National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Government ... on 27 September, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.05 Court No: 1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 17 of 2020 (SZ)
With
Original Application No. 128 of 2020 (SZ)
(through video conference)
IN THE MATTER OF:
Tribunal on its own motion Suo Motu based on
The News item in The New Indian Express, Chennai edition
dt: 23.01.2020. "City Lakes filled with
Sewage and Garbage".
And
1. The District Collector,
Chengalpattu,
District Collectorate Office,
Chengalpattu - 603 001,
Tamil Nadu, India.
2. The Chairman,
Tamil Nadu Pollution Control Board,
Anna Salai, Guindy,
Chennai- 600 032, Tamil Nadu.
3. The District Environmental Engineer,
Tamil Nadu Pollution Control Board,
Maraimalai Adigalar Street,
Next to Municipal Office,
Maraimalai Nagar, Chengalpattu District,
Tamil Nadu - 603 209.
4. The Secretary,
Medavakkam Village Panchayat,
No. 11/209, Medavakkam Main Road,
Medavakkam, Chennai
Tamil Nadu - 600 100.
5. The Secretary,
Vengaivasal Village Panchayat,
No. 10/285, Anjaneyar Koil Street,
Vengaivasal, Chennai,
Chengalpattu District,
Tamil Nadu - 600 073.
6. Directorate of Rural Development &
Panchayat Raj Department,
Rep. by its Director,
Panagal Building, Chennai 600 015.
7. The Block Development Officer,
St. Thomas Mount Panchayat Union,
No. 20, Chitlapakkam Main Road,
Kamaraj Colony, Nehru Nagar,
Chitlapakkam,
Chennai - 600 064.
(R6 & R7 Suo MOtu impleaded as per order of
Tribunal dated: 15.09.2021 in O.A. No. 17 of 2020 (SZ) ...Respondent(s)
With
Original Application No. 128 of 2020 (SZ)
Tribunal on its own motion SUO MOTU
Based on the News Item in Tamil Newspaper
Dinamalar Chennai Edition dated 20.07.2020,
"Will the encroachment of
Medavakkam lake be removed fairly?"
And
1. The Principal Secretary to Government,
Public Works Department,
Govt. Secretariat, Fort St. George,
Chennai - 600 009.
2. The Additional Chief Secretary to Govt. of Tamil Nadu,
Revenue and Disaster Management Department,
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009.
3. The Secretary to Govt. of Tamil Nadu,
Department of Environment,
Govt. Secretariate, Fort St. George,
Chennai, Tamil Nadu - 600 009.
4. The Additional Chief Secretary to Govt. of Tamil Nadu,
Municipal Administration and Water Supply Department,
Govt. 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,
Chengalpattu District,
Collector Office, GST Road,
Chengalpattu - 603 001.
7. Greater Chennai Corporation,
Rep. by its Commissioner,
Ripon Building, Chennai- 600 003.
(R7 deleted as per order of the Hon'ble
Tribunal dt: 26.10.2021.
8. St. Thomas Mount Panchayat Union,
Rep. by its Block Development Officer,
20, Chitlapakkam Main Road,
Kamaraj Colony, Nehru Nagar,
Chitalpakkam, Chennai - 600 064.
(R8 Suo - Motu impleaded as per order of
Tribunal dt: 26.10.2021 in O.A. No. 128 of 2021 (SZ) ...Respondent(s)
Date of Judgment: 27.09.2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
O.A. No. 17 of 2020 (SZ)
For Applicant(s): Suo Motu by Court
For Respondent(s): Dr. D. Shanmuganathan for R1, R4, R5 to R7
Mr. S. Sai Sathya Jith for R2 & R3
O.A. No. 128 of 2020 (SZ)
For Applicant(s): Suo Motu by Court
For Respondent(s): Dr. D. Shanmuganathan for R1 to R4, R6 & R8
Mr. S. Sai Sathya Jith for R5
JUDGMENT
O.A. No. 17 of 2020 (SZ)
1. was The above case was Suo Motu registered by this Tribunal on the basis of the Newspaper report published in "The New Indian Express", Chennai Edition dated: 23.01.2020 authored by M/s Madumitha Viswanath under the caption "City Lakes filled with Sewage and Garbage" An express leg work reveals storm water drain do not serve the original purpose any more. Drains were directly carrying sewage into lakes."
2. It was seen from the newspaper report that Sitheri, Chinna Eri and Periya Eri Lake in Medavakkam area were acting as water bodies to cater the needs of drinking water purpose of the people of the locality for long time. During summer it used to be dried and taking advantage of the same, the people as well as authorities were treating this as a dumping ground for garbage and discharging untreated sewage water. For the last ten years, there was no maintenance done and on account of encroachments, the extent of the water body had been reduced.
3. Further it was also mentioned in the newspaper report that no attempt was made by the authorities to disilt the lake during summer, so as to increase the water holding capacity and also to act as a rain water harvesting system water recharge unit during rainy season. The storm water drain was being converted in to sewage water drain and the untreated sewage water was being discharged in the water body polluting the lake. The people were also using this area for dumping garbage there by, affecting the purity of the water body. Though, it was brought to the notice of the authorities, no action was taken by the authorities in this regard.
4. Having satisfied with the allegations made in the newspaper report and also satisfied that there arose a substantial question of environment which required the interference of this Tribunal, this Tribunal admitted the matter and appointed a Joint Committee comprising of in O.A. No. 17 of 2020 (SZ) (1) District Collector Chengalpattu District, (2) a Senior Officer from Tamil Nadu Pollution Control Board as designated by its Chairman, (3) Secretary, Medavakkam Village Panchayat, (4) Secretary Vengaivasal Village Panchayat and (5) the Lake Protection Authority if any constituted by the State Government in this regard to inspect the area in question and take appropriate action to remove the garbage and prevent untreated discharge of sewage in to the water body and submit a factual as well as action taken report if there was any violation found.
5. The committee was also directed (a) to trace out the violators and take action against those persons including initiating prosecution and imposing of environmental compensation etc. (b) to mention in the report regarding the action plan if any, prepared by the local bodies for maintaining and restoring the water bodies in their area and what was its stage of implementation (c) to mention about the quality of water by conducting water analysis including Bio Chemical Oxygen Demand (BOD) Chemical Oxygen Demand (COD), Potential of Hydrogen (PH), Total coli form(TC) and Faecal Coli form (FC) and presence of harmful heavy metals and the remediation method to be adopted to purify the same at least for improving the quality for bathing level for the time being.
6. The District Collector, Chengalpattu District was designated as the nodal officer for coordination and also for providing necessary logistic for this purpose.
7. The matter has been adjourned from time at the request of the official respondents, on the ground that due to pandemic situation prevailing at that time inspection could not be conducted and report could not be filed as directed.
8. The matter was considered on 22.02.2021 and on that day, this Tribunal had considered the report submitted by the Joint Committee dated nil, received on 22.02.2021 and extracted in Para (3) of the order which reads as follows:-
INSPECTION REPORT OF THE JOINT COMMITTEE CONSTITUTED BY THE HON'BLE NATIONAL GREEN TRIBUNAL (SOUTHERN ZONE) IN RESPECT OF O.A NO. 17 OF 2020 (SZ) SUOMOTU ON THE BASIS OF THE NEWS PAPER REPORT PUBLISHED IN "THE NEW INDIAN EXPRESS" CHENNAI EDITION DATED 23.01.2020 AUTHORED BY M/S. MADUMITHA VISWANATH UNDER THE CAPTION "CITY LAKES FILED WITH SEWAGE AND GARBAGE"
2. COMPLIANCE OF THE DIRECTION In due compliance of the orders of the Hon'ble National Green Tribunal, water samples were collected by the officials of Tamil Nadu Pollution Control Board along with Revenue Divisional Officer, Tambaram and Block Development Officer, St.Thomas Mount Panchayat Union (Medavakkam and Vengaivasal Panchayat) from the Medavakkam Periya Eir, Medavakkam Chinna Eri and Medavakkam Sitheri Lakes situated in Medavakkam and Vengaivasal Eri in Vengaivasal on 12/09/2020.
