National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Govt. Of ... on 30 May, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.07: Court No - 1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 261 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU Based on
The News item in Dinamalar Chennai Edition, Dated
03.12.2020, "The untreated effluents from tanneries situated in
Nagalkeni, Pammal discharged into the canal".
And
1) The Principal Secretary to Govt. of Tamil Nadu,
Health and Family Welfare Department,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu 600 009.
2) Additional Chief Secretary to Govt. of Tamil Nadu,
Municipal Administration and Water Supply Department,
Govt. Secretariat, Fort George
Chennai, Tamil Nadu
3) The Principal Secretary to Govt. of Tamil Nadu,
Industries Department,
Govt. Secretariat, Fort George,
Chennai, Tamil Nadu 600 009.
4) The Secretary to Govt. of Tamil Nadu,
Department of Environment & Forests,
Govt. Secretariat, Fort George,
Chennai, Tamil Nadu 600 009.
5) The Chairman,
Tamil Nadu Pollution Control Board,
No. 76, Anna Salai, Guindy
Chennai, Tamil Nadu 600 032.
6) The District Collector,
Chengalpattu District,
1
Collector Office, GST Road,
Chengalpattu 603 001.
7) The Municipal Commissioner
Pammal Municipality,
Doctor Ambedkar Salai,
(Pozhichalur Salai), Pammal,
Chennai, Tamil Nadu 600 075.
8) The Secretary,
Thiruneermalai Town Panchayat,
No. 7 T.M. E, East Coast Road,
Thiruneermalai, Chennai
Tamil Nadu 600 132.
9) Tambaram Municipal Corporation
Rep. by its Commissioner,
No.1, Muthuranga Mudali Street,
Tambaram West,
Chennai - 600 045.
(Suo - Motu impleaded as per the order of the
Hon'ble Tribunal dt: 17.12.2021 in O.A. No. 261/2020 (SZ)
...Respondent(s)
Date of Judgment: 30.05.2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Suo Motu by Court
For Respondent(s): Dr. D. Shanmuganathan for R1 to R4, R6, R8.
Mr. S. Sai Sathya Jith for R5.
Mr. R. Purushothaman represented
Mr. P. Srinivas for R7 & R9
JUDGMENT
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in Dinamalar, Chennai edition dated 2 03.12.2020, under the caption "nrd;id> gk;ky;> ehfy;Nfzpapy; cs;s Njhy; njhopw;rhiyfspy; ,Ue;J Rj;jpfupf;fg;glhky; ntspNaw;wg;gLk; fopT ePu;> fhy;tha; topahf Neubahf milahW Mw;wpy; fye;J. Rw;Wr;#oYf;F khR Vw;gLj;jp tUfpwJ" (The untreated effluents from tanneries situated in Nagalkeni pammal discharged into the canal.).
2. It was alleged in the newspaper report that on account of the illegal discharge of untreated effluents from the leather factory in Nagalkeni, Pammal Chennai which flows into Adyar River, the water quality in the river has been polluted. They had also published a photograph showing the pathetic condition of the water being discharged into the Adyar River near Thiruneermalai.
3. As per order dated 17.12.2020, since this Tribunal was satisfied that there arose a substantial question of environment which required the interference of this Tribunal, admitted the matter and appointed a Joint Committee comprising (1) The District Collector, Chengalpattu District or a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate deputed by the District Collector, (2) a Senior Officer from the Tamil Nadu State Pollution Control Board (TNPCB) as designated by its Chairman, (3) a Senior Officer of the level of Superintending Engineer of Public Works Department (PWD) and Water Resources Organisation (WRO) and (4) the Municipal Commissioner from Pammal Municipality to inspect the area as well as the industries in that area and submit a factual as well as action taken report, if there is any violation found.
4. The committee was directed to
i) Inspect the tanneries and other industries in that area and ascertain as to whether they are having necessary pollution control mechanism and whether they are discharging untreated sewage effluents into the drain which ultimately reaches the Adyar River causing pollution,
ii) Whether there were having treatment systems provided in the industries, if any, and whether they are meeting the norms at the inlet and outlet level so as to ascertain the water quality which reach the Adyar river at canal mouth which opens to the Adyar River.
iii) Whether the Effluent Treatment Plant (ETP) if any provided 3 by the industries were operating in an effective manner, confirming the norms provided by the regulating authorities.
iv) To collect the water samples at the mouth of the Adyar River, where the alleged canal meet the river and if there is any contamination, find out the source and also suggest the remedial measures for restoring the water quality to the potable level.
v) If the committee found that any of the industries were violating the pollution norms and were responsible for the unauthorised discharge, then take action against them including imposition of environmental compensation and to take steps to recover the same apart from taking other statutory actions in accordance with law and incorporate the nature of action taken in the report.
