National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Government ... on 24 November, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.5
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 82 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion SUO MOTU
initiated proceedings based on the news item
published in the Dinamalar Newspaper
dated 13.06.2020 under the caption
"Will Guduvancheri Lake turns out to be an Eco-park?"
Versus
1. The Principal Secretary to Government,
Public Works Department, Secretariat,
Fort St. George, Chennai 600 009.
2. The Secretary to Government of Tamil Nadu,
Department of Environment,
Government Secretariat, Fort St. George
Chennai, Tamil Nadu 600 009.
3. The Secretary to Government of Tamil Nadu,
Health and Family Welfare Department,
Government Secretariat, Fort St. George
Chennai, Tamil Nadu 600 009.
4. Additional Chief Secretary to Government of Tamil Nadu,
Municipal Administration and Water Supply Department,
Government Secretariat, Fort St. 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,
Chengalpet District,
Collector Office, GST Road,
Chengalpattu 603 001
7.Maraimalainagar Municipality,
Rep. by its Municipal Commissioner,
Municipal Office, Maraimalainagar,
Chengalpattu 603 209
8. Nandivaram Guduvancheri Town Panchayat,
Rep. by its Executive Officer,
GST Road, Guduvancheri (Near Uzhzvar Sandhai)
Chengalpattu 603 202. ... Respondent(s)
1
Date of hearing: 24.11.2020
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. V.R. Thirunarayanan for R 1 to 4 & 6
Mr. C. Kasirajan and
Ms. Meena for R5.
JUDGMENT
The above case has been taken Suo Motu registered by this Tribunal on the basis of the news paper report published in Dinamalar - daily, Chennai Edition dated, 13.06.2020 under the caption "$LthQ;Nrup Vup Rw;Wr;#oy; g+q;fhthFkh?" (Will Guduvancheri Lake turn out to be an eco park?).
2. It is seen from the newspaper report that the lake is situated near Guduvancheri Railway Station in Chengalpattu District. It is being maintained by the Public Works Department. As per Government records, agriculture in 150 acres of land in more than 20 villages including Guduvancheri, Aadanur and Madambakkam were dependent on the same earlier. It is having an extent of 46.95 acres. At present cultivation is taking place only in 30 acres.
3. It is alleged in the news paper report that sewage from households in Nadivaram- Guduvancheri Town Panchayats and Maraimalai Nagar Municipality are being discharged into the lake apart from effluents from Private Medical College Hospital and Private hospitals and Clinics in that area. On account of this, the ground water level in that area has been affected and the quality of 2 water has also been deteriorated.
4. Earlier on the basis of some paper reports and demand from the public, some desilting work was done by Public Works Department by spending nearly 26 lakhs. But, thereafter, regular maintenance has not been undertaken by them, causing the lake to go back to its original position.
5. This Tribunal, while admitting the matter, reiterated the observations and directions of the Hon'ble Apex Court and the Principal Bench of the National Green Tribunal and this Bench regarding the responsibility of the Government and its Departments and Local Bodies to maintain the water bodies, as they play a greater role in protection of environment, apart from catering to the needs of water for drinking and agriculture. Further, it also plays a greater role in maintaining the equilibrium and ecological balance as well. So, prime importance needs to be given for protecting water bodies against pollution and encroachment. Further, if the water bodies are properly maintained, they will act as reservoir to preserve and conserve water which will act as water recharge system and improve the ground water level in that area. Further, there is an obligation on the part of the State machineries under Article 48-A and 51-A(g) of the Constitution of India to protect environment.
6. So this Tribunal constituted a joint committee comprising of the District Collector, Chengalpet District, Senior Officer/Scientist from Tamil Nadu Pollution Control Board designated by the Chairman Tamil Nadu Pollution Control Board, the Superintending Engineer of Public Works Department and also Water Resources Organisation, Executive Engineer, Lower Palar Basin Bridge Division, Kancheepuram and Assistant Engineer of Irrigation Section of 3 Chengalpattu to inspect the lake in question and submit a status as well as action taken report, if there is any violation found.
7. This Tribunal had directed the committee to consider the following things:
(i)Whether there are any encroachments and what are the steps taken by the authorities to remove the encroachment, if any.
(ii) Whether necessary maintenance is being done by the authorities for protecting the lake in order to maintain its storing capacity which will act as a water recharge source to protect the ground water level in that area.