Collection of water sample to ascertain the quality of water in the Medavakkam Periya Eir, Medavakkam Chinna Eri and Medavakkam Sitheri Lakes situated in Medavakkam Statement showing the value of the Physico chemical parameters analyzed Parameters Units Point of Collection TNPCB Standards Sl. Medavak Medavakkam Medavakka (Inland N kam Chinna Eri m Sitheri Surface o Periya Lake Lake Water) Eri Lake 1 pH @ 25oC No. 8.84 6.84 6.98 5.5-9 2 Total Suspended mg/L 4 124 150 100 Solids @ 105oC 3 Total Dissolved mg/L 275 698 773 2100 Solids @ 180oC 4 BOD @ 27oC mg/L 4 23 23 30 5 COD mg/L 24 200 240 250 6 Copper as Cu mg/L <0.033 <0.033 <0.033 3 7 Zinc as Zn mg/L <0.01 <0.01 <0.01 1 8 Cadmium as Cd mg/L <0.013 <0.013 <0.013 2 9 Lead as Pb mg/L <0.07 <0.07 <0.07 0.1 10 Nickel as Ni mg/L <0.05 <0.05 <0.05 3 11 Total Chromium mg/L <0.01 <0.01 <0.01 2 Cr 12 Hexavalent mg/L <0.01 <0.01 <0.01 0.1 Chromium Cr+6 13 D.O mg/L 5.5 Nil Nil 5mg/l and above Statement showing the value of the Bacteriological parameters analyzed Sl. Parame Units Point of Collection Primary N ters Water Medavakka Medavakka Medavakka o Quality m Periya m Chinna m Sitheri Criteria for Eri Lake Eri Lake Lake Bathing Waters prescribed by Central Pollution Control Board 1 Total MPN/100 16000 390 2200 500 or less.
Colifor ml
m
2 Faecal MPN/100 1700 68 470 500
Colifor ml (desirable)
m 2500
(Maximum
Permissible)
Collection of water sample to ascertain the quality of water in the VengaivasalEri situated in Vengaivasal Statement showing the value of the Physico chemical parameters analysed Parameters Uni Point of Collection TNPCB Sl. ts Standards No (Inland Surface Water) Vengaivasal Eri 1 pH @ 25 C o No. 8.42 5.5-9 2 Total Suspended mg/L 79 100 Solids @ 105oC 3 Total Dissolved mg/L 629 2100 Solids @ 180oC 4 BOD @ 27oC mg/L 25 30 5 COD mg/L 240 250 6 Copper as Cu mg/L <0.033 3 7 Zinc as Zn mg/L <0.01 1 8 Cadmium as Cd mg/L <0.013 2 9 Lead as Pb mg/L <0.07 0.1 10 Nickel as Ni mg/L <0.05 3 11 Total Chromium mg/L <0.01 2 Cr 12 Hexavalent mg/L <0.01 0.1 Chromium Cr+6 13 D.O mg/L 7 5mg/l and above Statement showing the value of the Bacteriological parameters analysed Sl. Paramete Units Point of Collection Primary Water N rs QualityCriteria for Vengaivasal Eri o Bathing Waters prescribed byCentral Pollution Control Board 1 Total MPN/100 16000 500 or less.
Coliform ml
2 Faecal MPN/100 3500 500 (desirable) 2500
Coliform ml (Maximum Permissible)
The Report of analysis of the water samples collected from the said water body reveals that the Physico chemical parameters analyzed satisfy the Inland surface water standards prescribed by the Board.
Furthermore water sample collected from the Medavakkam Periya Eir, Medavakkam Chinna Eri, Medavakkam Sitheri and Vengaivasal Eri analysed for Bacteriological parameter reveals Total Coliform in Medavakkam Periya Eir, Medavakkam Sitheri Lake and vengaivasal Eri and Faecal Coliform in Medavakkam Periya Eir and in Vengaivasal Eri exceeds the Primary Water Quality Criteria for Bathing Waters prescribed by Central Pollution Control Board.
3. REPORT FROM THE BLOCK DEVELOPMENT OFFICER, ST. THOMAS MOUNT PANCHAYAT UNION (MEDAVAKKAM AND VENGAIVASAL VILLAGE PANCHAYAT) In due compliance of the said Hon'ble National Green Tribunal direction, the Block Development Officer, St. Thomas Mount Panchayat Union (Medavakkam & Vengaivasal Village Panchayat) furnishes the following detailed report:
MEDAVAKKAM VILLAGE PANCHAYAT:
1. Total Area of the Medavakkam Panchayat : 12.00 Sq Km
2. Total Population of the Panchayat : 75000
3. Total Household of the Panchayat : 18000
4. No of Wards: 12 Nos
5. Generation of total Solid Waste in the panchayat: 20.00 MT/day (Biodegradable waste - 10 MT and Non Biodegradable waste - 10 MT)
6. Collection Mechanism: 13 E-Cart Tricycles, 9 Tractors and with 42 sanitary Workers.
7. Location of the Solid waste dumping yard: Medavakkam - Survey No 416/2 (12.916887, 80.195076)
8. Quantity of Legacy Waste at dumping Yard: 300.00 MT SOLID WASTE MANAGEMENT Generation of total Solid Waste in the village panchayat area: 20.00 MT/day (Biodegradable waste - 10 MT and Non Biodegradable waste - 10 MT) Present status of collection and disposal of solid waste:
Presently the waste collected from the Village Panchayat area is being collected from dustbins located in the streets by Panchayatsanitary workers using 13 E-Cart Tricycles, 9 Tractors and with 42 sanitary workers and dumped in the dump yard at S.F.No. 416/2 of Medavakkam Village which is owned by Medavakkam Village Panchayat Construction of Micro composting centre in the said site is in progress. and same will be expected to be completed and commissioned within one month Proposals
1. 100% collection of solid waste being generated within its jurisdiction with proper segregation, door to door collection will be carried out by complying with the provisions of the Solid Waste Management Rules 2016 within a month time.
2. Micro composting centre will be completed and commissioned within one month to compost the segregated Biodegradable wastes of 10 MT/day and non degradable waste of 10 MT/day including plastic waste will be collected and will be disposed through recycling facilities/through co processing in thecement factories.
SEWAGE GENERATION AND SEWERAGE SYSTEM:
Present method of collection and mode of disposal of sewage:
The households and commercial establishments in the above said village panchayat area have their own individual septic tank and soak pit arrangements for the treatment and disposal of the sewage. However certain households/ commercial establishments dispose the sewage/sullagethrough storm water drains which reach the said water bodies. Action Plan for Sewage Management The Village panchayat has proposed to identify vulnerable locations and proposed to provide decentralized community soak pit arrangements within three month time. VENGAIVASAL VILLAGE PANCHAYAT:
1. Total Area of the Vengaivasal Village Panchayat : 538.86Ha
2. Total Population of the Panchayat : 29465
3. Total Household of the Panchayat : 8161
4. No of Wards: 12 Nos
5. Generation of total Solid Waste in the panchayat: 12.00 MT/day (Biodegradable waste - 6 MT and Non Biodegradablewaste -6 MT)
6. Collection Mechanism: 5 E-Cart, 15 Tricycles and with 32 sanitary Workers.
SOLID WASTE MANAGEMENT Generation of total Solid Waste in the Village Panchayat: 12 MT/day(Biodegradable waste -6 MT and Non Biodegradable waste - 6 MT) Present status of collection and disposal of solid waste:
Presently the waste collected from the Village Panchayat area is being collected from dustbins located in the streets by the Panchayat sanitary workers using 5 E-Cart, 15 Tricycles and with 32 sanitary workers and the same is transportedand dumped in the dump site located at Medavakkam Village. Establishment of Micro composting center is nearing completion for handling the segregated biodegradable waste.
Proposals
1. 100% collection of solid waste being generated within its jurisdiction with proper segregation, door to door collection will be carried out by complying with the provisions of the Solid Waste Management Rules 2016 within a month time.
