National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Govt. Of ... on 17 December, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.02:
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".
...Applicant(s)
Versus
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
1
Chennai, Tamil Nadu 600 032.
6) The District Collector,
Chengalpet District,
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.
...Respondent(s)
Date of hearing: 17.12.2020.
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): Sri. Dr. V.R. Thirunarayanan for R1 to R4, R6, R8.
Sri. C. Kasirajan through
M/s. Meena for R5.
Sri. P. Srinivas represented
Sri. N.K. Ponraj for R7.
2
ORDER
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 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 Nagalleni pammal discharged into the canal.) alleging that on account of the illegal discharge of untreated effluents from the leather factory in Nagalkeni, Pammal Chennai which flows into Adyar River has been polluted. They have published a photograph which shows the pathetic condition of the water being discharged into the Adyar River near Thiruneermalai.
2. On going through the allegations in the newspaper report, we are satisfied that there arises a substantial question of environment which requires the interference of this Tribunal for resolving the same. So, the matter is admitted.
3. When the matter came up for hearing for admission today through Video Conference, Sri. Dr. V.R. Thirunarayanan represented respondents 1 to 4, 6, Sri. C. Kasirajan through M/s. Meena represented 5th respondent and Sri. P. Srinivas represented Sri. N.K. Ponraj 7th respondent. So, service is 3 complete.
4. There is a duty cast on the State Government, its departments and its regulators and the local bodies to protect environment and avoid the water bodies being polluted as there is a constitutional mandate giving them a responsibility to protect the environment as contemplated under Article 48 (A) of Constitution of India as Right to Clean Environment is a part of life as enshrined under Article 21 of the Constitution of India. This is being reiterated by the Hon'ble Apex Court as well as this Tribunal in several matters of similar nature. In spite of that, these things are recurring, which shows that the regulators are not rising to the expectation of the people in discharging their duties provided under the respective environmental laws.
5. In order to ascertain the genuineness of the allegations made in the newspaper report, we feel it appropriate to appoint a Joint Committee comprising (1) The District Collector, Chengalpet 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 4 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.
6. The committee is directed to inspect the tanneries and other industries in that area and ascertain as to whether they are having the necessary pollution control mechanism and whether they are discharging untreated sewage into the drain which ultimately reaches the Adyar River causing pollution and whether there are effluent treatment systems provided in the industries, if any, and whether they are meeting the norms by collecting the effluent at the inlet and outlet level so as to ascertain the water quality which reaches the Adyar river at canal mouth which opens to the Adyar River.
7. They are also directed to ascertain whether the Effluent Treatment Plant (ETP) if any provided by the industries are operating in an effective manner, confirming the norms provided by the regulating authorities.
8. The committee is also directed to collect the water samples at the mouth of the Adyar River, where the alleged canal meets 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.
5
9. If the committee finds any of the industries violating the pollution norms and are responsible for the unauthorised discharge, then take action against them including imposition of environmental compensation and take steps to recover the same apart from taking other statutory activities in accordance with law and incorporate the nature of action taken in the report.
10. The Commissioner, Pammal Municipality will be the nodal agency for co-ordination and also for providing necessary logistics for this purpose.
11. The committee is also directed to submit the report to this Tribunal on or before 29.01.2021 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.
12. The Registry is directed to communicate this order to the members of the committee as well as to the official respondents immediately through e-mail along with the copy of the paper report and the gist of the Suo Motu proceeding with full cause title so as to enable them to comply with the direction and for filing their independent response to the allegations made in the application and filing the report as directed by this Tribunal. 6
13. For appearance of parties and submitting their independent responses and also for consideration of report, post on 29.01.2021.
....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.261/2020 17th December, 2020. Sr. 7