National Green Tribunal
National Green Tribunal Southern Zone vs The Chief Secretary To Govt. Of Tamil ... on 26 July, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No. 02: Court No.1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through video conference)
Original Application No. 153 of 2020 (SZ)
IN THE MATTER OF:
Tribunal on its own motion-SUO MOTU
Based on the News item in The Time of Indian Newspaper,
Chennai edition dated 30.07.2020, "Raw Sewage,
Encroachments continue to threaten Lake".
...Applicant(s)
Versus
The Chief Secretary to Govt. of Tamil Nadu,
Govt Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600009. ...Respondent(s)
Date of Judgment: 26.07.2022
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): By Court
For Respondent(s): Dr. D. Shanmuganathan for R1 to R8, R10 & R11,
R14 to R17, R19 to R23.
Mr. S. Sai Sathya Jith for R9
Mr. Gautam S. Raman for R12
Mrs. P.T. Rama Devi through
Mr. Raghul Adithya for R18
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment. Pending interlocutory application, if any, shall stands disposed of.
Justice K. Ramakrishnan, J.M.
Dr. Satyagopal Korlapati, E.M.
O.A. No. 153/2020(SZ)
15th July 2022. Sr.
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Item No: 02 Court No.1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 153 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU
Based on the News item in The Time of Indian Newspaper, Chennai edition dated 30.07.2020, "Raw Sewage, Encroachments continue to threaten Lake".
...Applicant(s) Versus
1) The Chief Secretary to Govt. of Tamil Nadu, Govt Secretariat, Fort St. George, Chennai, Tamil Nadu - 600009.
2) The Principal Secretary to Government, Public Works Department, Govt. Secretariat, Fort St. George, Chennai - 600009.
3) The Additional Chief Secretary to Govt. of Tamil Nadu, Revenue and Disaster Management Department, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600009.
4) The Secretary to Govt. of Tamil Nadu, Department of Environment, Govt. Secretariat, Fort St. George Chennai, Tamil Nadu - 600009.
5) Additional Chief Secretary to Govt. of Tamil Nadu, Municipal Administration and Water Supply Department, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600009.
6) Additional Chief Secretary to Govt. of Tamil Nadu, Rural Development and Panchayat Raj Department, Govt. Secretariat, Fort St. George Chennai, Tamil Nadu - 600009.
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7) The Principal Secretary to Govt. of Tamil Nadu, Housing and Urban Development Department, Govt. Secretariat, Fort St. George Chennai, Tamil Nadu - 600009.
8) The Principal Secretary to Govt. of Tamil Nadu, Industries Department, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
9) The Chairman, Tamil Nadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai, Tamil Nadu - 600032.
10) Commissionerate of Municipal Administration, Rep. by its Commissioner, No.78, Urban Administrative Building, Santhome High Road, Chennai - 600028
11) Directorate of Town Panchayats, Rep. by its Director, Kuralagam, Chennai 600108.
12) Chennai Metropolitan Water Supply & Sewerage Board, Rep. by its Managing Director, No. 1, Pumping Station Road, Chintadripet, Chennai - 600031.
13) Tamil Nadu Water Supply and Drainage Board, Rep. by its Managing Director, 31, Kamarajar Salai, Chepauk, Chennai - 600 005.
14) The District Collector, Chennai District, District Collectorate Office, No.62, Rajaji Salai, 4th Floor, Chennai- 600 001.
15) The District Collector, Kancheepuram District, First Floor, Collectorate, Kancheepuram - 631 501.
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16) The District Collector, Chengalpattu District, Collector Office, GST Road, Chengalpattu - 603 001.
17) The District Collector, Tiruvallur District, First Floor, Collectorate, Tiruvallur - 602 001.
18) Greater Chennai Corporation, Rep. by its Commissioner, Ripon Building, Chennai - 600 003.
19) Engineer in Chief (Water Resources Organisation) and Chief Engineer (General), Public Works Department, Chepauk, Chennai - 600 005.
20) Tamil Nadu Biodiversity Board, Rep. by its Secretary, TBGP Campus, 2nd Floor, Velacherry-Tambaram Main Road, Nanmangalam, Medavakkam Post, Chennai - 600 100.
21) Tamil Nadu State Wetland Authority, Rep. by its Member Secretary, No.1, Jeenis Road, Panagal building, Saidapet, Chennai - 600 015.