2. Micro composting centre will be completed and commissioned within one month to compost the segregated Biodegradable wastes of 10 MT/day and non degradable waste of 10 MT/day including plastic waste will be collected and will be disposed through recycling facilities/through co processing in thecement factories.
SEWAGE GENERATION AND SEWERAGE SYSTEM:
Present method of collection and mode of disposal of sewage:
The households and commercial establishments in the above said village panchayat area have their own individual septic tank and soak pit arrangements for the treatment and disposal of the sewage. However certain households/ commercial establishments dispose the sewage/sullage through storm water drains which reach the water bodies. Action Plan for Sewage Management The Village panchayat has proposed to identify vulnerable locations and proposed to provide decentralized community soak pit arrangements within three month time.
REPORT OF THE PUBLIC WORKS DEPARTMENT:
Medavakkam Periya Eri:
Medavakkam tank is located at SF. No.261 of Medavakkam Village, Tamabaram Taluk of Chengalpet District which has the capacity to store 10 MCFT water to feed intended original ayacut of 80.57 Ha with a catchment of 0.68 sq miles. The water spread area of the tank is 58.32 Ha. As per the enumeration during the year 2009 by the revenue department, it was found 204 encroachments in the Tank bund and water spread area.
Vengaivasal Tank:
Vengaivasal tank is located at SF. No.95 of Vengaivasal Village, Tamabaram Taluk ofChengalpet District which has the capacity to store 12.46 MCFT water to feed intended original ayacut of 78.28 Ha with a catchment of 0.92 sq miles. The water spread area of the tank is 41.2 Ha. As per the enumeration during the year 2009 by the revenue department, it was found 142 encroachments in the Tank bund and water spread area.
There are plans for rehabilitation and restoration of all tanks including Medavakkam tank & Vengaivasal Tank in the overall Kovalam basin (comes under Chengalpattu and Chennai District) under Comprehensive Flood Mitigation Project with an amount of Rs.2000 crore which also involves creating biodiversity parks/ tree-planting around the banks of the water body protecting the lake against the future encroachment. Detailed Project Report has been sent to Government and after approval from the World Bank, the said project scheme will be executed and the repairs/renewal of shutters and all other component works to rehabilitate the Medavakkam tank & Vengaivasal Tank will be taken up including eviction of any encroachment in the survey to be made.
Medavakkam Chinna Eri & Medavakkam Sitheri:
It is respectfully submitted that the Public Works Department/ Water Resources Department, has submitted that the said Medavakkam Chinna Eri & Medavakkam Sitheri, located at Medavakkam Village are being controlled and monitored by the Block Development Office of St. Thomas Mount.
4. JOINT INSPECTION OF THE COMMITTEE The members of the joint committee have carried out the inspection in the area in question on 12.09.2020.
5. OBSERVATIONS BY THE COMMITTEE During the time of inspection, the committee observed the following Medavakkam Periya Eri:-
1. Medavakkam Periya Eri is located at Survey No.261 of Medavakkam Village, Tambaram Taluk, Chengalpattu District.
2. Medavakkam Periya Eri is a PWD Tank. It has lost its irrigation potential long back due to agglomeration of Chennai City and its suburb over the period of time. Now, the tank serves mostly as a natural aquifer.
3. It is bounded by residences of Vadakkupattu Village in the Eastern and Northen side, Medavakkam- Madipakkam road & Nanmangalam Reserved Forest in the Western side and residences of Bell Nagar in the Sourthen side.
4. Medavakkam Periya Eri has a water spread area in an extent of 58.32 hectares and storage capacity of 10 MCFT.
5. Medavakkam Periya Eri is receiving water from its own catchment area. The overflow of this tank leads to Pallikaranai Lake and finally joins Pallikaranai Marsh land.
6. There is no dumping of solid waste but noticed disposal of sewage from the Medavakkam Village Panchayat area.
7. Encroachments in the form of residences and commercial shops in the Western, Northern and southern side of the said water body.
Medavakkam Chinna Eri:-
1. Medavakkam Chinna Eri is located at Survey No.174 of Medavakkam Village, Tambaram Taluk, Chengalpattu District.
2. Medavakkam Chinna Eri is a Panchayat Union Tank. It has lost its irrigation potential long back due to agglomeration of Chennai City and its suburb over the period of time. Now, the water body serves mostly as a natural aquifer.
3. It is bounded by Pallikarani Eri in the Northern side, residences in the Southern side, Medavakkam-Pallikaranai road in the Eastern side and residences in the Western side.
4. Medavakkam Chinna Eri has a water spread area in an extent of 5.13.5 hectares.
5. Medavakkam Chinna Eri is receiving water from the Medavakkam Periya Eri. The overflow of this tank leads to Pallikaranai Lake and finally joins Pallikaranai Marsh land.
6. The sewage generated from the Medavakkam Village Panchayat area pollutes the water body. Water hyacinth were found fully occupying the entire area and there is no dumping of solid waste in the water body.
7. Encroachments were found in the form of residences and commercial shops in the Eastern side of the said water body.
Medavakkam Sitheri:-
1. Medavakkam Sitheri is located at Survey No.380 of Medavakkam Village, Tambaram Taluk, Chengalpattu District.
2. Medavakkam Sitheri is a Panchayat Union Tank. It has lost its irrigation potential long back due to agglomeration of Chennai City and its suburb over the period of time. Now, the water body serves mostly as a natural aquifer.
3. Medavakkam Sitheri has a water spread area in an extent of 14.05 hectares.
4. Medavakkam Sitheri is receiving water from its own catchment area. The overflow of this tank leads to Perumbakkam Lake through road side drain and agricultural land.
5. There is no dumping of solid waste, but noticed discharge of sewage from the near by residential areas of Ranganathapuram and Vijayanagaram of Medavakkam Village Panchayat.
6. Encroachments were found in the form of residences in the East and Western side of the said water body.
Vengaivasal Eri:-
1. Vengaivasal Eri is located at Survey No. 95 of Vengaivasal Village, Tamabaram Taluk, Chengalpattu District.
2. Vengaivasal Eri is a PWD Tank which has the capacity to store 12.46 MCFT water to feed intended original ayacut of 78.28 Ha with a catchment of 0.92 sq miles. The water spread area of the tank is 41.2 Ha.
3. As per the enumeration during the year 2009 by the revenue department, it was found 142 encroachments in the Tank bund and water spread area.
4. It is bounded by residences in three sides the agricultural lands in the Easternside.
5. Vengaivasal Eri is receiving water from the surplus water course ofRajakilpakkam Eri and the overflow of this tank leads to Perumbakkam Lake.
6. There is no dumping of solid waste, but noticed discharge of sewage from theresidential areas of Vengaivasal Village Panchayat.
7. Encroachments in the form of residences and commercial shops in the Southand Western side of the said water body.
Medavakkam Village Panchayat:-
1. Medavakkam Village Panchayat is carrying out the establishment of Micro Composting Center(MCC) about 90% of the work is completed and it was ascertained from the Village Panchayat that the MCC will be completed and commissioned within one month.
2. The households and commercial establishments in the village panchayat area have their own individual septic tank and soak pit arrangements for the treatment and disposal of the sewage. However certain households/ commercial establishments in the village panchayat area dispose the sewage/sullage through storm water drains which reach nearby water bodies.
Medavakkam Village Panchayat MCC Medavakkam Village Panchayat MCC Medavakkam Village Panchayat dump Medavakkam Village Panchayat MCC site Vengaivasal Village Panchayat:-
1. Vengaivasal Village Panchayat is carrying out the establishment of Micro Composting Center(MCC) about 70% of the work is completed and it was ascertained from the Village Panchayat that the MCC will be completed and commissioned within one month.
2. The households and commercial establishments in the village panchayat area have their own individual septic tank and soak pit arrangements for the treatment and disposal of the sewage.
6. RECOMMENDATIONS:
Based on the above observation, the joint committee submits the following recommendation before the Hon'ble National Green Tribunal (Southern Zone)
01. Medavakkam Village Panchayat and Vengaivasal Village 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 within six months time.
02. The said Village Panchayats shall not dump solid waste under any circumstances in the said area in question i.e. at Medavakkam Periya Eri, Chinna Eri, Sitheri and Vengaivasal Eri.