5. The Commissioner, Pammal Municipality was designated as the nodal agency for co-ordination and also for providing necessary logistics for this purpose.
6. Thereafter, the matter has been adjourned from time to time either at the request of the parties or by notification. The matter was taken up on 18.03.2021 and on that day, this Tribunal had considered the Joint Committee report dated nil, e-filed on 03.03.2021 which was extracted in Para (3) of the order. This Tribunal also considered the action taken report submitted by the 7th respondent/Municipal Commissioner, Pammal Municipality extracted in Para (4) of the order which reads as follows:-
"It is submitted that pursuant to the newspaper reports that is the basis for the present application, this respondent had issued notice to the CETP operated by the tanneries in the Nagalkeni owned by M/s. Pallavaram tanners industrial effluent treatment Co by notice dt 15.12.2020 warning them to stop the discharge of untreated effluents and polluting discharge into the Nttukalvai and consequently the Adyar river. To this the said company operator of the ETP has submitted their response dt. 24.12.2020 regarding the factors for the discharge of the effluents and their efforts in ensuring the compliance with the norms for such discharge A final notice was also issued on 23.12.2020. Soon thereafter the notice from this Hon'ble Tribunal land the site inspection was carried out jointly with the other members of the Joint Committee.
I submit that the report of the joint committee appointed by this Hon'ble Tribunal filed on 2.3.2021 was perused by me and I am submitting the response/action taken report of the Pammal Municipality on the same.
It is submitted that the points regarding the responsibility has been dealt with the recommendation numbers 6 and 7 of the report and the 4 following facts are submitted.
Recommendation No.6: The Nattukalvai starts a surplus channel from the Tiruneermalai Eri and runs along the boundary between Tiruneermalai Town Panchayat and Pammal Municipality. The area along the Nattukalvai in the limits of the Pammal municipality do not have any houses and there is no source of sewage or sullage that is discharged into the Nattrukalai. The Pammal side of the banks of the Nattukalvai ae entirely vaant lands. There is one apartment building constructed by one M/s. Jain Housing on both sides of the Nattukalvai. The building on the side of Tiruneermalai is alone occupied and there is no drainage leading into the Nattukalvai. In the Pammal side of the channel the apartment building is unfinished and it is unoccupied.
Recommendation No.7: The Pammal Municipality has erected boards warning against dumping of solid wastes in the Nattukalvai. The solid waste that were already available in the said channel have been entirely removed during the bio mining works in the compost yard of the Pammal Municipality. The bio mining of the legacy wastes from the compost yard of the Pammal Municipality has been completed in the year 2019 itself and there is no dumping of solid wastes in the said Nattukalai or the surrounding areas by Pammal Municipality.
The Pammal Municipality is following the 2016 Solid Waste Management Rules and has also framed bye-laws for the implementation of the SWM, 2016. The daily wastes are collected only in 100% source segregated manner and the bio degradable wastes are being processed in 4 MCCs run by the municipality land the recyclables recovered in the Resource Recovery Centre are sent for use as fuel in the cement factories in Ariyalur area by baling them. Inert wastes are being used for filling up low lying areas and construction activities. The solid wastes are effectively managed and disposed off in this municipality strictly in accordance with the SWM Rules, 2016.
The Municipality is ready and cooperating with the TNPCB and the other departments in regard to ensuring that the polluting effluents are not discharged into the environment."
7. This Tribunal also considered the recommendations made by the Joint Committee and passed the following order:-
"There are certain recommendations made by the Committee. It is seen from the report that the CETP is not properly functioning and the effluents are not meeting the standards. The Pollution Control Board has not submitted any independent report as to what is the action taken by them against the tanneries which are discharging the effluents without proper treatment and what is the action taken by them against the CETP for non complying the pollution norms. There are certain directions issued to the PWD also regarding the construction of retaining wall on either side of Nattu Kalvai, surplus course of Thiruneermalai Eri, leading to Adyar river as proposed.