(iii) To ascertain as to whether there is any scheme framed by the Government for protecting water bodies in the State including this lake and if so what is the status of its implementation and whether any steps have been taken by the local bodies as well as the authorities who are in charge of maintaining this water body to maintain and protect it against encroachment and also pollution.
(iv) Whether any further steps have been taken to protect the lake, to avoid further encroachment in future.
(v) To prepare an action plan with short term and long term measures to protect the water body including the possibility of creating bio-diversity parks/ tree plantation around the lake area, so that further encroachment can be avoided in future.
(vi) To ascertain as to whether any untreated sewage is being discharged either by the residents of the locality or by the local bodies without providing necessary measures for treating the same before being discharged into the lake.
(vii) Consider the question of taking action against the violators including launching of prosecution and assessment of 4 environmental compensation and also suggest ways and means, if there is any contamination found, to rectify the same.
8. The matter was adjourned from time to time for the purpose of getting the report.
9. The seventh respondent filed counter affidavit contending as follows:
"It is submitted that this application is filed by this Hon'ble Tribunal in exercise of its suo motu powers based on news paper report lpublished in dinamalar - Daily 13.06.2020 under the caption Will Guduvancheri Lake turn out to be an eco park?
It is alleged in the report that the lake is situated near Guduvancheri Railway Station in Chengalpattu District. It is being maintained by the Public Works Department. As per Government records, agriculture in 150 acres of land in more than 20 villages including Guduvancheri, Aadanur and Madambakkam were dependent on this lake. It is having an extent of 46.95 acres. At present cultivation is taking place only in 30 acres. It is further alleged in the newspaper report that the sewage from households in Nadivaram- Guduvancheri Town Panchayats and Maraimalai Nagar Municipality are being discharged in the lake apart from effluents from Private Medical College Hospital and Private hospitals and Clinics in that area. Due to this the ground water level in that area has been affected and the quality of water has also deteriorated.
It is submitted that by order dated 19.6.2020, the Hon'ble National Green Tribunal was pleased to pass orders, constituting a joint committee, comprising of the District Collector, Chengalpet District, Senior Officer/Scientist from Tamil Nadu Pollution Control Board designated by the Chairman Tamil Nadu Pollution Control Board, the Superintending Engineer of Public Works Department and also Water Resources Organisation, Executive Engineer, Lower Palar Basin Bridge Division, Kancheepuram and Assistant Engineer of Irrigation Section of Chengalpattu to inspect the lake 5 in question and submit a status as well as action taken report if there is any violation. The said committee had filed a report before this Hon'be National Green Tribunal which stated that no solid waste or sewage discharge is being done by the Panchayat.
It is submitted that prior to current case, an Original Application in O.A.No.423/13 was filed before this Hon'ble Tribunal, alleging that SRM hospital land college is discharging sewage water in Guduvancheri lake through rain water drain which was under construction by this respondent. Subsequently the case was disposed. In the area of this respondent there is only one college functioning i.e., SRM college and he said college has a sewage treatment plant within their premises.
It is necessary to state that this respondent is taking effective steps for collection of daily waste from the Municipality, door-to-door and had taken the earnest efforts to dispose the same following the rules, as stipulated under the Solid Waste Rules, 2016. The following are the details of the waste generated and methods of disposal in this respondent Municipality.
Population as per 2011 census 90096
Per day generation waste/per head 0.250 gm
Total waste generation 22.52 MT
Wet waste (50%) 11.26 MT
Saleable dry waste (10%) 2.25 MT
Non-saleable waste (30%) 6.76 MT
Inert waste (10%) 2.25 MT
Total 22.52 MT
Wet waste
Method of Total nos. Capacity Put in use
process
MCC 5 5MT 5
OCC 2 4MT 1
6
BWG 35 2MT 11
Dry waste
Method of Total Present Remarks
process generation Position
Saleable 2 1MT Daily 2 MT saleable
dry Dry waste which is
waste Saleable is being sold
To recycling vendors
Non 7 3MT 7MT daily non saleable
saleable and combustible
Dry fraction
waste Sent to ultra tech
cement
Factory, Ariyalur
Further this respondent has also built a sewage treatment plant in Adikalar Road. This plant was built at a cost of Rs.375/- lakhs in 2007-08 financial year. The discharged sewage water from the residential houses of this respondent Municipality is being treated in this plant. It is necessary to state that a writ petition in W.P.No.14387/18 is pending before the Hon'be High Court of Madras, alleging that the STP of this respondent is treating industrial waste too wherein a joint committee inspection was conducted to test the said allegation on 17.12.18 and based on which few illegal connections were disconnected and now the STP in this respondent's municipality is treating only the sewage waste of the residential houses. It is submitted that this respondent is strictly adhering to the Solid Waste Management Rules and further untreated sewage generated is neither released in Guduvencheri lake nor in any other water body."