03. The said Village Panchayats shall complete and commission the Micro composting centre within three months within the village panchayat areas to compost the segregated Biodegradable wastes and to take steps to dispose the non degradable waste including plastic waste to the recycling facility complying with the provisions of the Solid Waste Management Rules, 2016.
04. Medavakkam Village Panchayat shall take steps to carry out Bio-Mining of the legacy waste dumped in the Survey No 416/2 of Medavakkam Village within six months.
05. The said Village panchayats shall identify and provide decentralized community soak pit arrangement at vulnerable locations within three months time to prevent the discharge of sewage/sullage into water bodies.
06. The said Village panchayats shall levy fine on the violators found dumping solid waste and disposing sewage into the water bodies under Local body Acts.
07. The said Village panchayats shall create awareness among the public with the help of associations in the local body area for proper segregation of solid waste.
08. The PWD with the help of Revenue Authorities shall make fresh survey to identify the exact number of encroachment in the Medavakkam Periya Eri and Vengaivasal Eri and to evict them within six months.
09. Medavakkam Village Panchayat with the help of Revenue Authorities shall make fresh survey to identify the exact number of encroachment in the Medavakkam Chinna Eri and Medavakkam Sitheri and to evict them within six months.
Secretary, Secretary District Revenue District Medavakkam Vengaivasal Environmental Divisional Collector, Village Village Engineer, Officer, Chengalpattu Panchayat Panchayat Tamil Nadu Tambaram, District Pollution Control Chengalpattu Board, Maraimalai District.
Nagar
9. This Tribunal also considered the report submitted by the Tamil Nadu Pollution Control Board dated 19.02.2021, received on 22.02.2021 and extracted in Para (4) of the order which reads as follows:-
REPORT FILED ON BEHALF OF THE RESPONDNETTAMIL NADU POLLUTION CONTROL BOARD.
It is respectfully submitted that in due compliance of the orders of the Hon'ble National Green Tribunal, water samples were collected by the officials of Tamil Nadu Pollution Control Board along with Revenue Divisional Officer, Tambaram and Block Development Officer, St.Thomas Mount Panchayat Union (Medavakkam and Vengaivasal Panchayat) from the Medavakkam Periya Eri, Medavakkam Chinna Eri and Medavakkam Sitheri Lakes situated in Medavakkam and Vengaivasal Eriin Vengaivasal on 12/09/2020. Collection of water sample to ascertain the quality of water in the Medavakkam Periya Eir, Medavakkam Chinna Eri and Medavakkam Sitheri Lakes situated at Medavakkam Village Statement showing the value of the Physico chemical parameters analyzed:
Parameters Units Point of Collection TNPCB
Standards
Sl. Medavak Medavakkam Medavakka (Inland
N kam Chinna Eri m Sitheri Surface
o Periya Eri Lake Lake Water)
Lake
1 pH @ 25oC No. 8.84 6.84 6.98 5.5-9
2 Total Suspended mg/L 4 124 150 100
Solids @ 105oC
3 Total Dissolved mg/L 275 698 773 2100
Solids @ 180oC
4 BOD @ 27oC mg/L 4 23 23 30
5 COD mg/L 24 200 240 250
6 Copper as Cu mg/L <0.033 <0.033 <0.033 3
7 Zinc as Zn mg/L <0.01 <0.01 <0.01 1
8 Cadmium as Cd mg/L <0.013 <0.013 <0.013 2
9 Lead as Pb mg/L <0.07 <0.07 <0.07 0.1
10 Nickel as Ni mg/L <0.05 <0.05 <0.05 3
11 Total Chromium mg/L <0.01 <0.01 <0.01 2
Cr
12 Hexavalent mg/L <0.01 <0.01 <0.01 0.1
Chromium Cr+6
13 D.O mg/L 5.5 Nil Nil 5mg/l and
above
Statement showing the value of the Bacteriological parametersanalyzed:
Sl. Parame Units Point of Collection Primary Water N ters Quality o Medavakka Medavakka Medavakka Criteria for m Periya Eri m Chinna Eri m Sitheri Bathing Lake Lake Lake Waters prescribed by Central Pollution Control Board 1 Total MPN/100 16000 390 2200 500 or less.
Colifor ml
m
2 Faecal MPN/100 1700 68 470 500
Colifor ml (desirable)
m 2500
(Maximum
Permissible)
Collection of water sample to ascertain the quality of water in theVengaivasal Eri situated in Vengaivasal Village Statement showing the value of the Physico chemical parametersanalysed Parameters Units Point of Collection TNPCB Standards Sl. (Inland N Surface o Water) Vengaivasal Eri 1 pH @ 25oC No. 8.42 5.5-9 2 Total Suspended mg/L 79 100 Solids @ 105oC 3 Total Dissolved mg/L 629 2100 Solids @ 180oC 4 BOD @ 27oC mg/L 25 30 5 COD mg/L 240 250 6 Copper as Cu mg/L <0.033 3 7 Zinc as Zn mg/L <0.01 1 8 Cadmium as Cd mg/L <0.013 2 9 Lead as Pb mg/L <0.07 0.1 10 Nickel as Ni mg/L <0.05 3 11 Total Chromium mg/L <0.01 2 Cr 12 Hexavalent mg/L <0.01 0.1 Chromium Cr+6 13 D.O mg/L 7 5mg/l and above Statement showing the value of the Bacteriological parameters analysed Sl. Paramete Units Point of Collection Primary Water Quality N rs Criteria for Bathing o Vengaivasal Eri Waters prescribed by Central Pollution Control Board 1 Total MPN/100 16000 500 or less.
Coliform ml
2 Faecal MPN/100 3500 500 (desirable) 2500
Coliform ml (Maximum Permissible)
It is respectfully submitted that the Report of analysis of the water samples collected from the said water bodies reveals that the Physico chemical parameters analysed satisfy the Inland surface water standards prescribed by the Board.
Furthermore water sample collected from the Medavakkam Periya Eir, Medavakkam Chinna Eri, Medavakkam Sitheri and Vengaivasal Eri analysed for Bacteriological parameter reveals Total Coliform in Medavakkam Periya Eir, Medavakkam Sitheri Lake and Vengaivasal Eri and Faecal Coliform in Medavakkam Periya Eir and in Vengaivasal Eri exceeds the Primary Water Quality Criteria for Bathing Waters prescribed by Central Pollution Control Board.
10. Thereafter, this Tribunal had passed the following order:-
"5. It is seen from the Joint Committee Report that there are certain latches on the part of the Village Panchayat regarding implementation of the Solid Waste Management Rules, 2016 in their respective areas. Legacy waste is being dumped in the dump yard without treatment. Certain time line has been given for the purpose of implementation of the Solid Waste Management Rules, 2016 in their respective areas. The report of the Public Works Department shows that there were encroachments and they were identified even in the year 2009. But it is not mentioned in the report as to what is the action taken by them to remove the encroachments and restore the area to its original position. Whenever it was found that water bodieswere encroached, they are expected to remove the encroachments and restore the water body to its original position as has been directed by the Hon'ble Apex Court as well as High Courts in several decisions.
6. So under such circumstances, we feel that direction can be given to the Village Panchayat and the regulators who are expected to take action on the basis of the findings of the Joint Committee to implement the recommendations and restore the water body to its original position and submit their respective action taken reports on the basis of which this application can be disposed of by giving appropriate direction.
7. When this was pointed out, the learned counsel appearing for the State respondents as well as Pollution Control Board submitted that they will file independent report regarding the action to be taken on the basis of the recommendations made by the Committee regarding the implementation of the Solid Waste Management Rules, 2016 in the respective Panchayats and also regarding the action to be taken for the removal of encroachments and restore the water body to its original position and steps to protect the water body from further encroachment.
