National Green Tribunal
National Green Tribunal Southern Zone vs The Secretary To Govt. Of Tamil Nadu ... on 10 June, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.02:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 06 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU Based on The
News item in the Hindu Newspaper Edition Dated:
21.12.2020, "Villnjiyambakkam Lake shrunk due to
Encroachment,"
...Applicant(s)
Versus
The Principal Secretary to Government
Public Works Department,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu and others
...Respondent(s)
Date of hearing: 10.06.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Suo Motu by Court
For Respondent(s): Sri. Dr. V. R. Thirunarayanan for R1, R2,
R3 & R5
Sri. C. Kasirajan through
MS. D. Ashwini for R4
1
Mr. P.Srinivas for R6
ORDER
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in the Hindu Tamil Thisai, newspaper, Chennai, Edition, dated 21.12.2020 under the caption "Mf;fpukpg;ghy; RUq;fpa Mtb tpspQ;rpak;ghf;fk; Vup kioePiu Nrkpj;J itf;f Kbahj mtyk;" (Vilinjiyambakkam Lake Shrunk due to encroachment, Shame of not being able to store rain water)
2. It is alleged in the newspaper report that the lake was originally having an extent of 100 acres and it was the primary source for ground water for the people in that locality namely, Avadi Municipality. Due to encroachment, that extent has been reduced to 50 acres. Even these 50 acres of lake is not being properly maintained by the Department.
3. The surplus water of Kovindhanthangal Lake in Kavarappalayam reaches through canal to Vilinjiyambakkam and the surplus water from this lake 2 goes to Paruthipattu Lake and these lakes are linked and rain water is stored. But the inlet and outlet of these two lakes are slowly disappearing due to encroachment thereby flow of water into these lakes obstructed. Further, there was no proper de-silting and maintenance of bunds being done by the authorities.
4. Considering the nature of allegations made, this Tribunal had admitted the matter and appointed a joint committee to go into the question and submit the report and the case was originally posted to 23.02.2021. Thereafter the matter has been adjourned from time to time by notification and the matter was lastly adjourned to today by notification dated 29.04.2021.
5. When the matter came up for hearing today through Video Conference, Sri. Dr. V. R. Thirunaraayanan represented respondents 1 to 3 and 5, Sri. C. Kasirajan through Ms. Ashwini represented 4th respondent and Sri. P. Srinivas represented 6th respondent. Service is complete.
6. We have received a joint committee report dated nil, e-filed on 25.03.2021 and received on 26.03.2021 which reads as follows:-
3 4 5 6 7
7. It is mentioned in the report that sewage/sullage that flows through open drains confluences into Vilinjiyambakkam from the areas of Sri Devi Nagar & Bharathidasan Nagar and Foreshore encroachment areas of Vilinjiyambakkam Lake, Sekkadu and kavarapalayam surplus feeding channel leading to Vilinjiyambakkam Lake and these areas fall under the jurisdiction of Avadi City Municipal Corporation.
8. It is also mentioned in the report that the Avadi City Municipal Corporation has not implemented full-fledged Under Ground Sewerage System (UGSS) for the above said area.
9. It is also mentioned in the report that the authorities of the Avadi City Municipal Corporation had told them that Under Ground Sewage System (UGSS) is in progress to connect these areas as well and it will take a longer time. But they will take some short term measures within a period of six months to avoid the sullage water reaching the lake.
10. It is also mentioned in the report that though a request 8 was made to the Tahsildar conduct the survey to fix the tank boundaries and inlet and outlet channels to identify the encroachment by their letter dated 15.05.2019 the steps taken by the Tahsildar are not clear from the report. In the restoration action plan provided by the committee, it was mentioned that the connections to Under Ground Sewerage System (UGSS) to all household in Sri Devi Nagar & Bharathidasan Nagar has to be completed within a period of six months, to survey the lake area and demarcating the boundary and assessment of identifying encroachment has to be completed within two months and the construction of Under Ground Sewerage System (UGSS) on either side of Kavarappalayam channel and Sekkadu surplus channel in residential area in Avadi has to be completed within 5 years. Eviction of encroachments in the Vilinjiyambakkam lake has to be completed within a period of 6 months and Restoration of lake by providing protection arrangements will have to be made by the Public Works Department (PWD) within a period of 2 years.
11. It may be mentioned here that allowing the sewage reach the water body for such a long period will only affect 9 the health of the people.