22) Department of Environment, Rep. by its Director, No.1, Jeenis Road, Panagal Building, Ground Floor, Saidapet, Chennai - 600 015.
23) The Member Secretary, Chennai Rivers Restoration Trust, 6 / 103, Dr. D. G. S. Dinakaran Salai, Raja Annamalaipuram, Chennai - 600 028.
...Respondent(s) Judgment Reserved on: 15th July 2022.
Judgment Pronounced on: 26th July 2022.
4 CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER For Applicant(s): By Court For Respondent(s): Dr. D. Shanmuganathan for R1 to R8, R10 & R11, R14 to R17, R19 to R23.
Mr. S. Sai Sathya Jith for R9 Mr. Gautam S. Raman for R12 Mrs. P.T. Rama Devi through Mr. Raghul Adithya for R18 JUDGMENT
1. The above case was Suo Motu registered by this Tribunal on the basis of the news paper report published in The „Times of India‟ Newspaper, Chennai Edition dated, 30.07.2020 under the caption "RAW SEWAGE, ENCROACHMENTS CONTINUE TO THREATEN LAKES"
2. It was alleged in the newspaper report that the lakes in Korattur, Ambattur, Madhavaram, Peerkankaranai and Adambakkam have shrunk due to encroachment and they were also threatened by discharge of untreated sewage, making the water in the lake polluted.
3. It was also alleged in the newspaper report that there were illegal encroachments into the water bodies, reducing its area of storage thereby reducing the storing capacity of the lakes. Though these were known to the authorities and certain directions were given by the Hon‟ble High Court as well as the National Green Tribunal, no effective steps were taken by them to remove the encroachments and rejuvenate the water bodies and save them from encroachers and polluters.
4. There were unlawful discharge of trade effluents from the factories which were also another source for pollution of the water body. Though, this 5 Tribunal had already taken more than 40 matters as Suo-Motu proceedings in respect of water bodies spread over in these districts namely, Chennai, Tiruvallur, Chengalpattu and Kancheepuram and there were 24 Original Applications also pending in respect of such issues which were initiated on the basis of the applications filed by the individuals and organisations, no effective steps were taken by the authorities to redress the grievance permanently.
5. Since, this Tribunal was satisfied on the basis of the allegations made in the newspaper report that there arose a substantial question of environment which requires the interference of this Tribunal, the matter was admitted as per order dated 18.08.2020 and appointed a Joint Committee consisting of 1) The District Collectors of Chennai, Chengalpattu, Kancheepuram and Thiruvallur District or a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate deputed by the respective District Collectors 2) a Senior Officer from Tamil Nadu State Pollution Control Board as deputed by its Chairman, 3) a Senior Officer from Chennai Metropolitan Water Supply & Sewerage Board 4) a Senior Officer from Tamil Nadu Water Supply and Drainage Board 5) The Commissioner/a Senior Officer designated by the Commissioner of Greater Chennai Corporation, 6) a Senior Officer deputed by the Member Secretary, Chennai Rivers Restoration Trust, 7) The Superintending Engineer of Public Works Department and Water Resources Organisation, who is in charge of that area, 8) a Senior Officer from the Commissionerate of Municipal Administration and 9) The Chief Wild Life Warden or his nominee designated by him not below the rank of Chief Conservator of Forests to inspect the lakes in question in these four Districts, namely, Chennai, Chengalpattu, Kancheepuram and Thiruvallur District and submit a factual as well as action taken report in 6 respect of all water bodies including lakes, ponds, Eris and other small or big water bodies which caters to the need for collecting rain water during rainy season and act as a rain harvesting system in these Districts.
6. If there is any encroachment, committee was directed to
i) submit a status of the nature of the encroachment and steps taken by the authorities to remove the encroachment and if there was any discharge of sewage or effluents from factories and industries, then the nature of the action taken by the regulatory authorities to prevent such things including imposition of environmental compensation.
ii) To ascertain the total extent of water bodies in these districts, as per the original revenue records.
iii) To take water samples from all the water bodies and if there is any contamination, trace out the sources for the contamination and also suggest the remedial measures to be taken for rectifying the same.
iv) To consider the question as to whether there was any scheme launched by the State Government or by the District administration for the purpose of rejuvenation and protection of the water bodies in these Districts and if so, what is the stage of its implementation.
v) To consider the steps taken by the authorities for protecting the water bodies against encroachment and feasibility of establishing bio-diversity parks and green belt along the bunds of the water bodies.