There is no time line mentioned within which they will have to complete the same as well. It was mentioned in the report that the PWD had provided a detailed project report to the government at an estimated cost of Rs.2,000 Crores for rejuvenating the water bodies in certain areas which includes this water body as well. It is not known as to how much time it will take for the implementation of that project.
Prevention of pollution cannot wait for such a long time. They are expected to take some temporary measures to arrest pollution and protect the water body against pollution and encroachment. They are expected to come with proper action plan containing short term and long term measures as to how 5 they are going to protect the water body till the project is implemented.
When this was pointed out, the learned counsel appearing for the State Departments submitted that if some time is granted, they will comewith proper report.
The Joint Committee, Pollution Control Board, PWD and Local Body are directed to file their independent action taken report against the violators for non complying with the pollution norms and the action taken against such persons including imposition of environmental compensation in accordance with law".
8. This Tribunal had directed the Public Works Department and Water Resources Organisation, the Tamil Nadu Pollution Control Board and the Joint Committee to file their independent action taken reports and posted the case to a future date.
9. Since the Pammal Municipality has been merged with Tambaram City Municipal Corporation they were suo - motu impleaded as additional 9th respondent as per order dated 17.12.2021.
10. The matter was again taken up on 13.09.2021 and on that day, this Tribunal had considered the report submitted by the 7th respondent dated 14.08.2021, e-filed on 12.09.2021 and extracted in Para (3) of the order and thereafter this Tribunal had passed the following order:--
"4. It is seen from the report referred to above that one of the recommendations was that CETP shall complete and commission the mixing/ dilution project activity (i.e. laying of pipeline from the Common Effluent Treatment Plant to Perungudi STP, construction of Effluent tank, Collection Tank and Mixing Tank along with online monitoring system) within 31.12.2021.
5. It is not known as to how the treated effluents can be diluted and can be taken to the STP for treatment. CETPS itself is supposed to be a scientific system evolved for the purpose of treating the trade effluents that are being discharged from the tanneries. As far as possible, the treated water will have to be reused for the tanneries purpose, so as to avoid fresh water being used for this purpose and also to avoid treated water being discharged into the water bodies, as it may contain heavy metals which are injurious to health.
6. When this was pointed out, the learned counsel appearing for the Tamil Nadu Pollution Control Board submitted that they will come with a detailed report regarding this aspect.
7. The question of dilution or mixing scheme for tanneries or for any other industries is not a permissible one and it cannot be said to be an eco- friendly measure as well. The committee will have to revisit on this aspect and come with a proper report suggesting eco-friendly methods by which this can be resolved in an effective manner.
8. The State Pollution Control Board is also directed to file analysis report of the trade effluents that are being treated by the CETP at the inlet and outlet, so as to ascertain whether it conforms with the standard prescribed so as to allow discharge of the same into the water body which will not result in any contamination of the water in the water bodies while filing the report as directed.
9. The proposed discharge in Adyar River itself is facing lot of pollution problem on account of untreated sewage being let in by the local bodies 6 which are situated along the Adyar River coast.
10. So, the committee as well as the Pollution Control Board are directed to file the respective reports regarding the above aspects on or before 29.09.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules."
11. The matter was again taken up on 01.04.2022. On that date, this Tribunal considered the report submitted by the newly added 9th respondent/Tambaram City Municipal Corporation dated 27.01.2022, e- filed on 22.02.2022 and directed the Tamil Nadu Pollution Control Board and the joint Committee to file further reports and posted the case to 28.04.2022 for that purpose. On 28.04.2022, the matter was adjourned to today by notification.
12. We have received a report submitted by the 9th respondent dated 22.04.2022, e-filed on 24.04.202 which reads as follows:-
7The said areas are all newly added to the Tambaram Corporatin and they were all formerly Municipality and Town Panchayats having lower density of population. the Tambaram Corporation has addressed a letter dated 14.12.2020 to the Chennai Metro Water and Sewereage Board to conduct the Survey for imlementing the UGSS Scheme in respect of above said uncovered areas.