12. Though several directions have been issued by the Hon'ble High Court and as well by the Hon'ble Supreme Court to protect water bodies from encroachment and provide necessary maintenance and protection measures against the future encroachments, the authorities are not taking immediate steps to comply with such directions to protect environment. Whenever directions are issued, they will make assurance before this fundamental forum that they will take all necessary steps within a shorter time line and if the cases are disposed of recording of those undertaking, subsequently no further action is being taken by them in order to fulfil the obligation of undertaking given by them before the judicial forums.
13. It is seen from the report that water samples were taken and without getting the report of the water samples, it may not be possible to State whether the water in the particular lake has been contaminated or not and what is the reason for the contamination.
14. Further though it was mentioned in the report that they have not found discharge of industrial effluents. However 10 they have not mentioned about as to whether there are any industries situated near the lake and what is the mode of discharge of effluents adopted by them to ascertain as to whether there is any possibility of discharge of effluents from the industrial area as well.
15. Further they have are not taken the sediment samples from the lake, so as to ascertain as to whether there was presence of any heavy metals or presence of any industrial pollutants and without taking the soil sediments may not be possible to ascertain as to whether there is any clandestine method of discharging effluents by the industries into the lake.
16. So the committee is directed to file a further report by making the detailed inspection of those areas to ascertain as to whether there was any possibility of industrial pollution is being caused due to their unauthorised method of discharge of any trade effluents.
17. They are also directed to take the sediment samples, and conduct analysis to ascertain the above facts as well.
18. The committee is also directed to file a further report if any, contamination is caused to the water quality in the 11 lake then ascertain the source of contamination and suggest the remedial measures to rectify the same as well.
19. They are directed to file a further report regarding the progress of the compliance of the recommendations given by the committee in order to meet this situation.
20. The Avadi City Municipal Corporation is also directed to file a detailed action plan as to how they are going to resolve the issue of sullage water reaching the particular lake to avoid pollution being caused to the lake.
21. They are not expected to just submit a plan with long term measures which will require 5 years period for completing the Under Ground Sewerage System (UGSS) instead they will have to come with a shorter time line plan also for implementing the same apart from providing short term measures for diverting the sewage water collected in the drains to the existing sewage treatment plants to avoid untreated sullage water reaching the lake, so as to prevent further damage to the lake.
22. The Public Works Department (PWD) is also directed to file their independent action plan for protecting this water body.
12
23. The District Collector, Tiruvallur District is directed to constitute a committee handed by him and include all the stake holders who are expected to deal with these issues and prepare an action plan for protecting all the water bodies in Avadi City Municipal Corporation with short term and long term measures and for provide a supervisory mechanism also under his leadership to see that the action plan is implemented within a short time by coordinating with all the stake holder departments who are involved in this, so that the water bodies in Avadi City Municipal Corporation can be protected against pollution and encroachment and that will improve the water quality and availability of water in that area.
24. The District Collector, Tiruvallur District is also directed to submit a detailed report as mentioned above for this purpose.
25. The District Collector, Tiruvallur District, Avadi Municipal Corporation and the Tamil Nadu Pollution Control Board (TNPCB) are also expected to file an independent report regarding the implementation of the 13 Solid Waste Management Rules, 2016 which includes the management of sullage water that is being generated in that area and if any violation is found, what is the nature of action taken by them and such a proactive role is not being done by the Tamil Nadu Pollution Control Board (TNPCB) in all the cases where such issues are projected before the Tribunal.
26. The District Collector, Tiruvallur District is also while submitting their report as to mention as to whether any instructions have been given to the concerned Tahsildar for assisting the Public Works Department in identifying the encroachments and taken steps to evict them as well in accordance with law. The District Collector should ensure that all encroachments are evicted within a specified time line.
27. The above official respondents are directed to submit the respective reports to this Tribunal on or before 20.08.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per rules.
28. The Registry is directed to communicate this order to 14 the members of the committee, District Collector, Tiruvallur District, Chairman, Tamil Nadu Pollution Control Board (TNPCB), Public Works Department (PWD), the Commissioner Avadi City Municipal Corporation and also the Chief Secretary and Secretary of local administration, Commissioner Municipal Administration for their information and for taking steps at higher level if any assistance required for this purpose and also for filing the respective reports as directed.
29. For consideration of further reports and also for hearing, post on 20.08.2021.
Sd/--
....................................J.M. Justice K. Ramakrishnan) Sd/--
.................................E.M. (DR. K. Satyagopal) O.A. No. 06/2021 10.06.2021, 2021, Sr. 15