7. It was also reiterated in the order that the Principal Bench of National Green Tribunal, had issued directions to the Chief Secretaries of the States 7 throughout India in respect of preventing pollution being caused to the water bodies and rejuvenate the polluted river stretches in all the States, This Tribunal had directed the Chief Secretary of the State of Tamil Nadu to monitor the progress of the inspection and preparation of the report to be submitted by the committee that was appointed by this Tribunal and give necessary input and official logistics if necessary, for better co-
ordination and submission of the report.
8. The Public Works Department/Water Resources Department was designated as the nodal agency for co-ordination and also for providing necessary logistics for this purpose.
9. Thereafter, the matter has been adjourned for filing such reports.
10. During course of consideration of this case and various dates, this Tribunal considered similar reports published in „The New Indian Express‟, newspaper Chennai Edition dated 03.12.2020 under the caption "Yet again, sewage enters Korattur Lake", newspaper report published in the same newspaper dated 13.12.2021, under the caption "Rain „reopens‟ Korattur Lake‟s pollution problems and also another newspaper report published in the „New Indian Express‟ Chennai Edition dated 26.07.2021 under the caption, "Eight tonnes of garbage cleared from Korattur Lake in two weeks" and another newspaper published in Dinamalar daily dated 26.07.2021 under the caption "njhopw;rhiy fopTfshy; ghohFk; nfhul;^u; Vup" and directed the committee as well as the regulators to file their concerned reports regarding this aspect.
11. The Superintending Engineer, Water Resources Department, Palar Basin Circle, Chepauk, Chennai had filed a reply in the form of affidavit contending that in view of the heavy rainfall during the month of November and due to successive impact of the severe cyclonic storm at 8 short intervals, almost all the tanks in Kanchipuram maintained by Public Works Department and the local bodies were either full or with 75% storage. The test results of the pollution and contamination in the tanks at that time would not show the correct data and the ideal time for taking samples and for testing the proportions of the contaminating elements in water would be during summer. Since the officials would not be available as they will engaged in disaster management activities, they could not conduct the inspection and file the report.
12. The Palar Basin Circle had three Divisions, namely, Lower Palar Basin Division, Kanchipuram, Kosathalaiyar Basin Division, Tiruvallur and Araniar Basin Division, Chennai and the water bodies are maintained by these three Divisions in Tiruvallur, Kanchipuram, Chengalpattu and Chennai District.
13. In Kanchipuram District alone, there were about 1151 tanks under the management of Public Works Department. Pursuant to the orders dated 18.08.2020, they have convened the meeting on 11.12.2020 with the officers of all departments to sort out the modalities for identifying the water bodies maintained by the Public Works Department and the local bodies which were polluted by dumping garbage, letting of sewage and other polluting elements. The officials of the various departments were requested to submit the report about the action taken in this regard.
14. As regards the identification of encroachments in the water bodies, the District Collectors concerned have been addressed to identify, enumerate and demarcate the encroachments to Public Works Department and the local bodies so as to enable the respective departments to take eviction proceedings under the due process of law. So they wanted some time to file the report as directed by this Tribunal. 9
15. The 18th respondent/Greater Chennai Corporation filed a status report stating that there are 210 water bodies in Greater Chennai Corporation. Out of these, Restoration of 62 water bodies had been completed under Smart City fund. Restoration of 64 water bodies had been completed under Capital fund. Restoration of 50 water bodies were in progress under CMCDM fund, Smart City Fund, Capital fund and ADB GEF Grant. During the restoration of water bodies sewage entering into the water bodies has been plugged and there is no sewage entering in the Ponds at present.
16. The Korattur Lake, Ambathur Lake, Madhavaram Lake, Perumbakkam Lake and Perukkaranai Lake are being maintained by Public Works Department, Water Resources Organisation. They prayed for accepting their contention and passing appropriate orders.
