National Green Tribunal
Jawaharlal Shanmugam &Quot Ramaniyam- ... vs Tamil Nadu State Pollution Control ... on 23 March, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.7 to 10:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 299 of 2013 (SZ)
With
Original Application No. 164 of 2014(SZ)
With
Original Application No. 164 of 2015 (SZ)
With
Original Application No. 130 of 2016 (SZ)
IN THE MATTER OF:
Tribunal on its own motion on the
News item reported in The Hindu
Dt.25.10.2013 about beach at
Adyar Estuasry with trash, rubble
And
The Principal Secretary,
Environment & Forests,
Govt. Of Tamil Nadu, Chennai & ors.
... Respondent(s)
With
P. Edwin Wilson,
Purasaiwalkam, Chennai.
...Applicant(s)
Versus
The State of Tamil Nadu,
Rep. by its Chief Secretary,
Chennai & ors
...Respondent(s)
With
Page 1 of 32
Jawaharlal Shanmugam,
Thiruvanmiyur, Chennai.
...Applicant(s)
Versus
Tamil Nadu Pollution Control Board & ors.
...Respondent(s)
With
S. Muthumeena,
Egmore, Chennai ...Applicant(s)
Versus
The Secretary to the Government,
PWD, Secretariat, Chennai & Ors. ...Respondent(s)
Date of hearing: 23.03.2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
O.A. No.299/2013(SZ):
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1, R2 & R5.
Mr. S. Sai Sathya Jith for R4.
O.A. No.164/2014(SZ):
For Applicant(s): None.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R4, R6 & R7.
Mr. Meyyappan represented
Mrs. Me. Saraswathy for R8.
Mr. S. Sai Sathya Jith for R9.
Page 2 of 32
Mr. G. Janakiraman for R10.
Mr. D.S. Ekambaram through
Mrs. P. Jayalakshmi for R14.
Mr. D. Ramesh for R16.
O.A. No.164/2015(SZ):
For Applicant(s): None.
For Respondent(s): Mr. S. Sai Sathya Jith for R1.
Dr. D. Shanmuganathan for R2 & R6.
Mr. G. Janakiraman for R3.
Mr. D. Ramesh Kumar for R4.
O.A. No.130/2016(SZ):
For Applicant(s): None.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R3.
Mr. S. Sai Sathya Jith for R4 & R5.
ORDER
1. As per order dated 05.10.2021, this Tribunal had extracted the order passed on 09.03.2021 in Para (1) of the order and considered the report submitted by the Greater Chennai Corporation dated 02.09.2021, e-
filed on 23.09.2021 and extracted in Para (4) of the order and then, passed the following order:-
―5. In the meantime, we came across certain newspaper reports published in The Times of India, Times City, Chennai Edition dated 23.09.2021 under the caption ―With no officials to fear, residents let untreated sewage directly into water bodies - Buckingham Canal turns long sewer‖, The New Indian Express, Chennai Edition dated 08.07.2021 under the caption ―Acidic sewage on Cooum may erode pipes‖.
6. It is mentioned in the newspaper report that according to unofficial estimates, there are around 900 sewage outfalls to the Cooum that Page 3 of 32 are yet to be plugged. Other than leakages, there may be procedural violations in the implementation of the project. It is also mentioned in the newspaper report that for laying pipes on the river, No Objection Certificate (NOC) has not been obtained from the PWD, which is the land owning authority and this was in fact admitted by the Public Works Department officials, is the report says. Further, it is also mentioned in the newspaper report that Tamil Nadu Pollution Control Board officials were contacted, an official said that metro water had not approached them for Consent to Establish and Consent to Operate for the modular STPs, as is usually the procedure.
7. There is also another newspaper report in The New Indian Express, Chennai Edition dated 25.06.2021 under the caption ―Half the sewage from CMA goes uncollected - Around 242.73 MLD of raw sewage enters storm water drains, mixes with water bodies‖ and The Times of India, Chennai Edition dated 31.05.2021 under the caption ―Sewage being dumped into Buckingham Canal illegally‖ and they also published the photograph of the tanker lorry which is involved in that.
8. In spite of the fact that certain steps are being taken by the Government to rejuvenate the water bodies, simultaneously their attempts are being flouted by the violators which is going unpunished, giving encouragement for the violators to perpetrate the same continuously. When it was brought to the notice of the Pollution Control Board from the newspaper reports that the CMWSSB is establishing the modular STPs without getting necessary consent or permission, what is the nature of action taken by them to prevent the same is also not clear. They cannot shut their eyes about the violations brought to their notice. They are also expected to take proactive steps to prevent the violation being perpetrated by the official respondents. When the official respondents themselves are not following the rules, how can the Government agency expect the common people to follow the rules and face the penal consequences for not following the rules. The Government must be a model for these things.
9. The discharge of sewage by private tanker lorries is not a new issue, which is being considered by the Tribunal in several other matters as well connected with the same issue. In spite of that no effective mechanism has been evolved by the regulators to curb the same and prevent such activities being perpetrated by such persons with whom such onerous duty of collection and disposal of the sewage in a scientific manner is entrusted.
10. When this was pointed out, the learned counsel appearing for the Greater Chennai Corporation, CMWSSB, Public Works Department and Tamil Nadu Pollution Control Board submitted that they will come with a proper action taken report, if the violations were found to be genuine and also regarding the genuineness of the allegations made in the newspaper reports.
11. The above said officials are directed to file their independent reports regarding the allegations made in the newspaper reports mentioned Page 4 of 32 above and also the action taken to prevent such things being perpetrated or repeated in future.