10. The eighth respondent filed counter affidavit contending as 7 follows:
"I am the 8th respondent herein and as such, I am well acquainted with the facts and circumstances of the case. I am swearing this reply-affidavit on the basis of the records available in the office of this Respondent.
It is submitted that this Application is filed by this Hon'ble Tribunal in exercise of its "SUO MOTO" powers based on News paper report published in Dinamalar-daily Chennai Edition dated; 13-06-2020 under the caption will "Guduvancheri Lake turn out to be an ecopark?"The newspaper report had stated that the lake is situated near Guduvancheri Railway Station. It is being maintained by the Public Works Department. As per Government records, agriculture in 150 acres of land in more than 20 villages including Guduvancheri, Aadanur and Madambakkam were dependent on this lake. And now it is having an extent of 46.95 acres, further at present cultivation is taking place only in 30 acres. Further the allegation in the said report is that sewage from households in Nandivaram-Guduvancheri Town panchayats and Maraimalai Nagar Municipality are being discharged in the lake apart from effluents from private Medical College Hospital and private hospitals and clinics in that area. Due to this the ground water level in that area has been affected and the quality of water has also deteriorated. It is submitted that by order dated 19.06.2020 the Hon'ble National Green Tribunal was pleased to constitute a Joint Committee , comprising of the District Collector, Chengalpat District Senior Officer /Scientist from Tamil Nadu Pollution Control Board designed by the Chairman Tamil Nadu Pollution Control Board, the Superintending Engineer of Public Works Department and also Water Resources Organisation, Executive Engineer, Lower Palar Basin Bridge Division, Kancheepuram and Assistant Engineer of irrigation section of Chengalpattu to inspect the land in question and submit a status as well as action taken report if there is any violation. It is submitted that on 20.07.2020 the Environmental Engineer and Public Works Department of Nandivaram Guduvancheri town panchayat had jointly inspected the lake in question and had also taken water samples for testing.
It is necessary that this Respondent do not indulge in any activity of dumping or burning of waste collected in this respondent's panchayat at the impugned lake. The waste generated in the areas of this Respondent is transferred to Vallalar Nagar (S.No.375/2- 7,376/A1, 403-B1-4, 421/B1-4, 448/A1404/4,5) for recycling and producing fertilisers through WINRO technology. And it is also submitted that no house hold waste is let to any of the Rain Water channels situated in this area. Which lead to Guduvancheri Lake. It is submitted that this respondent is strictly adhering to the solid Waste Management Rules and further the waste water generated is not released in any water bodies".
11. When the matter came up for hearing today through Video Conference, Dr. V. R. Thirunarayanan represented respondents 1 to 4 and 6 and Mr. C. Kasirajan represented fifth respondent. 8
12. We have received the report submitted by the Joint Committee dated 29.9.2020 which reads as follows:
"It is respectfully submitted that the Hon'ble National Tribunal (SZ), Chennai in its order dated 19.6.2020 in the matter of O.A.No.82 of 2020 directed the following:
So, considering the circumstances and also to ascertain the present state of affairs, we feel it appropriate to appoint a joint committee comprising of the District Collector, Chengalpet District, Senior Officer/Scientist from Tamil Nadu Pollution Control Board designated by the Chairman Tamil Nadu Pollution Control Board, the Superintending Engineer of Public Works Department and also Water Resources Organisation, Executive Engineer, Lower Palar Basin Bridge Division, Kancheepuram and Assistant Engineer of Irrigation Section of Chengalpattu to inspect the lake in question and submit a status as well as action taken report if there is any violation found. The committee is directed to consider the question as to whether there were any encroachment and what are the steps taken by the authorities to remove the encroachment if any and also whether necessary maintenance is being done by the authorities for protecting the lake in order to maintain its storing capacity which will act as a water recharge source to protect the ground water level in that area. The committee may also ascertain as to whether there is any scheme framed by the Government for protecting water bodies in the State including this lake and if so what is the status of its implementation and whether any steps have been taken by the local bodies as well as the authorities who are in charge of maintaining this water body to maintain and protect it against encroachment and also pollution and whether any permanent steps have been taken to protect environment, 9 to avoid further encroachment in future. They are also directed to prepare an action plan with short term and long term measures to protect the water body including the possibility of creating bio-diversity parks/ tree plantation around the lake area, so that further encroachment can be avoided in future.