13. It is seen from the report that they have prepared Detailed Project Report (DPR) for Construction of Storm Water Drain within Tambaram City Municipal Corporation limit at a cost of Rs. 30.00 Crores and the same was submitted to the Commissioner of Municipal Administration for getting Administrative Sanction. With regard to Pammal and Anakaputhur areas which are newly added to the Tambaram City Municipal Corporation, Underground drainage Scheme construction was started in December -
2021 with an estimated amount of Rs. 211.15 Croes and the work is going on at these 4 Zones with 3 Pumping Station, 1 Lifting Station, 1 STP followed by pipe lines for 100 Kms and pumping line for 6 Kms. As of 8 now Zone 2 work has been started and all the Underground Drainage (UGD) & Sewer Pipe line work will be completed by the year 2023. Action has been taken for implementing Underground Sewerage Scheme (UGSS) in all uncovered areas of Chitlapakkam, Thiruneermalai, Peerkankaranai, Perungalathur and Madambakkam.
14. They have also addressed a letter to Chennai Metropolitan Water Supply and Sewerage Board to conduct the Survey for implementing the Underground Sewerage Scheme (UGSS) scheme in the above said uncovered areas.
15. It may be mentioned here that implementation of Solid Waste Management Rules 2016, Liquid Waste Management and protection of water body against encroachment etc., are the primary responsibility of the State as contemplated under Article 48 (A) of the Constitution of India. Nobody is entitled to discharge untreated sewage into the water body or public drain which ultimately reaches any water body. In this case admittedly, some of the areas are not having Underground Sewage Scheme (UGSS) and untreated sewage is being let into the canal which ultimately reaches the Adyar River causing pollution to the Adyar River. It is for the regulators namely, the Municipal Corporation, Tamil Nadu Pollution Control Board and the District administration to monitor in all these aspects and to take appropriate action against those persons who are responsible for the same. There was also an allegation that the tanneries working in that area were also discharging the untreated sewage into the water body.
16. As regards, the discharge of effluent and maintenance of the Common Effluent Treatment Plant (CETP) etc., from the industries are concerned the Hon‟ble Apex Court in Paryavaran Suraksha Samiti and others vs. Union of India and others reported in (2017) 5 SCC 326, has categorically stated that no industry is allowed to operate if they did not have their own effluent treatment system and it is for the regulators to take action against those industries who are discharging untreated effluents into the water bodies and time line was also fixed in that case that it should be completed by 31.03.2017.
17. Further, the Principal Bench of National Green Tribunal, New Delhi also in O.A. No. 593 of 2017 (PB) dated 21.05.2020 and O.A. No. 673 of 2018 9 (PB) dated 06.12.2019 has given several directions regarding establishing Sewerage Treatment Plants (STPs) to avoid discharge of untreated sewage into the water bodies and directed the respective regulators to take appropriate action against those persons who are violating the same applying „Polluter Pays Principle‟. In O.A. No. 395 of 2013 and other connected cases (O.A. No. 395 of 2013 (SZ) Suo - Motu proceedings initiated based on the representation received from Justice R. Bhaskaran, Former Judge vs. State of Kerala and others with O.A. No. 396 of 2013 (SZ) Shibu Manuel , Secretary, Green Action Force vs. the Government of India and others with O.A. No. 242 of 2016 (SZ) K. Muhammed Iqbal vs. Kerala State Pollution Control Board and others, Special Bench of this Tribunal by order dated 27.05.2022 directed the authorities to take all steps to prevent discharge of untreated sewage and the effluents into the water body and as far as possible the industries must implement Zero Liquid Discharge System, so that there is no possibility of any untreated sewage or effluent being let into the water body and directed the regulators to take appropriate action against those persons who are violating the same including imposition of environmental compensation apart from launching prosecution for such violation.