12. The Chief Secretary is also directed to file a detailed progress report regarding the implementation of restoration and rejuvenation of the rivers namely, Cooum, Adayar River and Buckingham Canal as has been directed by the Tribunal when the matter has been disposed of. They are also directed to file a detailed action plan with time line within which the same can be completed, so that this Tribunal can give further directions in this regard and monitor the implementation of the scheme undertaken by them in an effective manner.
13. They are directed to file their respective reports to this Tribunal on or before 21.12.2021 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.
14. The Registry is directed to communicate this order along with the copy of the newspaper reports mentioned above to the Chief Secretary, State of Tamil Nadu, Principal Secretary of Environment, Additional Chief Secretary for Public Works Department, Additional Chief Secretary for Municipal Administration and Local Administration, Greater Chennai Corporation, Tamil Nadu Pollution Control Board, Chennai Metropolitan Water Supply and Sewerage Board, Chennai River Restoration Trust, District Collector, Chennai and the Commissioner of Police, Chennai by e-
mail immediately for their information and compliance of the direction.‖
2. The case was originally posted to 21.12.2021 for consideration of further compliance reports. Thereafter, all these cases have been adjourned from time to time by successive notifications and lastly, it was adjourned to today by notification dated 18.02.2022.
3. We have received the status report submitted by the Chennai River Restoration Trust signed by the Project Officer on 20.12.2021, e-filed on the same date which reads as follows:-
"STATUS OF RIVER RESTORATION PROJECTS IN
CHENNAI
We state that in the respect of the Original Application No. 299/2013, 164/2014, 164/2015 & 130/2016 the issue taken up for Page 5 of 32 consideration by Hon'ble National Green Tribunal (NGT) is the pollution of rivers Adyar, Cooum and Buckingham Canal in and around Chennai in the State of Tamil Nadu.
The Hon'ble NGT (SZ) in its Order dated 28.07.2015 directed the Chief Secretary to convene a meeting once in every two months. From thereon, the Chief Secretary have convened bi-monthly meeting to review the progress of the river restoration projects along with the line department and an Affidavit along with the Minutes of the Chief Secretary review meeting would be submitted by CRRT on behalf of the State of Tamil Nadu.
Later, the case was taken over by the Principal Bench, New Delhi and new Case (OA 556 to 559/2018) numbers were assigned. As per the Order dated 13.2.2019, the Committee headed by Chief Secretary to meet fortnightly for a period of next three months and thereafter on monthly basis to review the progress in the matter and quarterly report may be furnished to this Tribunal on the progress in the matter by email at [email protected]. Thereon, the Chief Secretary has been conducting monthly meeting and thus far filed Eleven Quarterly reports in Hon'ble NGT, Principal Bench, New Delhi through email in [email protected]. Last quarterly report was submitted in November, 2021 and the next quarterly report is due in February, 2022 Progress of Integrated Cooum River Eco-Restoration Project and Adyar River Restoration Project as on 30 November 2021.
Restoration of Chennai's major waterways is a top priority for the Government of Tamil Nadu and to this end, river restoration plans of both Cooum and Adyar rivers have been drawn up and are currently under implementation by various line departments such as Chennai Metropolitan Water Supply & Sewerage Board (CMWSSB), Greater Chennai Corporation, Water Resources Department (WRD), Directorate of Municipal Administration, Commissionerate of Town Panchayats and Department of Rural Development and Tamil Nadu Urban Habitat Development Board. Chennai Rivers Restoration Trust is entrusted with coordinating and monitoring the projects.
INTEGRATED COOUM RIVER ECO-RESTORATION
PROJECT
Page 6 of 32
Work on the sub-projects has been initiated by the concerned line departments and are under various stages of progress as detailed below:
1. Public Works Department (PWD)/Water Resources Department:
PWD / WRD is entrusted with the implementation of 9 sub- projects viz., desilting the river to enhance free flow of water during monsoon and, formation of baby canal to maintain minimum ecological flow during the non-monsoon season.
From Chainage 700 m to 9677 m and in northern arm desilting work is completed. In the stretch from Chainage 9677 m to 27336 m, desilting and formation of Baby canal have been completed.
Within the CRZ stretch i.e., from Cooum river mouth to Napier bridge (Ch.0 m - 700 m), for the continuous opening of river mouth and desilting of the river, Administrative Sanction for Rs. 42.00 Crores has been accorded vide G.O (Ms) No.76, Municipal Administration & Water Supply (MC-I) Department, dated 31.07.2020. For this work, CRZ Clearance has to be obtained by PWD/WRD. The State Coastal Zone Management Authority appraisal meeting was held on 08.11.2021 and the copy of the recommendations is awaited.
2. Greater Chennai Corporation (GCC):
GCC is entrusted with the implementation of 3 sub-projects. The work components consist of fencing for a length of 23.92 km on both the sides of the river, removal of 81,364 MT of construction and demolition waste and 23,527 MT of Municipal Solid waste alongside the river and installation of booms at 8 locations to collect the floating waste in the river. The status of the work progress is as follows:
i. Removal of Solid Waste:
The removal of accumulated Solid waste from the banks of the Cooum River is completed.
ii. Installation of Booms:
Trash boom systems have been deployed across the river at 8 locations viz., near C-in-C bridge, Periyar bridge, Choolaimedu, Metha Nagar, near Central Buckingham Canal, behind Madras Medical College, Quaid-e-Millath bridge and near Napier Bridge.
iii. Fencing:Page 7 of 32
Under this project, fencing work has been completed for a length of 16.72 km out of total length of 23.92 km and work is under progress in the remaining stretches.