8. Considering the circumstances, we feel that some more time can be given to the individual respondents to file their independent response regarding the action to be taken by them. The Pollution Control Board is also directed to file an independent report regarding the implementation of the Solid Waste Management Rules, 2016 in the respective Panchayats enumerated in the report and also the compliance of the directions issued by the Principal Bench in O.A.No.606 of 2018 and if it is not complied with what is the nature of action taken by them against those village panchayats for non compliance of the directions of the Principal Bench before the next hearing date by e- filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopiesto be produced as per Rules.".
11. The matter was taken up on 15.09.2021 and on that day, this Tribunal had considered the report submitted by the Tamil Nadu Pollution Control Board signed by the officer on 14.09.2021, e-filed on the same date and extracted in Para (2) of the order which reads as follows:-
151...XXX 16
12. Thereafter, this Tribunal had passed the following order:-
"3.It is seen from the report that Medavakkam panchayat as well Vengaivasal panchayat of St. Thomas Mount Panchayat Union are not complying the Solid Waste Management Rules, 2016 and certain proceedings have been initiated . The legacy waste lying in the dumpyard has not been processed as required under the Solid Waste Management Rules, 2016 as well.
4. Though notice was served on the 5th respondent, Vengaivasal Village Panchayat, there is no response from them. Considering the fact that village panchayat are under the supervision of Block Development Officer, St. Thomas Mount Panchayat Union, we feel that they will have to be impleaded as party/respondent to the proceedings, especially when Learned Counsel appearing for the Pollution Control Board submitted that a notice under section 5 of the Environment (Protection) Act was issued to the Block Development Officer, St. Thomas Mount Panchayat Union for non-compliance of the Solid Waste Management Rules, 2016 within their jurisdiction.
5. Further, we feel that it is necessary to implead Director, Rural Development and Panchayat Raj, Panagal Maligai, Saidapet as necessary party to the proceedings. So, the Director, Rural Development and Panchayat Raj, Panagal Maligai, Saidapet and Block Development Officer, St. Thomas Mount Panchayat Union are impleaded as additional respondents 6 and 7 respectively. So, Dr. D. Shanmuganathan appeared for the newly impleaded additional respondents as well.
6. The Registry is directed to carry out the amendment in the cause title and issue notice to the additional respondents 6 and 7 along with the newspaper report, gist of the suo motu proceedings and copy of the earlier orders by registered post and e-mail immediately.
7. The above officials are directed to file their independent response regarding the steps taken by them to implement the Solid Waste Management Rules, 2016 in these two panchayats which according to the Learned Counsel for the Pollution Control Board were not being complied with and it is being violated..
8. District Collector is also directed to file an independent report as the steps taken by him as required under Rule 12 of the Solid Waste Management Rules, 2016 to implement the Solid Waste Management Rules, 2016 within their jurisdiction, if there is any difficulty for the village panchayat in implementing the same, by providing necessary advice and technical or other support as required under the rules.O.A. No. 128 of 2020 (SZ)
13. In the mean time, this Tribunal registered the above Suo -Motu case on the basis of the newspaper published in Dinamalar Chennai 17 Edition dated 20.07.2020 under the caption ""Nklthf;fk; Vup Mf;fpukpg;G ghugl;rkpd;wp mfw;wg;gLkh?" Will the encroachment of Medavakkam Lake be removed without bias). It was alleged in the newspaper report that Medavakkam Big Lake was located in Sy. No.261 under the control of Public Works Department originally having an extent of 200 Acres, the lake water being used to irrigate agricultural lands in Medavakkam, Vadakkupattu, Vellakkal and Kovilambakkam and th e p u b l i c w e r e s a f e g u a r d i n g t h e l a k e e a r l i e r b y d e - s i l t i n g a n d strengthening the banks of the lake once in 12 years. When the development of the suburbs of Chennai began to increase, the size of the agricultura l lands declined an d the lake ha d been neglected, in spite of fact that it was acting as a rain water harvesting system to safe guard the ground water level in that area. Some years back, the North and South banks of this lake were broken b y the encroachers and sold th e lake lands. The e n c r o a c h m e n t o f lake as per Gover nment records were 145 acres and extent of the la ke had been reduced to 50 acres.
14. It was also mentioned in the report that a false fake survey no. was given as survey no. 261/7 and Patta was being issued to many people. The Government authorities were also issuing land tax receipt for the encroached lands to the encroache rs and using tha t Electr icity con nections had been obtained for the houses unauthorisedly c o n s t r u c t e d b y t h e encroachers. The local politicians had provided r o a d f a c i l i t y a n d d r i n k i n g w a t e r f a c il i t y i n o r d e r t o p le a s e t h e e n cr o a c h e rs . Ra tio n C a r d s we r e a ls o is s ue d to th e r e s id e n ts wh o had unauthorisedly put up constructions there. When huge water crises happened, due to the intervention of the loc al people and also the well- wishers of the locality, certain amounts had been spent for the purpose of cleaning the water bodies located in that area. The Public Works Department also told that Rs. 4 core were 18 allotted to reform the Medevakkaam Lake. But, no work had been started so far.
15. Ongoing through the allegations made in the newspaper report, this Tribunal by order dated 30.07.2020 admitted the matter and appointed a Joint Committee comprising of (1) The District Collector, Chengalpattu District or a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate designated by him and (2) The Commissioner or a Senior Officer designated by the Commissioner who is in charge of maintaining the lake in that area of Greater Chennai Corporation, (3) Superintending Engineer from Public Works Department and Water Resources Organisation, who is in charge of that area and (4) A Senior Officer from Tamil Nadu pollution Control Board as designated by its Chairman to inspect the lake in question and submit a factual as well as action taken report, if there was any violation found.
16. The committee was directed (a) to ascertain the total original extent of the lake as per the Revenue records and the extent of encroachment and the steps taken to remove the encroachment and (b) to ascertain as to whether there was a scheme launched by the State Government or the District administration to protect this water body and if so what was its stage of implementation, (c) to consider the question as to whether there was any illegal discharge of any untreated effluents or sewage into the water body and also to ascertain the quality of the water in the lake and if there was any contamination suggest the ways and means to remedy the same and (d) to trace out the encroachers and suggest the ways and means to remove such encroachment including the persons responsible to carry out the same and to prepare an action plan with short term and long term measures with shorter time lines to restore the water body including removal of encroachment and possibility of establishing bio-diversity park/tree- planting around the water body and other protective measures to be taken to protect the water body against future encroachments as well.
1917. The Public Works Department was designated as the nodal agency for co- ordination and also for providing all necessary logistics for this purpose.
18. The matter was adjourned for the purpose of enabling the committee to file the report.
19. When the matter was taken up on 15.06.2021, this Tribunal had received a communication dated 08.06.2021 supposed to have been sent from the Greater Chennai Corporation through its Superintending Engineer stating that Medavakkam Lake was outside the Greater Chennai Corporation limit and belong to Medavakkam Panchayat, Chengalpattu District and the letter had been addressed to the Superintending Engineer, Public Works Department in this regard. So the Greater Chennai Corporation was deleted from the party array
20. The matter was taken up on 29.03.2022 and on that day, this Tribunal had considered the another newspaper report published in the „Times of India, Time City, Chennai Edition, dated 07.03.2022, under the caption "Silt fills up parts of Sembakkam Lake" Why Sewage Not Plugged, Activists that the Sembakkam Lake receives around eight million litres per day (MLD) of sewage inflow from various southern suburbs localities such as Tambaram, Chrompet, Pallavaram and Medavakkam. It was seen from the report that Medavakkam Panchayat was also contributing discharge of sewage into the area apart from Tambaram, Chrompet and Pallavaram.
21. Another newspaper report was also considered by this Tribunal in Dinamalar, Chennai Edition dated 23.03.2022 under the caption, Fg;igapy; jpBu; jP tpgj;J Nklthf;fk; kf;fs; mtjp" It was alleged in the newspaper report that a fire incident occurred in Medavakkam waste facility centre where the waste collected from the Medavakkam Panchayat was being dumped. This had caused some panic in the minds of the people residing nearby. So this Tribunal had directed the Jointed Committee appointed in this case to look into the issue and submit a report 20 incorporating these aspects as well. The Tamil Nadu Pollution Control Board was directed to look into the issue and file a report regarding the aspects of discharge of untreated sewage into the water body, non- implementation of Solid Waste Management Rules, 2016 and non- implementation of the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 etc.,
22. The District Collector, Chengalpattu District was also directed to look into the issue independently and to file an independent action taken report as the Revenue head, they are also having a responsibility to remove the encroachments and protect the water bodies against pollution and encroachments and also having a responsibility to implement the Solid Waste Management Rules, 2016 within their jurisdiction as contemplated under Rule 12‟ of the Solid Waste Management Rule, 2016.