The committee is also directed to go into the question as to whether any untreated sewage is being discharged either by the residents of the locality or by the local bodies without providing necessary measures for treating the same before being discharged into the lakes. As per the provisions of the Solid Waste Management Rules, 2016, the local bodies are expected to maintain the sewage treatment plants and discharge water into the water bodies only after treating the same making it in conformity with the standard for such discharge into the water body, if there is any violation found in this regard, then the committee is also directed to suggest the action to be taken against the violators including launching of prosecution and assessment of the environmental compensation.
The Assistant Engineer, Irrigation, Chengalpattu District will be the nodal agency for co-ordination and for providing all necessary logistics for this purpose. The District Collector is also directed to supervise and co-ordinate with the officers in complying with the direction of the tribunal.
The committee is directed to submit the report to this Tribunal within a period of three months through e-mail or e-filing @ [email protected].
Compliance of the direction: In due compliance with the said Hon'ble National Tribunal direction, the members of the joint committee have carried out the inspection of the Guduvacheri Lake and the sewage 10 management and solid waste management system provided by the Guduvancheri Ton Panchayat on 17.7.2020, 20.7.2020 and 28.9.2020. Further, surface water samples from the Guduvancheri Lake was collected on 20.7.2020 so as to ascertain the present water quality in the said water body.
Joint Inspection of the committee: The joint committee, as constituted by the Hon'ble National Green Tribunal (SZ) inspected the area in question on 17.7.2020, 20.7.2020 and 28.9.2020. It is respectfully submitted that the Executive Officer, Guduvancheri Town Panchayat has submitted the present status as follows:
Total area of Guduvancheri Town Panchayat 8.5 sq.km Total population of the Panchayat 44098 nos.
Total household of te panchayat 13585 nos.
No of wards: 18 nos.
Solid waste management: Generation of total solid waste in the panchayat - 15.5.MT/day (biodegradable - 11.0 MT & non bio degradable waste - 4.5 MT) Present status of collection land disposal of solid waste: Presently, the Town Panchayat carries out door-to-door collection of soli waste of 15.50 T/day deploying 6 E-cart tricycles, 9 push carts, 3 tractors and 37 sanitary workers Out of 5 T/day solid waste, biodegradable solid waste is 2%/day and the non biodegradable wastes is 3 MT/day.
The town panchayat is having a micro composting centre at S.F.No.375/2 etc. Nanthivanam villae, Chengalpattu Taluk and District for processing the biodegradable solid waste generated from the town panchayat. The remaining solid waste is sent to recyclers. II. Sewage Management: In Guduvancheri Town Panchayat, there are about 13585 nos. of households. From those households and also 11 from the commercial establishments located in the town panchayat sewage of quantity 2.0 MLD is generated. Most of the households have provided septic tank and soak pit arrangements for the treatment and disposal of sewage generated from their household. No underground sewerage network system and no sewage treatment plant is provided in the town pancyhayat to handle the sewage generated from the town panchayat area.
Observations by the committee:
1.The total extent of the Guduvancheri lake water spread area at Guduvancheri village, Chengalpattu Taluk & District 19 ha and it was reported that the lake is owned by Public Works Department.
2.The Guduvancheri lake is surrounded by railway station on the eastern side, residences on the western side, vacant land and residences on the southern side and Madambakkam main road on the northern side.
3. An inflow channel carrying overflow (surplus) water from Potheri Eri and Vallancheri Eri in the eastern side of the lake leading into the Guduvancheri lake.
4. An outflow surplus channel is located at the western side of the lake leading to river Adyar.
5. There are three storm water drains in the eastern side of the lake discharging sullage generated from the town panchayat for which the local body is submitting herewith the short term and long term plan to mitigate the same.
6. Encroachment was found on the southern and western side of the lake for which PWD is submitting herewith the short term and long term measures to mitigate the same.
7. The Guduvancheri panchayat is carrying out the processing of the 12 bio degradable solid waste collected from the ton panchayat area through micro composting centre located at SF.No.375/2 etc., Nandhivaram Village, Chengalpattu Taluk & District and the remaining waste is disposed through recyclers. Further more, the said local body has obtained authorization under Solid Waste Management Rules, 2016 valid upto 31.3.2020 vide Proceedings No. JCEE(M)/TNPCB/CHNZONE/SWM/F.6844/MMN/2019 dt. 9.4.2019 which was exended for a period upto 30.9.2020.