17. The 22nd respondent/Department of Environment filed a counter affidavit contending that the Department of Environment was the Nodal Department and extending financial support for the selective ponds, Eris, Lakes within the limited available funds for rejuvenation and maintenance etc., During the past several years, the Department of Environment had extended financial assistance to improve the eco- restoration of water bodies, through the concerned custodian of the water bodies in the Northern three district viz., Chennai, Chengalpattu and Triruvallur.
i) Chetpet Lake in Chennai district through Fisheries Department.
ii) Madavaram, Ambattur in Avadi City Municipal Corporation in Thiruvallur district through Public Works Department.
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iii) Paruthipattu Lake in Avadi City Municipal Corporation in Thiruvallur district through PWD.
iv) Thiruthani Nallathaneerkulam in Thiruthani Municipality in Thiruvallur district through Commissionerate of Municipal Administration.
v) Chitlapakkam Lake in Tambaram Taluk of Chengalpattu district through PWD.
vi) Adambakkam Tank in Aalandur Taluk of Chennai district through PWD.
vii) Vengaivasal Periya Eri in Tambaram Taluk of Chengalpattu district through PWD.
18. The Public Works Department had submitted a proposal for the Rehabilitation and Restoration of Madavaram, Ambathur and Korattur Wetland Complex at a cost of Rs. 59.18 Crores. The proposal was considered by the Government of Tamil Nadu and the funds have been routed through the Department of Environment between 2014-2015 and 2017-2018, in several instalments based on the Utilization Certificates and Progress of the works.
19. Under the proposals the works, namely, mud flats, foreshore bund formations, removal of encroachments, erection of Boundary pillars, foot path, removal of Hyacinth, de-silting, removal of deposition in the bed of Tank like Solid waste, sediments, biological and chemical wastes, provision of retaining wall, hand rails, Diversion of Sewage inlets, formation of diversion bunds, plantations, formation of islands for bird diversity, fencing etc., have been carried out. 11
20. The Department of Environment have approached all the Departments, namely, Greater Chennai Corporation, Public Works Department, Micro, Small and Medium Enterprises, TANSIDCO etc., with reference to the Sewage issues, said to have affected the Madavaram, Ambathur and Korattur Wetland Complex.
21. The Housing and Urban Development Department had furnished a report on the action taken on arresting the Sewage in their letter dated 20.12.2019. The above works were completed by the Public Works Department and the Public Works Department is the custodian of the above Wetland Complex and hence it was obligatory on the part of Public Works Department to maintain the above wetland free from the encroachment and pollution.
22. They had addressed the various stake holder departments to identify the encroachment, source of pollution and the action taken reports to be filed before the Tribunal in time. They prayed for accepting their contention and passing appropriate orders.
23. The Tamil Nadu Pollution Control Board had filed a report signed the officer on 03.12.2021 and e-filed on 06.12.2021 wherein they have stated that no industrial wastes are being dumped in the Korattur Lake as envisaged in the newspaper report. The municipal solid wastes generated from the Ambattur Industrial Estates are collected by M/s. Chennai Auto Ancillary Industrial Infrastructure Up gradation Company (CAAIIUC) and stored in the temporary transit yard which belongs to the Public Works Department, located near the north phase SIDCO sewage treatment plant and sent to the Greater Chennai Corporation for further process. The temporary transit yard has been closed and the municipal wastes were completely removed and kept vacant at present. 12
24. The municipal solid wastes collected from the Ambattur Industrial estate were being stored in the temporary transit yard, located near the south phase SIDCO sewage treatment plant in SIDCO land and sent to the Greater Chennai Corporation for further process. They prayed for accepting their contention and passing appropriate orders.
25. The Greater Chennai Corporation also filed a further report dated 20.12.2021, e-filed on 07.02.2022 which reads as follows:-
1,2 XXXX 13 14
26. The 12th respondent Chennai Metropolitan Water Supply and Sewerage Board filed a report regarding the nature of action taken by them for protecting the water bodies which reads as follows:- 15 16 17 18 19 20 21
The action taken by CMWSSB Board to prevent sewer discharge into Korattur, Ambattur, Madhavaram and Adambakkam Lakes and the status of the ongoing works is hereby submitted before the Hon'ble Green Tribunal for consideration.