23. The Block Development Officer, Medavakkam Panchayat Union was also directed to file a report. This Tribunal had directed the Block Development Officer, St. Thomas Mount Panchayat Union and other official respondents to file their reports without fail.
24. As per order 30.05.2022 it was had brought to our notice regarding the pendency of O.A. No. 17 of 2020 (SZ) in respect of the same issue. So this Tribunal had directed O.A. No. 128 of 2020(SZ) also posted along with O.A. No. 17 of 2020 (SZ) and it was being considered together thereafter.
25. When the matter was taken up on 31.05.2022, This Tribunal had considered the report submitted by the Superintending Engineer, Water Resources Department dated 09.05.2022, e-field on the same date and extracted in Para (6) of the order which reads as follows:-
. I s tate that based on the news report dated 20 . 07 . 2020 in the Di namal ar daily under the caption , " Will the e n cro ac hm e nt s in Medavakkam lake be removed without bias?' this Hon' ble Tribunal, has suo motu taken up the case on the following observations made from the news report:
(i) ) The paper report was that Medavakkam big Lake is located in survey No. 261 under the control of Public Works Department originally havi ng an extent of 200 acres. The l ake 21 water was being used to i r r i ga t e t h e a g r i cu l t ur e l a n d s i n M e d av a k k am , Vad a k k u pat t u , Vellakkal and Kovilambakkam.
( i i ) The p ub l i c were s a f e g u a r d i n g t he l ake e a r l i e r by d e s i l t i ng and strengthening the banks of the lake once in every 12 years. When the development of the suburbs of Chennai began to increase, the size of the agri cult ural lands declined and the lake has been neglected, in spite of fact that i t was acting as a rain water harvesting system to safe guard the ground water level in that area.
(iii) i) Some years back, the North and South banks of this lake were broken by the e n c r o a c h e r s and sold the l ake l ands. The e n c r o a c hm e n t o f lake as per Government records i s 145 acres and extent of the lake has been reduced to 50 acres.
(iv) ) It is also mentioned that a false fake survey no. was given as survey no. 261/7 and Patta is being issued to many people. The Government authorities are also issuing land tax receipt for the encroached lands to the encroachers and using that Electri city connections had been o b t a i n e d f o r t h e h o u s e s u n a u t h o r i s e d l y c o n s t r u c t e d b y t h e encroachers.
(v) It is also alleged in the report that the local politicians had provided r oad f aci l i ty and d ri nki n g water f a ci l i t y in o rder t o pl ease t he en cro ac her s. Ration Cards were also i ssued t o the resi dents who have unauthorisedly put up constructions there. When huge water crises happened, due to the intervention of the local people and also the well- wishers of the locality, certain amounts have been spent for the purpose of cleaning the water bodies located in that area.
(vi) The Public Works Department also told that Rs. 4 core were allotted to reform the Medevakkaam Lake. But, no work has been started so far. No steps have taken to remove the encroachments as well.
4. I further state that this Hon'ble Tribunal by the order dated 30.07.2020 has appointed a Joint Committee and directed that:
(i) The Committee to ascertain the total original extent of the lake as per the Revenue records and the extent o f en cr oa chm e nt and the s t eps t aken t o remove the encroachment and also to ascertain as to whether there was a scheme launched by the State Government or the District administration to protect this water body and if so what is its stage of implementation.
(ii) The commit tee has also been directed t o consider the question as to whether there was any i l legal discharge of any untreated effluents or sewage into the water body and also to ascertain the quality of the water in the lake and if there is any contamination suggest the ways and means to remedy the same.
(iii) The committee shall trace out the encroachers and suggest the ways and means to remove such encroachment including the persons responsible to carry out the same and to prepare an action plan with short term and long term measures with shorter time l ines to restore the water body including removal of encroachment and possibility of establishing biodiversity park/treeplanting. around the water body and other protective measures to be taken to protect the water body against future encroachments as well.
(iv). The Public Works Department will be the nodal agency for coordination and for providing all necessary logistics for this purpose.
5. As regards the Water Resources Department is concerned it is stated that t he M e d av a kk am Peri ya Eri i nS . F. No. 261 o f M ed a v ak k am V i l l ag e o f TambaramTaluk has the storage capacity of 0.69 Mcm to feed the originally intended ayacut of 80 . 57 Ha. I t' s water spread area is 3.7sq.km and has i ts own catchment in an extent of 0 . 55 sq.km. In view of the development of Chennai City and i ts peripheral areas, the ayacut has been subst anti ally reduced now.
6. With regard to the action taken for eviction of encroachments, it is stated that the revenue and WRD officials in the 22 presence of Revenue Divisional Officer, Tahsildar and Assistant Executive Engineer, WRD, Palar Basin Sub Division, Chengalput and the Assistant Engineer, WRD, Irrigation Section, Padappai have made a survey of the tank by the Taluk Surveyor and identification of encroachments is in progress by the Revenue Officials. As per the Tamil Nadu Protection of Tank and Eviction of Encroachment Act, 2007 and rules made there under, the Tahsildar has to send the particulars of encroachments in Form I and II and after which the Assistant Engineer, WRD, Irrigation Section, who is the authorized Officer has to issue form No. III to the encroachers and take eviction proceedings as per law. The photographs taken during the surveyof the tank are filed herein.
7. PLANS FOR REHABILITATION OP THE LAKE:
It is stated that the Government has issued G.O.(4D).No. 28, Water Resources Department dated 28 . 04 . 2022 sanctioning the rehabilitation works in 7 tanks in Tam baram and Shol i ng anal l ur Taluks in a nt i ci p at i on o f NABRD loan assi st ance under RIDF XXVII for 2021-2022. The copy of the Government order is filed herein. Tenders will be called for after allocation of fund by the Government."
26. This Tribunal also noted that the committee appointed in O.A. No. 128 of 2020 (SZ) had not filed any report as directed by this Tribunal. Thereafter, this Tribunal had passed the following order:-
"7. In that report, it was only mentioned that the Revenue and the Water Resources Department officials in the presence of Revenue Divisional Officer, Tahsildar, Assistant Executive Engineer, WRD, Palar Basin, Sub Division, Chengalpattu and the Assistant Engineer, WRD, Irrigation Section, Padpai have made survey of the tank by Taluk Surveyor and identification of encroachments is in progress by the Revenue officials.As per the provisions of the Tamil Nadu Protection of Tank and Eviction of Encroachment Act, 2007 and Rules made there under, the Tahsildar has to send the particulars of encroachments in Form - I and II and after which the Assistant Engineer, WRD, Irrigation Section who is authorized officer has to issue Form - III Notice to the encroachers and take eviction proceedings as per law. Quite unfortunately, though the Committee was appointed in 2020 in O.A. No.128/2020, no effective steps have been taken by the Revenue officials for conducting survey and removal of encroachment.
8. This is being repeatedly insisted by the Hon'ble High Court of Madras also in several decisions and even contempt proceedings have been initiated for not implementing the directions issued by the Hon'ble High Court of Madras in this regard. In spite of that, effective steps are not being taken by the Revenue Department and the custodian of the lake namely, the Water Resources Department as well. They are playing hide and seek game by putting blame on other department for not discharging their constitutional obligation of protecting environment.
9. Time and again, this Tribunal had directed the District Administration to take appropriate action for removal of encroachment from the water bodies to protect the same against encroachment and pollution, in coordination with the local bodies and the Water Resources Department but the result is not to the satisfaction of the Tribunal. Further, though removal of encroachment is not part of the jurisdiction of this Tribunal but that arises for consideration of the Tribunal for the purpose of protecting the water bodies against shrinkage and pollution.