3. Chennai Metropolitan Water Supply & Sewerage Board (CMWSSB):
CMWSSB is entrusted with the implementation of 15 sub-projects. The work components consists of 10 Interception & Diversion systems along the river and 3 Modular Sewage Treatment Plants (STPs) at Chetpet, College Road and Maduravoyal, one 10 MLD Sewage Teatment Plant at Langs Garden and one Under Ground Sewerage Scheme (UGSS) at Nerkundram. Work on the 14 sub-projects is in progress as detailed below:
i. Interceptor and Diversion pipelines:
• Package I (Chintadripet) - 100% works completed. • Package II (Chetpet) - 100% works completed. The outfalls will be plugged after commissioning of the STP.
•Package III (Nungambakkam) - 100% works completed. The outfalls will be plugged after commissioning of the STP.
• Package IV (Metha Nagar) - 99% of work completed. Work is under progress and the scheduled date of completion is 30.11.2021 •Package V (Anna Nagar) - 100% works completed and the systems have been commissioned •Package VI (Langs Garden Road) - 99% of work completed. Work is under progress and the scheduled date of completion is 30.11.2021.
• Package VII (South Cooum River Road) - 99% of work completed. Work is under progress and the scheduled date of completion is 30.11.2021.
• Package VIII (Aminjikarai) - 100% works completed. • Package IX (NSK Nagar) - Proposal Dropped.
• Package X (Anna Nagar) - 100% works completed and the systems have been commissioned ii. Modular STPs •For Modular STP (1.0 MLD) near College Road, Chetpet, Civil works are under progress and so far, 98% of work completed. The scheduled date of completion is 30.11.2021.Page 8 of 32
• For Modular STP (1.2 MLD) at Nungambakkam, Civil works are under progress and so far, 67% of work completed. The scheduled date of completion is 31.12.2021.
• For Modular STP (0.6 MLD) at Maduravoyal - Proposal dropped as the existing sewage pumping station, Mogappair east with decanting facility is located within few hundred meters distance.
•For the 10 MLD STP (TTUF) at Langs Garden - Civil works are under progress and so far, 38% of work completed. The scheduled date of completion is 16.05.2022.
iii. Under Ground Sewerage System (UGSS):
• For UGSS Nerkundram, Pipe laying and construction of Sewage Pumping Station works are in progress. 38% of work completed and the remaining works are under progress. It is scheduled to be completed by 30.06.2022.
4. Directorate of Municipal Administration (DMA):
DMA is entrusted with the implementation of 2 sub-projects. The work components consist of removal of 1,648 MT of solid waste along the river side in Thiruverkadu Municipality and fencing for a length of 10.78 km.
•Accumulated solid waste along the banks of the river has been removed within Thiruverkadu Municipality limits.
• Fencing have been completed for a length of 6.7 km within Thiruverkadu Municipality. Further DMA has informed that in the encroached stretch for a length of 1.06 km will be taken up after the relocation of slum habitations (i.e. Shanmuga Nagar and Perumal Koil Street) as the case is pending in Hon'ble Madras High Court.
5. Directorate of Rural Development and Panchayat Raj (DRD):
DRD is entrusted with the implementation of 7 sub-projects. The work components consist of removal of 4582 cubic metre of solid waste alongside the river, fencing for a length of 3.3 km in 3 village panchayats (Seneerkuppam, Adayalampattu and Vanagaram) and plantation at Vanagaram.
• The accumulated solid waste have been removed from the banks of the Cooum river within the DRD areas viz., Senneerkuppam, Adayalampattu and Vanagaram Village Panchayats.Page 9 of 32
• Fencing works have been completed in all 3 Village Panchayats viz., Vanagaram, Adayalampattu & Senneerkuppam.
6. Tamil Nadu Urban Habitat Development Board (TNUHDB) Tamil Nadu Urban Habitat Development Board (TNUHDB) is entrusted with the Resettlement & Rehabilitation (R&R) of 14,257 identified Project Affected Families (PAFs).
• So far, TNSCB has allotted 12,407 tenements. To resettle the remaining 1850 PAFs, 879 tenements are ready for allotment now and remaining 971 tenements will be ready by December, 2021.
ADYAR RIVER RESTORATION PROJECT FROM ORIGIN TO MOUTH Work on various sub-projects of the Adyar River Restoration Project were initiated by all the line departments in 2018 and are under various stages of progress.
1. Public Works Department (PWD) /Water Resources Department (WRD) PWD/WRD is entrusted with the implementation of 7 sub-projects
- desilting and widening the river for 16.18 km; construction of flood protection walls for 1.76 km and river mouth opening and its maintenance. The work progress is detailed below:
• For the package 1, i.e., from River mouth to Thiru. Vi. Ka Bridge, PWD has to get CRZ Clearance. The proposal was placed in the 257th EAC meeting held on 05.03.2021, MoEF&CC. The proposal has been deferred and requested to come back after completing the study undertaken by NIOT for sustainable river mouth opening (Package 7).
• NIOT has submitted the interim report and it is forwarded to Expert Appraisal Committee through TNPCB for obtaining CRZ Clearance.
• For package 2, i.e., from Thiru. Vi. Ka. bridge to Kotturpuram bridge (2,353 m) - desilting work is completed.
• For package 3, i.e., from Kotturpuram bridge to Saidapet road bridge (2,892) - , desilting work is completed.
• For package 4, i.e., from Saidapet road bridge to Jafferkhanpet road bridge (flood protection wall for a length of 650 m and desilting for a length of 2,498 m) - Works are completed.Page 10 of 32
• For package 5, i.e., from Jafferkhanpet Road bridge to Manapakkam Check dam (desilting for a length of 3,334 m and flood protection wall for a length of 500 m) - Works are completed.