8. No municipal solid waste was found dumped in the lake area
9. The PWD has already carried out the strengthening of the tank bund and repairs to the weir and reconstruction of sluice of the Guduvanchery Lake at a cost of rs.24 lakhs uner Kudimarmath scheme in the year 2017-18.
10. The PWD has also carried out deepening of the Guduvancheri Lake at a cost of Rs.23 Lakhs in the year 20-18-19 under long term flood mitigation works.
11. No bio medical waste was found dumped in the lake area.
Furthermore the educational institution such as M/s.SRM Institute of Science & Technology (SRM Medical College & Research Centre) located in the eastern side of the lake area at about 3 kms from the Guduvancheri lake has their own treatment system to handle the sewage and trade effluent generated from their activity, utilized within the premises for gardening and green belt development and to handle the solid waste generated under the provisions of Solid Waste Management Rules, 2016 and also to handle bio medical waste under the provisions of the Bio Medical Waste Management Rules, 2016.
12. There are 1 primary health centre and 2 private hospitals catering the health care needs of the public in the said panchayat area. All the 13 said health care facilities have obtained consent under the Water (P&CP) Act, 1974 and the Air (P&CP) Act, 1981 and authorization under the Bio Medical Waste Management Rules, 2016. Short term plan: The Public Works Department has identified 42 nos. hutments and semi-permanent houses with AC sheets and two pucca concrete houses as encroachment in the western side of the lake area. Demarcation has been made and the particulars in Form I and II are awaited from the Tahsildar, lVandalur as mandated in the "Tamil Nadu Protection of Tank and Eviction of Encroachments Act, 2007 an collected within a month's time.
2. The Guduvancheri Town Panchayat will identify the violators who are discharging sullage into the storm water drain leading to the lake and also levy environmental compensation/fine on the violators under the provisions of the localbody Acts within a month's time. Long term: 1. The Public Works Department will evict the encroachments in the lake area with the help of revenue officials within a period of 4 months.
2. The Town panchayat will stop the flow of sullage into the Guduvancheri lake withi a period of 3 months.
III. Collection of water samples to ascertain the quality of waer in the Guduvancheri lake.
In due compliance with the order of the Hon'ble National Green Tribunal (SZ) water samples were collected from the Guduvancheri lake on 20.7.2020 and the details of the report of analysis is submitted as below:
Statement showing the value of the physic chemical parameters analysed Parameters units TNPCB Point of 14 Standard Collectio S (Inland n Surface Guduvan water Chery Lake pH @ 250C No 5.59 6.68 Total suspended solids @ Mg/L 100 40 1050 C Total dissolved solids @ Mg/L 2100 605 1800 C DO Mg/L 5 Mg/L & above 61 BOD @ 270 C Mg/L 30 12 COD Mg/L 250 120 Copper as CU Mg/L 3 <0.033 Zinc as Zn Mg/L 1 <0.01 Cadmium as Cd Mg/L 2 <0.013 Lead as Pb Mg/L 0.1 <0.07 Nickel as Ni Mg/L 3 <0.05 Total chromium Cr Mg/L 2 <0.05 Statement showing the value of the bacteriological parameters analyzed.
Parameters Units Primary water quality Point of
Criteria for bathing Collection
Waters prescribed by Guduvan
Central Pollution Chery lake
Control Board
Total coliform MPN/ 500 or less 210
15
100 ml
Faecal coliform MPN/ 500 (desirable) 2500 61
100 ml (maximum
Permissible)
The report of analysis of the water sample collected from the said water body reveals that the physic chemical parameters analyzed satisfies the inland surface water standards prescribed by the Board. Furthermore, the water sample collected from the Guduvancherei Lake analyzed for Bacteriological lparameter (Faecal Coliform) meets the primary water quality criteria for bathing waters prescribed by Central Pollution Control Board.
Recommendations: Based on the above observation, the joint committee submits the following recommendation before the Hon'ble National Green Tribunal (SZ).
(i)The Guduvancheri Town Panchayat shall ensure 100% collection of solid waste being generated within its jurisdiction with proper segregation, door to door collection, processing and disposal by complying with the provisions of the Solid Waste Management Rules, 2016.