10. Further, encroachment is distorting the integrity of the water bodies which play great role in maintaining ecological balance by acting as fresh water ecosystem supporting the native flora & fauna, maintaining the hydrological cycle in the area by rain water harvesting, regulating water flows and helping to accelerate the recharge of groundwater level in that area. In that way, protecting the water body is also part of the jurisdiction of this Tribunal invoking the provisions of the Environment 23 (Protection) Act, 1986 which is an umbrella Act to cover all environmental issues which are not covered by any individual statutes.
11. When the matter came up for hearing today, we have received the report from the Block Development Officer, St. Thomas Mount Panchayat Union under whose jurisdiction, the Medavakkam Village Panchayat and the Vengaivasal Village Panchayat comes.
27. This Tribunal also considered the report submitted by the Block Development Officer, Medavakkam Village Panchayat and extracted the relevant portion of violations noted in Para (12) of the order which reads as follows:-
"Conduct of Residential and Commercial Establishments
6. It is important to note, Medavakkam Panchayat has served notices on residential complexes and commercial establishments for letting sewage water into the village lakes and causing water pollution under the Tamil Nadu Villages Act, 1994. They are as follows:
1. Casagrand Rivera
2. Ragamalika Phase I
3. Ragamalika Phase II
4. Ragamalika Phase III
5. Vasantha Bhavan Hotel
6. Udhayam Tower
7. Kaleeswari Tower.
It is important to note that the above establishments are on theVelacherry Main Road and the Panchayat is yet to take legal action on them."
28. Thereafter, this Tribunal had passed the following order :-
"13. Though some business establishments, flats and residential complex are also part of such illegal activity, no action was taken against them for committing such violation. It was also mentioned at the bar by the learned counsel for the State Government that these people are having their own STP, but in spite of that they are illegally and wantonly discharging the untreated sewage either into the storm water drain or other channels which ultimately reaches the water bodies and polluting the same.
14. Even the report of the State Pollution Control Board shows the existence of Total Coliform and Faecal Coliform which may be due to discharge of untreated sewage into the water body. The State Pollution Control Board has not come with a detailed report regarding such blatant violation committed by the establishments which are coming undertheir jurisdiction. They are expected to take stringent action against those persons who are responsible for such illegal activities.
15. Since both these cases are related to the same issue, we feel that both these case can be clubbed together and considered together and disposed of by a common order.
16. So, considering the graveness of the issue that has been projected in the report submitted by the Block Development Officer, we feel it appropriate to direct the District Collector - Chengalpattu District andalso the State Pollution Control Board to conductdetailed inspection and take appropriate action against those persons who are responsible for committing such violations including prosecution and imposition of environmental compensation for the violations committed by them as directed by this Tribunal in several matters of this nature.
17. The District Collector in coordination with the Water Resources Department and the concerned local body under whose jurisdiction the maintenance of the 24 lakes are vested, is also directed to conduct a detailed survey to identify the encroachments and take appropriate steps to remove the encroachments within a time frame and submit areport to this Tribunal in this regard.
18. The Hon'ble High Court of Madras has even directed the authorities to go into the question as to whether any manipulation has been done in the survey numbers of water bodies in connivance with the officials and if such instances were brought to the notice, directed the authorities totake action against those persons and remove such encroachments and restore the water body to its original position. In one of the newspaper report, the grievance itself was that manipulation has been done in the survey numbers related to the water bodies and pattas have been obtained and using that pattas, electricity connection and water supply connections have been obtained. These aspects also will have to be gone into by the District Collector personally and take appropriate action against those persons who are responsible for the same and take appropriate action and remove the encroachment, if it is found to be unauthorized and illegally obtained by manipulating documents apart from launching prosecution. The report must contain details of action taken pursuant to the directions of the Hon'ble High Court.
19. Further, it is high time for the Additional Chief for Municipal Administration and Water Supply, Additional Chief Secretary for Environment, Climate Change and Forests, Principal Secretary for Revenue, Principal Secretary for Rural Development and Panchayat Raj to look into the issue and take appropriate steps as directed by this Tribunal in the earlier paragraphs, after conducting a meeting with the officials and instruct them to take appropriate action against those erring officials and also take steps to remove the unauthorized encroachments and protect the water bodies against pollution andencroachment.
20. They are also directed to file a report to this Tribunal regarding the steps taken from their level as in several matters of this nature, the Principal Bench of National Green Tribunal, New Delhi had also directed the higher level officials in the Secretary level to intervene in these issues and implement the directions issued by the Hon'ble Apex Court, the various Hon'ble High Courts and also this Tribunal to protect environment.
29. After the cases were adjourned, this Tribunal had received a report from the 6th respondent/District Collector Chengalpattu District dated 23.08.2022, e-filed on the same date which reads as follows:-
1..XXX 25 26 27
30. We have also received another report filed by the Superintending Engineer, Water Resources Organisation, Chennai dated 02.08.2022, e-filed on the same date which reads as follows:-28 29 30
31. We have also received another report filed by the Superintending Engineer, Water Resources Organisation, Chennai dated 20.09.2022, e-filed on the same date which reads as follows:-31
1..XXXXX 32
32. As directed by this Tribunal by order dated 29.04.2022, Revenue Divisional Officer, Tambaram on behalf of the 7th respondent had filed a report dated 20.09.2022, e-filed on 27.09.2022 which reads as follows:-33
33. Heard the counsel appearing for the respondents.
34. The counsel appearing for the State respondent submitted that proper action was being taken for protecting the water bodies against encroachments as the State Government is committed to protect the water bodies against encroachment and pollution. Further the Hon‟ble High Court of Chennai has taken cognizance of the matter in respect of several bodies and serious of directions were being issued.
35. The counsel appearing for Tamil Nadu Pollution Control Board submitted that they are monitoring the implementation of Solid Waste Management Rules, 2016 and Liquid Waste Management. Whenever deficiencies were found, they were issuing proper directions and even issued show cause notice imposing environmental compensation as directed by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 (PB).
36. Considered the submissions made by the learned counsel appearing for the respondents and reports submitted.
37. The public grievance that was raised in the various newspaper reports based on which the above Suo-Motu cases had been registered was that the Medavakkam lake which was originally having an extent of more than 200 acres had been reduced to 50 acres on account of unauthorised encroachments and though it was known to the authorities because of the political influence exerted by the encroachers, no action was being taken.
But on the other hand all necessary facilities like Electricity connection, water connection and ration cards etc., were being issued to those persons who are occupying those lands by constructing houses by creating false documents. In order to ascertain the nature of allegations made in the various newspaper reports referred to above, a Joint Committee was appointed by this Tribunal in both the cases.
38. In O.A. No. 17 of 2020 (SZ), the Joint Committee as well as the Tamil Nadu Pollution Control Board had filed their reports. But quite unfortunately, in O.A. No. 128 of 2020 (SZ), the Joint Committee had not filed the report. But 34 subsequently, reports have been filed by the District Collector, Chengalpattu District and the Water Resources Organisation from which it was revealed that there were encroachments and lot of encroachments were identified and steps were being taken for removing the encroachments. It was also revealed from the latest report referred to above filed by the Revenue Divisional Officer, Tambaram on behalf of the 6th respondent/District Collector-Chengalpattu District that there was no survey number as 261/7 as per the revenue records and the steps were being taken for removing the encroachments who were constructed the houses in the water body by creating false documents. So it is clear from this that water bodies were being neglected to be maintained by the authorities which resulted in encroachments by unauthorised persons even making false survey numbers and sub-divisions by creating documents and on that basis Electricity Connection, Water connection and rations cards had been obtained by such person.
39. Even in the reports recently filed also, nothing was mentioned about the action taken against such illegal activities as well. If any survey subdivision had been wrongly manipulated, documents had been created and using those documents, if any, building permit, assessment, Occupation Certification, Electricity Connection and Water Connection had been obtained, that will amount to criminal offence of cheating the Government and if any of the officials, who had issued those documents without conducting any proper enquiry, then they had also must be brought under the regime of surveillance by the respective departments and appropriate action will have to be taken against them in accordance with law. Unless such an exercise had been made by the higher level officials, it will be very difficult for the Government to protect the water bodies against unlawful encroachments including creation of Pattas and registering documents and constructing buildings by making false survey sud-division. No leniency must be shown to such persons on the guise of re-location and re-settlement of those unauthorised encroachers who had created documents and occupied the area covered the original revenue records as the water body.