27. The 12th respondent also filed further report regarding the implementation of Long Term Action Plan taken from their side dated 07.02.2022, e-filed on 08.02.2022 which reads as follows:- 22 23 24 25 26 27 28 29 30
28. They have also filed a further report dated 29.03.2022, e-filed on the same date which reads as follows:-
31 32 33 34
29. Quite unfortunately, neither the District Collectors, nor the Joint Committee filed any report regarding the things to be identified and reported by them. In most of the cases the compliant was regarding pollution to water bodies and encroachment into the water bodies reducing the water storing capacity, unless encroachments are identified and removed and permanent steps were taken for the purpose of protecting the water body against future encroachment, any steps taken by the authorities, to make it pollution free will not be of any use as most of the untreated discharge is being caused from the unauthorised colonies established by the persons encroached into the water bodies.
30. Time and again, the Hon‟ble Apex Court and also various High Courts including the High Court of Madras, Principal Bench of National Green Tribunal, New Delhi and also this Tribunal reiterated the responsibility of the State machineries to protect the water body against the pollution and encroachment as part of their constitutional obligation mandated under Article 48(A) of the Constitution of India and also Article 21 of the Constitution of India as providing clean water and environment is declared to be a part of „Right to Life‟.
31. The Government is expected to provide top priority for protecting water bodies which plays a great role in protecting environment. In one of the matters, the Hon‟ble Apex Court has categorically mentioned that our forefathers had greater vision in protecting the water bodies, as they were not only acting as water storing reservoir during rainy season, but also acting as Rain Water Harvesting System and Ground Water Recharge System in that area apart from acting as flood mitigation process. 35
32. It was also reiterated in that decision that merely because water body has become disused on account of the negligence on the part of the State machineries in protecting the same, it will not lose its character as a water body and it should not be converted for any other purpose other than protecting the same as a water body.
33. Further, water bodies are not receiving water, on account of obliteration of the inlet and the outlet which carry out the surplus rain water as these water ways are encroached, thereby affecting the flow of water to the water body and as a consequence the water bodies are becoming dry and thereafter, showing that the water bodies are not receiving water as a reason for converting the same for some other purposes. This practice was deprecated by the Hon‟ble Apex Court and also by the Hon‟ble High Court of Madras in several decisions.
34. Further, Hon‟ble High Court of Madras in several matters which was either taken on Suo - Motu or on the basis of the Public Interest Litigation issued several directions to the State machineries to rejuvenate the water bodies and to take steps to remove the encroachment and restore the water body to its original position. Further in respect of Korattur Lake, this Tribunal had considered the matter in O.A. No. 268 of 2016 (Korattur People‟s Welfare & Association Trust vs. Government of India and others) and this Tribunal by Judgment dated 01.07.2022 disposed of the matter by giving various directions to be carried out by the Greater Chennai Corporation, Chennai Metropolitan Water Supply and Sewerage Board, Commissioner - Avadi City Municipal Corporation, Water Resources Department, District Collectors of Chennai and Tiruvallur District and the Tamil Nadu Pollution Control Board to carry out certain directions for the purpose of protecting the water body and also directed 36 the Director of Municipal Administration, Additional Chief Secretary to Government, Municipal Administration and Water Supply Department to monitor the implementation of the recommendations of Joint Committee and also the State Pollution Control Board to take steps to clear the proposals, if any, pending for administrative or financial sanction to implement the scheme of Underground Sewage Scheme and other process and directed the Chief Secretary to Government, State of Tamil Nadu to form a committee comprising of (1) the Additional Chief Secretary to Government, Department of Municipal Administration and Water Supply (2) Additional Chief Secretary to Government - Finance Department or his nominee and the Additional Chief Secretary to Government -
Department of Environment, Climate Change & Forests (3) the Commissioner - Municipal Administration to review the implementation of the directions to implement the Solid/Liquid/Other Waste Management Rules and provided under the various statutes as has been directed by this Tribunal (Principal Bench and Southern Bench) and if there is any gap found, to provide necessary assistance both technical and financial as any proposal for implementation of schemes to protect the environment should not be stalled for paucity of funds.
35. The Chief Secretary to Government, State of Tamil Nadu was also directed to conduct the review meeting of respective stakeholders in respect of implementation of directions issued by this Tribunal to protect the Korattur Lake against encroachment and pollution and if there is any gap found, then the Chief Secretary to Government, State of Tamil Nadu was also directed to look into the issue personally and issue necessary guidelines and directions to the respective stakeholder departments on whose part latches were found in implementation and ensure that the 37 directions are implemented in its letter and spirit.