(ii) Guduvancheri Town Panchayat shall not dump solid waste under any circumstances in the said area in question.
(iii) Guduvancheri Town Panchayat shall dispose of the non degradable waste of 4.5 MT/day including plastic waste shall be sent to cement factories for co-processing complying with the provisions of the Solid Waste Management Rules, 2016.
(iv) Guduvancheri Town Panchayat shall stop the sullage into the Guduvancheri lake within a period of 3 months.
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(v) The Public Works Department shall evict the encroachments from the lake with the help of revenue officials within a period of 4 months."
13. We have received the report submitted by the Joint Committee dated 28.10.2020 which reads as follows:
"INSPECTION REPORT OF THE JOINT COMMITTEE CONSTITUTED BY THE HON'BLE NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE) ITS ORDER DATED 19.06.2020 IN O.A.NO. 82 OF 2020 (SZ) TAKEN UP AS SUO MOTU BY THE HON'BLE TRIBUNAL)
1. ORDERS OF THE HONBLE TRIBUNAL It is respectfully submitted that the Hon'ble National Green Tribunal (Southern zone) Chennai in its order dated 19.06.2020 in the matter of O.A No. 82 of 2020 directed the following So considering the circumstances and also ascertain the present status of affairs we feel it appropriate to appoint a Joint Committee comprising of( 1) District Collector , Chengalpet(2) Senior Officers/Scientists from Tamil Nadu pollution Control Board designed by the Chairman Tamil Nadu pollution Control Board, the Superintending Engineer of Public Works Department and also Water Resources Organisation, Executive Engineer, Lower Palar Basin Bridge Division, Kancheepuram and Assistant Engineer of Irrigation Section of Chegalpattu to inspect the lake in question and submit a status as well as action taken report if there is any violation found.
The Committee directed to consider the question as to whether there were any encroachment and what are the steps taken by the authorities to remove the encroachment if any and whether also necessary maintenance is being done by the authorities for protecting the lake in order to maintain its storing capacity which will act as a water recharge source to protect the ground water level in that area. The Committee may also ascertain as to whether there is any scheme framed by the Government for protecting water bodies in the State including this lake and if so what is the status of its implementation and whether any steps have been taken by the local bodies as well as the authorities who are in charge of maintain this water body to maintain and protect it against encroachment and also pollution and whether any permanent steps have been taken to protect environment to avoid further encroachment in future. They also directed to prepare an action plan with short term and long term measures to protect the water body including the possibility of creating bio-diversity parks/tree plantation around the lake area , so that further encroachment can be avoided in future.
The Committee is also directed to go into the question as to whether any untreated sewage is being discharged either by the residents of the locality or by the local bodies without providing necessary measures for treating the same before being discharged into the lakes. As per the provisions of Solid Waste Management rules, 2016 the local bodies are expected to maintain the sewage treatment plants and discharge into the water bodies only after treating the same making it in conformity with the standard for such discharge into the water body , if there is any 17 violation found in this regard then the committee is also directed to suggest the action to be taken against the violators including launching prosecution and assessment of the environmental compensation.
The Assistant Engineer, Irrigation, Chengalpattu District will be the nodal agency for co- ordination and for providing all necessary logistics for this purpose. The District Collector is also directed to supervise and co-ordinate with the officers in complying with the direction of this Tribunal.
It is respectfully submitted that the Joint Committee as constituted by the Hon'ble National Green Tribunal inspected the said site on 28.09.2020 and submitted the Joint Committee report before the Hon'ble Tribunal along with the action plan and recommendations. Further it is respectfully submitted that Hon'ble Tribunal in its order dated 29.09.2020 has directed as below Though in the paper report it was mentioned that sewage from Maralaimalai Nagar Municipality is also discharged into the water body apart from Private medical college Hospital and Private hospitals and health care clinics in that area nothing was mentioned about the manner in which sewage as well as solid waste generated are being managed in Maramalai Nagar municipality as well as private hospitals and health care facilities. They have also not mentioned as to whether they have got any proposal to establish any Bio-diversity park /tree plantation around the lake which will act as a barrier to prevent further encroachment has been directed by this Tribunal in several case of this nature in future and also improve the aesthetic beauty of the lake.
When this was pointed out, the learned counsel appeared for the State Department submitted that they will come with further report in this regard, if some more time is granted and the Maramalai Nagar Municipality will also come with their reply statement as to how they are handling their solid waste and the sewage that is being generated in this area. So the Joint Committee is directed to submit a further report in respect of the above matter and the Maralaimalai Nagar Municipality is directed to submit their response regarding the allegations made in the paper report.