• For package 6, i.e., from Thiruneermalai to Outer Ring Road (desilting for a length of 3,000 m and flood protection wall for a length of 406 m) - Works are completed.
• For package 7 (maintenance of river mouth for 4 consecutive years), NIOT has taken up the multi-seasonal study and the final report is expected to be completed by December, 2021.
2. Greater Chennai Corporation (GCC) GCC is entrusted with the implementation of 19 sub-projects. The work components consist of boat jetties at 2 locations, fencing for a length of 24.67 km on both the sides of the river, solid waste removal alongside the river, levelling and compacting the solid waste at dumpsite, booms to collect the floating waste in the river, beautification of bridges and plantations alongside the river course.
• Under this project, out of a total 24.67 km, fencing work is in progress for 13.11 km. The expected date of completion is December, 2021.
• Under Solid waste removal works, 12,936 MT out of 67,490 MT have been cleared from the river banks. Right now reconnaissance is being carried out to remove the accumulated solid waste from the banks of Adyar river.
• For the trash boom systems which are to be installed at 3 suitable locations across the Adyar River, viz., Kotturpuram Bridge, Maraimalai Adigalar Bridge & Jafferkhanpet Causeway. Two locations viz., Jafferkhanpet Causeway and near Maraimalai Adigalar Bridge has been completed and in other one location work is under progress. The work is expected to be completed by 31.01.2022.
• Regarding the work on beautification of bridges, works have been completed on all the three bridges being maintained by GCC (South Buckingham Canal Bridge near Kotturpuram Railway Station, Thiru. Vi. Ka Bridge and Alandur Bridge) and on one bridge being maintained by State Highways Department i.e., Maraimalai Adigalar Bridge (Saidapet Bridge). All the bridge beautification works have been completed.
Page 11 of 32• Regarding the Plantation works along the river stretch from Thiru-vi-ka Bridge to Kotturpuram bridge, LOI has been issued on 22.11.2021.
• For the Park near Kotturpuram, 38% of work is completed and the balance work is expected to be completed by 31.12.2021.
3. Chennai Metropolitan Water Supply & Sewerage Board (CMWSSB) CMWSSB is entrusted with Interception and Diversion pipelines & Modular STPs and the status of works is as follows:
i. Interceptor and Diversion Pipelines:
• Package I - Adyar & Kotturpuram - So far 84% work completed and the scheduled date of completion is 31.01.2022.
• Package III - Nandanam Extension, Turn Bulls Road & Radhakrishnapuram Slum - So far 95% work completed and the scheduled date of completion is 31.12.2021.
• Package IV - Mambalam Canal - So far 44% work completed and the scheduled date of completion is 31.01.2022.
• Package V - Guindy & Ekkattuthangal - So far 93% work completed and the scheduled date of completion is 31.12.2021.
• Package VI - Samiyar Thottam, Jafferkhanpet & MGR Drain - So far 74% work completed and the scheduled date of completion is 31.12.2021.
ii. Modular STP:
• Package VIII - So far 35% work completed and the scheduled date of completion is 09.06.2022.
• Package X - So far 46% work completed and the scheduled date of completion is 04.05.2022.
• Package - XI - Work order issued on 09.09.2021.
• Package - XV - Tender bids opened on 12.10.2021 and it is under evaluation.
4. Directorate of Municipal Administration (DMA) DMA is entrusted with the implementation of sub-projects viz., solid waste removal alongside the river; fencing for a length of 3.54 km; community toilet at 1 location and plantation alongside the river.
Page 12 of 32• Under solid waste removal, 522 MT of garbage have been removed and the work is completed.
• The construction of community toilet in Anakaputhur Municipality is completed and opened to public.
• In Anakaputhur Municipality, under Phase 1, out of a total length of 1.52 km, fencing completed for a length of 0.635 km and work is in progress for a length of 0.885 km. The ongoing work is expected to be completed by December, 2021.
• Under Phase II for a length of 1.72 km, fencing will be taken up after the removal of encroachments (4 slums, 676 PAFs - case pending before Hon'ble High Court).
• In Pammal Municipality, out of a total length of 0.3 km, PWD has constructed flood protection wall for the entire length of 0.3 km and hence fencing is not required.
• Regarding UGSS for Anakaputhur and Pammal Municipalities - Collection system work is under progress. Thus far, 6% of works have been completed.
• Plantation in Anakaputhur Municipality - Site assessment completed and available area is 5510 Sq. m between the river bund and the fencing. Tender floated and work order issued on 26.11.2021.
5. Commissionerate of Town Panchayats (CTP) CTP is entrusted with solid waste removal alongside the river, fencing for a length of around 14 km, and plantation alongside the river.
• In Kundrathur Town Panchayat, under phase I, fencing work is completed for a length of 1.20 km. Under phase II, for the fencing work 1.39 km, WRD has proposed river widening work in this river stretch as per the instruction of District Collector, Kancheepuram. Hence, the proposal of fencing in this stretch is kept on hold.
• In Thiruneermalai Town Panchayat, under phase I, out of 2.382 km, work completed for 2.086 km and work in progress for 0.296 km. Under phase II, out of 0.70 km, flood protection wall has been constructed by WRD for 0.50 km and for 0.20 km and bridge with abatement and retaining wall (both sides) has been constructed along the river by Highways department. Hence, the proposal of fencing in this stretch is to be dropped. Under phase III, out of 0.539 km, WRD has informed that, Adyar river widening work is Page 13 of 32 proposed in this particular river stretch. Hence, the work is not taken up in this stretch.