3540. It is time and again reiterated by the Hon‟ble Apex Court and also various High Courts including Hon‟ble High Court of Madras including Principal Bench of National Green Tribunal and also this Tribunal, regarding the responsibility of the State to protect the water bodies against encroachment and pollution as part of protection of environment as mandated under Article 48(A) of the constitution of India. Further State Government has got a responsibility to provide clean environment which includes providing clean water and air as part of „Right to Life‟ as guaranteed under Article 21 of the Constitution of India and this obligation has to be primarily discharged by the State machineries including the local bodies and the regulators. It is well accepted principle of environment that water bodies are not only acting as source for water for drinking and irrigation purposes, but also act as a water storing reservoir, natural rain water harvesting system and help the natural recharge of ground water level in those areas apart from acting as flood mitigation mechanism to collect more water that is generated during rainy season to avoid flood in the neighbouring areas.
41. The Hon‟ble Apex Court had observed in one of the cases that merely because a water channel or water body has become disused on account of non-maintenance of the water bodies by the authorities, that will not lose the character of the water body and those non-perennial water bodies also will have to be restored to the original position by removing the encroachments and no Patta should be issued for such land for any purpose by the Government Department as well and in such cases those lands will have to be restored to the original position by removing the encroachments and steps will have to be taken to protect the water body by providing necessary infrastructure to collect more water to the water body. Its need not be reiterated that water body only acting as water reservoir, but also acting as water recharge system in the locality, so as to improve the ground water level apart from acting as a mechanism to protect the area surrounding the lake or water body against flood and inundation by collecting more excess rain water that is being generated during monsoon. Any encroachments in to nature will lead to disaster and effects of such disaster will be more serious if the Government did not open it eyes to take 36 steps to restore the water body to its original position and maintain the water bodies, so as to protect the environment as mandated by the Constitution.
42. This had been reiterated by the Hon‟ble High Court of Madras L. Krishnan vs. State of Tamil Nadu (2005 (3) MLJ 363) and and the directions had been issued to take appropriate action for recovery of the land which was shown as the water bodies as per the original revenue records and remove the encroachments and restore the water bodies to the original position as well. The Hon‟ble High Court of Madras had passed strictures against the authorities heavily for not taking steps to remove the encroachments and protect the water bodies, so as to discharge their constitutional obligation of protecting environment. In spite of all these stringent measures taken by the Courts, the departments are not taking actions in the right direction as expected by the Courts and the Tribunal. Once the State machineries fail to discharge their obligation of protecting environment as contemplated under Article 48(A) of the Constitution of India, then they are failing to discharge their duty to maintain environmental rule of law which is highly essential for the purpose of protecting the safe life of the people. Any environmental degradation will result in health hazard to the people and it is the primary responsibility of the State to avoid health hazards being caused or experienced by the people on account of the lack of implementation of environmental laws by the regulating authorities.
43. Further in several matters this Bench as well as Principal Bench of National Green Tribunal sitting as Special Bench had reiterated that it is not possible for the Tribunal to monitor the implementation of the rules and discharging of the functions of the regulators perpetually and it is for them to take proactive steps to implement and enforce the environmental laws and failure to discharge the same will amount to failure of maintenance of environmental rule of law in the State and the consequences of that will be more disaster as which is expected to be avoided by the Government Department.
3744. The Principal Bench of National Green Tribunal while disposing in O.A. No. 606 of 2018 by separate Judgment in respect of each State had interacted with Chief Secretary to Government of all the States including State of Tamil Nadu and recording the undertaking given by the Chief Secretary to Government that they would strictly abide by the directions of the Tribunal and implement the waste management rules disposed of the matter in respect of Tamil Nadu is concerned on 21.07.2022 by directing the Chief Secretary to Government to allocate the Secretary level officer at the rank of Additional Chief Secretary to Government for Municipal Administration and Water Supply Department and if the water bodies are in the rural area, then the Principal Secretary to Government for Rural Development and Panchayat Raj to conduct review meetings and strictly implement the rules and the directions issued by this Tribunal. These matters also can be relegated to the committee already constituted for this purpose.
45. So under such circumstances, we feel that the matter can be disposed of with following directions:-
i. The District Collector - Chengalpattu District in coordination with the Water Resources Department and the respective local bodies, take steps to survey the area and identify the encroachments and take steps to remove the encroachments strictly in accordance with provisions of the statutes under which they are exercising their power and after removing the encroachments, Water Resources Department is directed to maintain the Madevakkam Lake by providing necessary infrastructure for protecting the lake including creation of green cover around the lake, so as to protect the Medavakkam Lake against encroachment and pollution being caused. ii. The District Collector -Chengalpattu District and the Block Development Officer, St. Thomas Mount Panchyat Union are directed to take steps to implement the Solid 38 Waste Management Rules, 2016 and Liquid Waste Management within their jurisdiction and avoid discharge of untreated sewage into the water body. iii. The Water Resources Department is directed to maintain the water body by doing periodical de-silting and deepening if necessary for the purpose of increasing the water storage capacity and ensure that the inlets and outlets of the lake are being properly maintained and if there is any encroachment in the inlets and outlets, then take appropriate steps in coordination with the revenue department to remove those encroachments and restore the inlets to the original position, so that free flow of excess rain water to the lake can be ensured.
iv. The Tamil Nadu Pollution Control Board is directed to take appropriate steps to monitor the implementation of the Solid Waste Management Rules, 2016 and Liquid Waste Management in the respective area and also implementation of the directions issued by this Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and this Tribunal and if there is any violation or non compliance found, then they are directed to take appropriate action against those local bodies/institutions who are responsible for the same including imposition of environmental compensation apart from taking other coercive steps as provided under the respective statutes including prosecution in accordance with law.
v. The District Collector- Chengalpattu District is directed to conduct proper enquiry regarding the unlawful sub- division survey number made and documents if any created and using those false documents, if any, unauthorised benefits like building permit, electricity connection, collection of tax etc., being done, then take appropriate action against those persons in accordance with law. This must include action to be taken against any officials who have been for responsible to encourage 39 such activities and providing such facilities after according reasonable opportunity to them as required under the respective laws relating to taking action against such persons either departmentally or otherwise. vi. The Chief Secretary to Government, State of Tamil Nadu is directed to delegate the issues involved in this case regarding implementation of removal of encroachment and protection of Medavakkam lake to the committee already constituted for this purpose for implementing the directions issued by this Tribunal in several matters of this nature in respect of this case as well as directed in those cases.
vii. The Chief Secretary to Government, State of Tamil Nadu is also directed to conduct review meetings as directed by this Tribunal in several matters including the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and take appropriate action for implementation the directions in its letter and spirit, so as to protect the Medavakkam lake and provide clean environment to the people as contemplated under Article 21 and 48(A) of the Constitution of India.
viii. The Registry is directed to communicate this order to the official respondents and also to the Block Development Officer- St. Thomas Mount Panchayat Union, District Collector-Chengalpattu District, Chairman-Tamil Nadu Pollution Control Board, the Principal Secretary to Government for Rural Development and Panchayat Raj, Additional Chief Secretary to Government for Environment, Climate Change and Forests, Additional Chief Secretary to Government for Municipal Administration and Water Supply, the Additional Chief Secretary to Government for Water Resources Department, Principal Secretary to Government for Revenue and Disaster Management and also to the Chief 40 Secretary to Government for State of Tamil Nadu for their information and compliance of directions.
46. With the above observations and directions, the Original Applications are disposed of.
.........................................J.M. (Justice K. Ramakrishnan) Sd/-
........................................E.M. (Dr. Satyagopal Korlapati O.A. No. 17 of 2020 & O.A. No. 128 of 2020 27.09. 2022 Sr. 41