In this regard, it is respectfully submitted that the Joint Committee has inspected the said area on 29.10.2020 and the observations were made.
1. The total extent of the Guduvancheri lake water spread area at Guduvancheri village Vandalur Taluk,Chengalpatu District is 19 Hectares and the lake is owned by Public Works Department(PWD)
2. The Guduvancheri lake is surrounded by railway station on the Eastern side, residences on the western side, vacant land and residences on the Southern side and Aadhanur main road on the Northern Side.
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3. An inflow channel is carrying overflow (surplus) water from Potheri Eri and Vallancherri Eri in the eastern side of the lake leading into the Guduvancheri lake.
4. An outflow surplus channel is located at the Western side of the lake leading into river Adayar.
5. There are three storm water drains in the eastern side of the lake discharging sullage generated from the Town Panchayat for which the local body has submitted the short term and long term plan to mitigate the same.
6. Encroachment was found on the southern and western side of the lake for which PWD has submitted short term and long term measures to evict the same.
7. The Guduvancheri panchayat is carrying out the processing of the bio degradable solid waste collected from their Town Panchayat area through Micro composting centre located at SF.No. 375/2 etc. Nandhivaram village, Vandallur Taluk, Chegalpattu District and the remaining waste is disposed through recyclers. Furthermore the said local body has obtained authorisation under Solid Waste Management Rules, 2016 valid up to 31.03.2020 vide proceedings No. JCEE(M)/TNPCB/CHN,ZONE/SWM/F.6844/MMN/2019 dated 08.04.2019 which was extended for the period upto 30.09.2020. The Town Panchayat had also submitted the application for renewal of authorisation and the same is under process.
8. No municipal solid waste was found dumped in the lake area.
9. The Public Works Department has already carried out the strengthening of the tank bund and repairs to the weir and reconstruction of the sluice of the Guduvancherry Lake at cost of rupees 24.00 lakh under Kudimaramath scheme in the year 2017-2018
10. The PWD has carried out deepening of the Guduvancheri Lake at the cost of Rs. 23.0 lakh in the year 2018-2019 under long term flood mitigation works.
11. No biomedical waste was found dumped in the lake area. Furthermore the educational institution such as M/s SRM Institute of Science and Technology (SRM Medical college & Research centre) located in the eastern side of the lake area at about 3 kms from the Guduvancheri lake has their own treatment system to handle the sewage and trade effluent generated from their activity, utilized within the premises for gardening and green belt development and to handle the solid waste generated under the provisions of Solid Waste Management Rules, 2016. Further the said institution has an agreement with common Bio Medical Waste Treatment and Disposal facility namely M/s G.J Multiclave India pvt. Ltd. for the treatment and disposal of bio medical waste generated fro m their health care facility
12. There are 1 primary health centre and 2 private hospitals catering the health care needs of the public in the said Panchayat area. All the said health care facilities have obtained consent under Water (P&CP) Act,1981 and Authorisation under Bio Medical Management Rules,2016
13. Maralaimalai Nagar municipality has provided Micro composting facilities at 5 places in their jurisdiction for composting the biodegradable waste of quantity 11.26T/day generated in 19 the municipality area. . The Maralaimalai Nagar municipality has obtained authorisation under Solid Waste Management Rules, 2016 vide proceedings dated 08.04.2019 valid up[to 31.03.2020 which was further extended to 30.09.2020. The Municipality has also submitted the application for renewal of authorisation and the same is under process.
14. The Maralaimalai Nagar municipality has provided sewage Treatment plant of capacity 2.2 MLD for treating the sewage generated from the municipality area.
15. It was noticed that no sewage was discharged into the Guduvancheri lake from Maralaimalai Nagar municipality.
16. It was reported by the Public Works Department that providing park in the tank premises is not technical and spatially viable with respect to most of the tanks, especially it is not possible for Gudvancheri tank. Necessary greening activities foreshore and the areas which will not affect the water resources development and maintaining the same will be carried out with the assistance from the Eco-societies or Non Government Organisation (NGO) for afforestation activities.