• In Perungalathur Town Panchayat, under phase I, out of 5.132 km, work completed for 2.711 km and work in progress for 2.421 km. Under phase II, out of 1.00 km, encroachments have to be removed for 1.00 km and work will be taken up after resettlement and rehabilitation. 36 families residing in this stretch have filed a writ petition in Hon'ble Madras High Court. Under phase III, out of 1.256 km, encroachments have to be removed for 1.256 km and work will be taken up after resettlement and rehabilitation. RDO inspection completed and sketches have been submitted to District Collector. Relocation process will be initiated and in mean time work front created for 0.231 km and pile works are under progress.
• Solid waste removal - Work is completed • Plantation - Work order issued on 06.09.2021 for Thiruneermalai and Perungalathur Town Panchayats. For Kundrathur Town Panchayat, tendering is under process.
6. Directorate of Rural Development and Panchayat Raj (DRD) DRD has been entrusted with the implementation of 4 sub-projects
- solid waste removal alongside the river; fencing for a length of 35.1 km, community toilet and plantation along the river bank.
• Under solid waste removal, 8275 MT of accumulated solid waste along the river banks has been fully removed.
• In Kancheepuram District, fencing work is proposed for a length of 21.019 km. Out of this, fencing is fully completed for a length of 13.310 km and work is in various stages of completion for a length of 5.224 km. Scheduled date of completion is February, 2022. For the additional proposal in Kundrathur block for a length of 2.923 km, work order issued on 18.06.2021 and survey work is in progress.
• In Chengalpattu District, fencing work is proposed for a length of 11.07 km. Out of this, fencing is fully completed for a length of 5.43 km and work is in various stages of completion for a length of 5.64 km. Scheduled date of completion is February, 2022. For the additional proposal of 630 m fencing work in St. Thomas Mount block, work is in progress for a length of 630 m and expected to be completed by February 2022.
7. Tamil Nadu Urban Habitat Development Board (TNUHDB):
Page 14 of 32• Out of a total 9,539 Project Affected Families (PAFs) identified on the banks of the Adyar River, so far, 4,462 PAFs have been resettled and remaining 5,077 PAFs have to be resettled. In order to resettle the remaining PAFs, 80 allotment orders have been issued out of which 64 PAFs have been relocated in February, 2021. 250 tenements at (Moolakothalam & Vyasarpadi - TT Block), 770 tenements at (Kargil Nagar), 200 tenements at (Gowthamapuram) will be ready before December, 2021 and from other schemes (Perumbakkam) 1,152 by March 2021, 1,196 by June 2022, 216 by July 2022, 1,277 by December, 2022.
Way Forward Restoration of Buckingham Canal & its associated drains and waterways that drains into Cooum & Adyar Rivers The Government have accorded Administrative Sanction of Rs.1,281.88 cr. for the Restoration of Buckingham Canal & its Drains and Cooum & Adyar Drains vide G.O (D) No. 419, Municipal Administration & Water Supply (MA&WS) Department, dated: 03.12.2020. The steps undertaken to take the project forward is as follows:
i) Preparatory works have been taken up by concerned implementing agencies i.e. WRD and GCC for 26 drains (WRD-11 & GCC-
15) which are identified as ready for implementation.
ii) Cost Estimates are under preparation for the drains which are ready for implementation by concerned implementing agencies.
iii) Implementing agencies (i.e. WRD & GCC) have sent communication to Revenue Department for joint survey of boundary and obtaining maps & FMB sketches of these waterways are underway.
iv) Regarding the Joint survey and boundary demarcation of Buckingham Canal and all major drains, Joint survey team has been formed by District Administration and Survey has been completed for Buckingham Canal. Survey is under progress for associated drains.
v) Joint survey of Project Affected Families (PAFs) within the Right of Way / boundary of these waterways will be carried out by WRD and GCC in coordination with Revenue Department and Tamil Nadu Urban Habitat Development Board.
Mitigation of Sewage Outfalls in Adyar & Cooum Drains and Buckingham Canal and its Drains Page 15 of 32 The Government has accorded Administrative Sanction for a total project cost of Rs.2,371 crore for sanitation projects in Buckingham Canal and its drains, Cooum Drains and Adyar Drains. Under Phase-I, sanction was accorded for Rs.1001 crore vide G.O. (Ms) No.107, MA&WS (MW1) Department, dated: 20.08.2019.
The Managing Director, CMWSSB has presented the status of various works taken up under this project. He informed that, out of Rs.1001 cr. Notice Inviting Tender (NIT) has been called for 52 works (Rs.755.41cr.); work order has been issued for 36 works (Rs.364.83 cr.) and work commenced for 26 works (Rs.286.92 cr.), 3 works are completed and work to be commenced for 10 works.
In compliance with the directions of the Hon'ble National Green Tribunal (NGT), Principal Bench, New Delhi vide Order dated 13.02.2019, the Chief Secretary will continue to conduct monthly meetings to review the progress of the river restoration works and to ensure that Chennai's waterways are restored, in keeping with the stated commitment of the Government of Tamil Nadu.‖
4. We have also received an additional status report submitted by the Superintending Engineer, Storm Water Drain Department, Greater Chennai Corporation dated 20.12.2021, e-filed on 04.01.2022 which reads as follows:-
"ADDITIONAL STATUS REPORT SUBMITTED ON BEHALF OF THE GREATER CHENNAI CORPORATION I S.P.Balasubramanian SA) Subbiah, Hindu aged about 58 years, having office at Greater Chennai Corporation, Ripon Buildings, Chennai -- 600 003, do hereby solemnly affirm and sincerely state as follows:Page 16 of 32
2. I am the Superintending Engineer, Storm Water Drain Department of Greater Chennai Corporation and I am well acquainted with the facts of the case from the records and as such I am filling this status report on behalf of the respondent.