18. The same view has been reiterated by this Tribunal in O.A. No. 273 of 2017 (SZ) (Sri Sarvamangala Nagar Residents Association vs. Secretary to Government Public Works Department Chennai and others) by order dated 20.02.2022 and directed the Chief Secretary to look into the issue and implement the directions in its letter and spirit. The Special Bench of this Tribunal in those cases also reiterated that it is not possible for the Tribunal to monitor the implementation perpetually and it is for the regulators to take appropriate action. If there is any proposal for certain projects sent by the local body are pending with the higher officials then they are directed to look into the issue and give necessary sanction both administrative and financial, so that they can implement the projects without delay and it will not be stalled due to want of funds. Similar direction was issued by the Special Bench of this Tribunal while disposing the case in O.A. No. 273 of 2017 (SZ), (Sri Sarvamangala Nagar Residents Association vs. Secretary to Government Public Works Department Chennai and others) by order dated 20.02.2022 and M.A. No. 38 of 2017 (SZ) in O.A. No. 155 of 2016 (SZ) Mr. Rajiv Chekuri vs. The Special 10 Officer, Sithalapakkam Panchayat Office, Kancheepuram District and others)
19. So under such circumstances, we feel that the matter can be disposed of with following directions:-
i) The Commissioner-Tambaram city Municipal Corporation is directed to take steps to expedite the implementation of Underground Sewerage Scheme (UGSS) within their jurisdiction where the area was not covered under the scheme.
ii) They are also directed to implement the recommendations made by the Joint Committee both long term and short term, so as to avoid discharge of untreated sewage into the water body and pollute the water body.
iii) The Tamil Nadu Pollution Control Board is directed to take appropriate action against those industries/tanneries who are violating the terms of conditions and the environmental norms and discharging untreated effluent into the water body or water channel which reaches the water body ultimately and to take appropriate action against them including imposition of environmental compensation apart from initiating prosecution for their non-compliance.
iv) The Tamil Nadu Pollution Control Board is also directed to strictly implement the directions issued by the Hon‟ble Apex Court in Paryavaran Suraksha Samiti and others vs. Union of India and others reported in (2017) 5 SCC 326 as mentioned above and other directions issued by the Principal Bench of National Green Tribunal and also this Tribunal in several cases of this nature in its letter and spirit.
v) The District Collector-Chengalpattu District is also directed to monitor the implementation of this scheme and if there is any gap found in implementing the Solid Waste Management Rules, 2016 or Liquid Waste Management within their jurisdiction, they are directed 11 to take appropriate steps to rectify the gap and to prevent pollution being caused to the water bodies.
vi) The District Collector, Chengalpattu District is also directed to ascertain as to whether if there is any encroachment into the water body and if so, they are directed to take appropriate action to remove the encroachment and protect the water body against encroachment and pollution.
vii) the Director of Municipal Administration is directed to look into the proposals, if any sent by the Commissioner, Tambaram City Municipal Corporation is received in that office, then they are directed to process the same and to take steps to give necessary administrative and financial sanction for that purpose and monitor the implementation of the same to avoid pollution being caused to the water bodies and also implementation of the directions issued by the National Green Tribunal in several cases relating to implementation of Solid Waste Management and Liquid Waste Management within their jurisdiction.
viii) The Public Works Department (PWD) and Water Resources Department (WRD) is directed to monitor as to whether any untreated sewage or industrial effluents are being discharged into the Storm Water Drain or any water channel which ultimately reaches the Adyar river and other water bodies and if there is any such instances brought to their notice, then they are directed to take appropriate action against the persons responsible in accordance with law and to prevent such illegal activities being perpetrated and avoid pollution being caused to the water body.
ix) The Additional Chief Secretary to Government for Municipal Administration and Water Supply and the Chief Secretary to Government, State of Tamil Nadu are directed to monitor the implementation of the 12 directions issued by this Tribunal by the respective local bodies and the regulators and if there is any assistance required, then they are directed to provide necessary support both financial and administrative, so as to implement the schemes in protect the water bodies and provide clean environment to the people living in that locality.
x) The Registry is directed to communicate this order to the Commissioner-Tambaram City Municipal Corporation, District Collector-Chengalpattu District, Chairman-Tamil Nadu Pollution Control Board, the Director of Rural Development and Panchayat Raj Department, Engineer-in-Chief Water Resources Department (PWD), the Additional Chief Secretary to Government of Tamil Nadu for Municipal Administration and Water Supply Department, the Principal Secretary to Government of Tamil Nadu, Industries Department and also to the Chief Secretary to Government, State of Tamil Nadu for their information and also compliance to the direction.
20. With the above observations and directions, the Original Application is finally disposed of.
Sd/-
....................................J.M. (Justice K. Ramakrishnan) Sd/-
.................................E.M. (Dr. Satyagopal Korlapati) O.A. No. 261 of 2020 (SZ), 30.05.2022, Sr. 13