Recommendations Based on the above observation the Joint Committee submits the following recommendation before the Hon'ble National Green Tribunal (Southern Zone)
1. The Town Panchayat shall ensure 100% collection of solid waste being generated within its jurisdiction with proper segregation, door to door collection, processing and disposal by complying with the provisions of Solid Waste Management Rules, 2016
2. The Town panchayat shall not dump solid waste under any circumstances in the said area in question.
3. The Town Panchayat shall dispose the non degradable waste of 4.5 MT/day including plastic waste shall be sent to cement factories for co processing complying with the provisions of Solid Waste Management Rules, 2016.
4. The Town Panchayat will stop the flow of sullage into Guduvancheri Lake within period of 3 months.
5. The Guduvancheri Town Panchayat shall identify the violators who are discharging sullage into the storm water drain leading to the lake and so levy environmental compensation/fine on the violators under the provisions of Local Body Acts within a month's time.
6. The Public Works Department will evict the encroachments from the lake with the help of revenue officials within a period of 6 months."
14. It is seen from the report that there is no encroachment found in the lake and there is no illegal discharge of any sullage or other waste in the lake. It is also seen from the report that there were certain encroachments found on the southern and western side of 20 the lake for which P.W.D had submitted that they have framed long term and short term measures to remedy the same. It is also seen from the report that the Health Care Units which are situated are having their own mechanism of disposing the waste generated and none of the waste generated by them were being dumped or discharged into the water body. The local bodies are also having their own mechanism of disposing the waste generated and the garbage is not being dumped in the lake area. There are certain recommendations given by the Committee. One such recommendation was that the Town Panchayat will stop flow of sullage into the Guduvancheri Lake within a period of three months. Guduvancheri Town Panchayat was directed to identify the violators who are discharging sullage into the storm water drain leading to the lake and levy environmental compensation or fine on them under the provisions of the Local bodies Act within a month's time. P.W.D. was also directed to evict the encroachment from the lake with the help of the revenue officials within a period of six months.
15. Under these circumstances, we feel that the matter can be disposed of, accepting the report and recommendations of the committee and directing the authorities to implement the same and submit the compliance report periodically regarding the implementation of the recommendations.
16. So the application is disposed of as follows:
(i)The Guduvancheri Town Panchayat shall ensure 100% collection of solid waste being generated within its jurisdiction with proper segregation, door to door collection, processing and disposal by complying with the provisions of the Solid Waste Management Rules, 2016.
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(ii) Guduvancheri Town Panchayat shall not dump solid waste under any circumstances in the said area in question.
(iii) Guduvancheri Town Panchayat shall dispose of the non degradable waste of 4.5 MT/day including plastic waste as provided in the Rules and shall be sent to cement factories for co-processing complying with the provisions of the Solid Waste Management Rules, 2016.
(iv) Guduvancheri Town Panchayat shall stop the disposal of sullage into the Guduvancheri Lake within a period of 3 months.
(v) The Guduvancheri Town Panchayat shall identify the violators who are discharging sullage into the storm water drain leading to the lake and also levy environmental compensation /fine on the violators under the provisions of the Local Body Acts within a month's time.
(vi) The Public Works Department shall evict the encroachments from the lake with the help of revenue officials within a period of 6 months in accordance with law by following the procedure provided under the respective Acts under which they are proposed to evict the encroachers from the lake.
(vii) The Public Works Department while restoring the water body after encroachment, shall also consider the question of providing necessary green belt, create bio-diversity park if feasible as possible means to protect the lake against encroachment and illegal dumping of waste and the same must be reported while submitting the report before this Tribunal.
(viii) The Pollution Control Board as well as the District Collector are directed to monitor the implementation of the recommendation made by the committee in these local bodies and see that the recommendations are fully complied with. All the stakeholders viz., 22 the Maraimalai Nagar Municipality, Nandivaram Guduvancheri Town Panchayat as well as the Public Works Department are directed to submit their periodical compliance report as well as the report of the compliance of the recommendations including removal of encroachment as recommended by the Committee once in three months before this Tribunal till the entire recommendations are fully complied with.
(ix) The office is directed to place the report if any, received before this Bench immediately on receipt of the same for further directions to be issued in this regard.
(x) The Registry is directed to communicate this order to the District Collector, Chengalpet District, Tamil Nadu Pollution Control Board, Public Works Department (Water Resource Organisation), Maraimalainagar Municipality and Nandivaram Guduvancheri Town Panchayat by e-mail immediately so as to comply with the recommendations.
With the above directions and observations, the application is disposed of.
..................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Saibal Dasgupta) O.A. 82/2020-24.11. 2020-kkr 23