3. I respectfully submit that, 14257 project affected families have been identified as encroached along the banks of Cooum river. So far 12149 slum families encroached along the banks of Cooum river have been resettled in TNSCB tenements.
Action is being taken for shifting of the balance slum families to TNSCB tenements. Further it is submitted that action is being taken for shifting of the slum families at Spurtank road. The resettlement of the encroached families will be completed in the financial year 2023-2024.
4. I respectfully submit that, under the CRRT project of Eco restoration of Cooum river, Trash booms have been provided at 8 locations across Cooum river for intercepting and collecting the Hyacinth and other floating materials from entering the sea and are removed periodically using poclaein and Lorries and so far around 30000 Mt Hyacinth and floating materials have been removed from this 8 locations.
5. I respectfully submit that, under the CRRT project of Eco restoration of Cooum river, 1,00,485 MT. of debris and garbage dumped along the banks of Cooum river has been removed at a cost of Rs.6.25 Crore. under the CRRT project of Eco restoration of Cooum river, Construction of Compound wall (Boundary fencing of the Cooum river) along the banks of the Cooum river have been taken up for a length of 23.92 Km for preventing any further encroachments and for preventing dumping of Garbage and solid wastes
6. I respectfully submit that, so far 14.90 Km length compound wall has been completed and works are in progress for a length of 1.82 Km and the expected date of completion is by March 2022. The balance length was taken up simultaneously while removing the encroachment.
7. I respectfully submit that, under the CRRT project of Eco restoration of Adyar river, Construction of Compound wall, Boundary fencing of the Adyar river have been taken up for a length of 24.67 Km for preventing encroachments and preventing dumping of Garbage and solid wastes and so far 13.11 Km length compound wall has been completed and works are in progress for a length of 11.56 Km and the expected date of completion is by March 2022.
8. I respectfully submit that, under the CRRT project of Eco restoration of Adyar river, Trash booms have been proposed at 3 locations across Adyar river for intercepting and Page 17 of 32 collecting the Hyacinth and other floating materials from entering the sea and will be removed periodically using poclaein and Lorries.
9. I respectfully submit that, under the CRRT project of Eco restoration of Adyar river, 9351 MT. of debris and garbage dumped along the banks of Adyar river has been removed at a cost of Rs.0.66 Crore.
10. I respectfully submit that, 9539 project affected families have been identified as encroached along the banks of Adyar river. So far 4462 slum families encroached along the banks of Adyar river have been resettled in TNSCB tenements. Action is being taken for shifting of the balance slum families to TNSCB tenements.
11. I respectfully submit that, Special Equipments such as Amphibian and Robotic Excavators purchased by GCC are periodically deployed for removing Hyacinth and floating materials in Cooum river, Adyar river and in Otteri nullah.
12. I respectfully submit that, CRRT has obtained G.O. for improvements of Buckinghalm Canal and Counting drain and chain grating Cooum river and Ambattur river as per the DPR Greater Chennai Corporation is taking necessary action for the improvement work to be carried out on the Buckinghalm Canal and drain's connecting Adyar river and Cooum River.
13. 1 respectfully submit that; through regular cleaning work and periodical special drive, garbage accumulated in the bunds are cleared from the banks of Adyar river and Cooum River.
14. I respectfully submit that, as per Solid Waste Management Bye Laws 2019 Greater Chennai Corporation has fixed the fine charges for illegal dumping of garbage in water bodies as Rs.500 and illegal dumping of construction and demolition waste in water bodies as Rs.2,000/- (upto 1 Tone) and as Rs.5,000/- (for more than 1 Tone). Based on the above, a circular has been sent to all Zones.
15. I respectfully submit that, Penalties for violation of Bye-laws shall be levied in accordance with the Solid Waste Management Bye-laws 2019, and it is implemented in all Zones. Fines are being levied on those who dump garbage and construction and demolition waste illegally on the water courses and water bodies.
16. I respectfully submit that, so for fine amount have been collected for amount of Rs.23,97,900/- (Rupees Twenty Three Lakhs Ninety Seven Thousand only) for illegal of dumping of garbages and for Rs. 19,59,0001-( Rupees Nineteen Lakhs Fifty Nine Thousand only) for illegal dumping of debris Page 18 of 32
17. I respectfully submit that, in co-ordination with CMWSSB, the illegal sewage outfalls will be identified and action will be taken for any illegal sewage and fine will be imposed against the offenders as per the law, Dated at Chennai this the 20th Day of December 2021‖
5. We have also received the report submitted by the Superintending Engineer, CMWSSB dated 15.02.2022, e-filed on 17.02.2022 which reads as follows:-
"INDEPENDENT REPORT FILED ON BEHALF OF CMWSS BOARD I. P Ashok Kumar Son of Thiru. V. Ponnuvel Hindu aged about 59 years working as Superintending Engineer (Project) VI of Chennai Metropolitan Water Supply and Sewerage Board having office at 2nd floor, Urban Administratrve Building, MRC Nagar, Chennai 600 028 do hereby solemnly affirm and sincerely state as follows:
1. I am the Superintending Engineer (P) VI of the Chennai Metropolitan Water Supply and Sewerage Board and as such I am well acquainted with the facts and circumstances of the case.
2 I am filing this status report on behalf of the Managing Director, Chennai Metropolitan water Supply and Sewerage Board, Chennai- 28, as per the orders issued by the Hon'ble National Green Tr.ibunal, Chennai on 05.10.2021.
3. I respectfully submit that, with regard to the news article published in Times of India, Times city, chennai edition dated: 23.09.2a21 under the caption "with no officials to fear, residents let untreated sewage directly into water bodies - Buckingham canal turn into long sewer", the regions mentioned in the article were Navalur, Thalambur and Kelambakkam, which are coming under the purview of the Rural Development and Panchayat Raj Department. A letter has been sent to RD & PR dept by CMWSSB for taking necessary action to plug sewage outfalls in these regions.Page 19 of 32
4. I respectfully submit that, regarding the disposal of sewage by tanker lorries, the Draft Regulations and Operative Guidelines are under final review of GoTN and on approval, Guidelines will be issued.
5. I respectfully submit that, for laying of pipes in the river or along the bund of river courses, joint inspections were made with PWD officials and CMWSS Board has been instructed to carry out works based on the Bund Height and levels fixed by the Public Works Department. It is asserted that the works are being carried out in coordination with PWD officials.
6. I respectfully hereby submit the status of works carried out by Chennai Metropolitan Water Supply and Sewerage Board for the mitigation of sewage outfalls into River Cooum, River Adyar and Buckingham canal within Chennai city. The progress of works are detailed below.Page 20 of 32 Page 21 of 32 Page 22 of 32
On completion of the above works, 37 nos of Sewage Outfalls into River Cooum will be plugged by CMWSSB. CMWSSB has taken up the Under Ground Sewerage Scheme to Nerkundram through which the outfalls from Nerkundram will be arrested on providing Sewerage Connections to households. This scheme wiii be completed in 2023. 'Consent to Establish (CTE) ' was obtained from TNPCB for Modular STPS at chetpet and Nungambakkam on 09.09.2021 and for TTUF at Langs Garden on 24.08.2021. The r.aw sewage collected will be treated in the Modular STPs and will be let out into water bodies as per TNPCB norms.
Apart from the above outfalls, a Joint committee comprising of officials from CMWSSB, PWD, GCC, DTP, cMA and CRRT, inspected the outfalls into River cooum from Paruthipattu to its mouth and identified 81 nos of additional outfalls carrying sewage, of which, 20 nos of Outfalls are outside Chennai city The outfalts outside city limit has to be taken care by respective Municipalities and Town panchayats.
CMWSSB, for the identified 61 nos of additional outfalls within Chennai city, is in the process of preparing interception and Diversion proposals to the nearest collection system / Sewage Pumping stations as a short term measure and permanent Infrastructure Strengthening as long term measures. The DPRs will be prepared in phased manner. On completion of DPRs, subject will be placed before the Board for necessary approval.
Adyar River Restoration Project from Origin to Mouth:
CRRT Board has approved 56 sub projects of short term plan at a cost of Rs.555.46 Crores to be implemented by various implementing agency / line department under Phase-III of Adyar River restoration origin to mouth for plugging of sewage outfalls into Adyar River. Out of 56 sub projects, 14 sub projects are to be implemented by CMWSS Board and the administrative sanction has already been accorded vide MA&WS (MC 1) Department GO(MS) No.72 dated 12.A7.2A17 to a value of Rs. 123.19 Crores.
Of the original 14 sub projects (7 nos of interception and Diversion works and 7 nos of Modular Sewage Treatment Plant works) prepared for the mitigation of sewage outfalls within Chennai city into River Adyar, CMWSSB has taken up 9 works, of which 6 nos of interception and Page 23 of 32 Diversion works and 2 nos of Modular STP works are under execution along River Adyar. For one no. of interception and Diversion work al Nandambakkam, tenders received and under evaluation. Further, 1 no of Modular STP undertaken by CMWSSB for Kundrathur Town Panchayat, for which tender is under evaluation. The progress of ongoing works is detailed below:Page 24 of 32
On completion of the above works, CMWSSB will be plugging 39 nos of Sewage Outfalls into River Adyar within Chennai city. Package 7 and 15 for which tender received and under evaluation.
CMWSSB has completed the Under Ground Sewerage Schemes for Porur. The collected sewage from Porur has to be discharged into the terminal pumping station of Ramapuram SPS. At present, CMWSSB is executing the Under Ground Sewerage Schemes to Manapakkam, Ramapuram and Mugalivakkam and works are under progress. On completion of these UGS schemes, CMWSSB will be providing Sewer Connections to all households of these area, in order to prevent the unauthorized letting out of Sewage into River Adyar.
Mitigation of Sewage Outfalls in Drains of Adyar, Drains of Cooum and Buckingham Canal and its Drains:Page 25 of 32
Administrative Sanction has been accorded by the Government vide G'O (Ms) No 107 MA&WS (MW1) Dept. dt: 20.08.2019. Till date, work order has been issued for 6 nos of I&D works and 30 nos of infrastructure Strengthening works amounting to Rs 364 80 crores and works are under progress. On completion of 36 works, 19 numbers of outfalls will be plugged under the ongoing Mitigation of sewage outfalls - Phase I works' As CMWSSB has already completed the comprehensive under Ground sewerage schemes to Thiruvottiyur, Madhavaram, Puthagaram, Kathiruvedu, Kathivakkam, Sholinganallur, Perungudi, Surapet, Karapakkarn, Ullagaram Puzhuthivakkam and have commenced the UGS Scheme for Ramapuram, Manapakkam, Nerkundram, Pallikaranai and Mugalivakkam, the outfalls into drains in these areas will be mitigated on providing Sewerage Connections to households.
Moreover, due to non removal of encroachments along Buckingham canal by PWD and TNUHDB, CMWSSB is not in a position to take up the interception and Diversion proposals along B-Canal and also due to site constraints for proposals for drains of River Cooum and Adyar Hence, CMWSSB is in process of preparing alternate proposals.
The action taken by CMWSS Board for the mitigation of sewage outfalls for prevention of pollution of River Adyar, River Cooum and Buckingham canal and the status of the ongoing uro5ks is hereby submitted before the Hon'ble Green Tribunal for consideration.‖
6. It is seen from the report submitted by the CMWSSB that they dropped Package - 9, due to obstruction by encroachments and non-
settlement of Court cases and the establishment of Modular STP as Package - 13 in Maduravoyal was also dropped. But they have not given the reason as to why the Modular STP Package has been Page 26 of 32 dropped and what is the alternate method provided for that purpose.
Similarly, as regards the establishment of STPs as Package - 9 is concerned, they have not mentioned as to what is the nature of alternative arrangements made for diverting the sewage water without discharging the same into the Cooum River.
7. When this was pointed out, the learned counsel appearing for the CMWSSB submitted that they will come with a further report in this regard.
8. The report submitted by the Chennai River Restoration Trust also shows that though certain works have been done and certain work will have to be completed by December - 2021 and 31.01.2022, what is the present stage of those works has not been mentioned. As regards the Modular STPs are concerned, they have mentioned that Package VIII - 35% work completed, Package X - 46% work completed, Package XI - Work order was issued on 09.09.2021 and Package XV - Tender bids were opened on 12.10.2021 and it is under evaluation.
9. The report submitted by the Chennai River Restoration Trust does not correlate with the report submitted by the CMWSSB in this regard. As regards the removal of encroachment is concerned, still there lot of encroachments will have to be removed. Even if the Court cases are Page 27 of 32 pending and any stay has been obtained, it is for the authorities to approach the Hon'ble High Court and apprise the Hon'ble High Court about the obstruction of the work due to pendency of the cases, that too filed by the trespassers (encroachers).
10. Unless, the entire encroachments were removed and holistic steps are taken for the purpose of remediating the issue of pollution caused to the water bodies, it cannot be said that the purpose of protecting the water bodies will be completed. Moreover, a perusal of the activities reveals that the focus of the River Eco-restoration projects being implemented is primarily on Preventing/controlling both point and non-point sources especially sewage pollution and river surface pollution De-siltation and removal of solid waste and construction debris Mechanisms to maintain minimal ecological flow during the non-monsoonal periods Flood protection mechanisms Encroachment removal and construction of fencing the boundaries.
Page 28 of 3211. No doubt the above interventions are very essential to improve the water quality, ensure free flow of water and protection of the rivers but in an eco-restoration project the emphasis ought to have been on restoration of the river ecosystems holistically. It is not known whether the CRRT headed by the Chief Secretary is also focussing on Management of the flood plains through planning regulations, fixing the buffer zones etc, Protection and management of both natural wetlands such as Pallikarnai wetland and man-made water bodies and their feeder channels.
Whether the tree plantation initiatives aim at restoration of the riparian vegetation and restoration of original biodiversity of the respective rivers.
Whether riparian vegetation is contemplated in the urban areas also especially GCC area.
Treatment of the catchment areas of the rivers Bio-remediation of the legacy waste in areas in close proximity to the river to prevent leachates and surface run- off into the rivers Page 29 of 32
12. Even the report submitted by the CMWSSB also did not mention that the timeline within which the remaining work will be completed, except evasively stating that they will be able to complete the work at the earliest possible time.
13. The State Pollution Control Board is also directed to check whether on account of the work done by the Greater Chennai Corporation and CMWSSB, is there any improvement in the water quality of the water bodies namely, Cooum River, Adayar River and Buckingham Canal.
14. The Chief Secretary to Government, State of Tamil Nadu is also expected to come with a further report regarding the steps taken by them for removal of encroachments completely, without which the work done by the other departments to protect the water bodies will not be completed or give any expected results.
15. The Chief Secretary to Government is directed to review and furnish an updated status report on ongoing components of the project and also furnish details of action taken on the following issues
(i) Management of flood plains through planning regulations and fixation of buffer zones Page 30 of 32
(ii) Protection and management of both natural wetlands such as Pallikarnai wetland and man-made water bodies and their feeder channels.
(iii) Restoration of riparian vegetation in rural and urban areas and restoration of original biodiversity.
(iv) Catchment area treatment
(v) Bio-remediation of the legacy waste in areas in close proximity to the river.
16. The Chief Secretary to Government, State of Tamil Nadu and the Project Officer - Chennai River Restoration Trust, Greater Chennai Corporation, CMWSSB, Tamil Nadu Pollution Control Board and the Water Resources Department are directed to file their further progress
-cum- compliance report for improvement of these water bodies and protection of the same, as expected by this Tribunal.
17. They are directed to submit their respective reports to this Tribunal on or before 26.05.2022 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.
Page 31 of 3218. The Registry is directed to communicate this order to the official respondents, Greater Chennai Corporation, Water Resources Department, Tamil Nadu Pollution Control Board, CMWSSB, Chennai River Restoration Trust and also to the Additional Chief Secretary for Municipal Administration and Water Supply, Additional Chief Secretary for Environment, Forests & Climate Change and the Chief Secretary to Government, State of Tamil Nadu by e-mail immediately for their information and compliance of directions.
19. For consideration of further reports, post on 26.05.2022.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.299/2013 (SZ) O.A. No.164/2014 (SZ) O.A. No.164/2015 (SZ) O.A. No.130/2016 (SZ) 23rd March 2022. Mn.
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