36. Apart from this SIDCO, Industrial Estate, Ambattur and Ambattur Industrial Estate Manufacturer‟s Association were also directed to implement the Solid Waste Management Rules, 2016 and Liquid Waste Management including Effluent Treatment Plant within their industrial area in an effective manner. This Tribunal also directed the Tamil Nadu Pollution Control Board to monitor the implementation of Solid Waste Management Rules, 2016 and the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and also by the Hon‟ble Apex Court in Paryavaran Suraksha Samiti vs Union of India & Others reported in (2017) 5 SCC 326. Since detailed directions were given in that case, we are not reiterating the same in this case to avoid repetition. In this case apart from the Korattur Lake, there are other lakes, namely, Ambattur, Madhavaram, Perumbakkam and Perukkaranai Lake which are having some connections as water from these lakes are likely to reach the other lakes as well.
37. It is seen from the report submitted by the Chennai Metropolitan Water Supply and Sewerage Board that they have taken some steps to implement the long term and short term measures to protect these water bodies, some of them are in the stage of calling for tender. Unless all these connected water bodies are protected against encroachment and pollution, any Piece Meal steps taken to remedy the situation in one lake alone, will not meet the purpose in an effective manner.
38. Further, some of the water bodies are situated within the jurisdiction of Panchayat and some of them are under the supervision of Water Resources Department. Though, this Tribunal had directed the Joint Committee to file the report in respect of these water bodies mentioning 38 about the nature of encroachments and discharge of untreated sewage and dumping of waste etc., , quite unfortunately, the Joint Committee has not filed the report so far, though the Joint Committee was appointed as early as on 18.08.2020. Further, Water Resources Department and the District Collector also did not file any independent reports regarding the nature of steps taken to identify encroachments and remove the same from their side.
39. As regards the encroachments are concerned, since the Hon‟ble High Court of Madras has already taken cognizance of the issue and several directions were being issued, this Tribunal feels that a direction can be given to the authorities to take steps to remove the encroachment and protect the water body against encroachment and pollution subject to the orders, if any passed or to be passed by the Hon‟ble High Court of Madras in pending matters and that it will meet the ends of justice.
40. As regards making the lake pollution free by avoiding discharge of untreated trade effluent or untreated sewage, this Tribunal can very well issue direction to the local bodies and the regulators, like Chennai Metropolitan Water Supply and Sewerage Board to take immediate steps to complete the Underground Sewage Scheme and connect all sewer lines to the Underground Sewage Scheme and divert the same to the sewage treatment plants before it is being discharged into the water body. If there is any possibility of longer time required for implementation of Underground Sewage Scheme, then they will have to find out the short term measures for diverting the sewage to the treatment facility and after treatment, the same will have to be discharged into the water bodies, so that the water quality in the lake can be maintained and make it pollution free. Apart from expressing displeasure for failure of the Government 39 officials for not filing the report in spite of several opportunities given without knowing their responsibility of protecting environment as mandated under Article 48(A) of the Constitution of India, it is high time for the Tribunal to direct the Chief Secretary to Government, State of Tamil Nadu to identity such cases where reports were not filed due to the lethargic attitude on the part of the officials who are not cooperating with the other officials who have been made as part of the Joint Committee and after identifying such persons take appropriate action on the departmental side, so that that will be a lesson for others to strictly implement the directions issued by this Tribunal especially when the matter relating to environment, as it is a primary responsibility of the State to implement or otherwise they will be failing in their constitutional obligation of protecting environment as envisaged under Article 48(A) of the Constitution of India
41. It is time and again reiterated by this Tribunal both Principal Bench and Southern Bench that it will be difficult for the Courts/Tribunal to monitor the discharge of statutory obligations by the regulators perpetually and it is for them to take pro-active steps to discharge their statutory obligation in an effective manner, so as to fulfil their onerous responsibility of protecting environment which is required for providing better health to the people.
42. In the result, the Original Application is disposed of with following directions:-
i) The Chennai Metropolitan Water Supply and Sewerage Board, Greater Chennai Corporation, Water Resources Department, Tamil Nadu Pollution Control Board and the District Collectors 40 of Chennai, Chengalpattu, Kancheepuram and Tiruvallur District are directed to strictly implement the directions issued by this Tribunal in O.A. No. O.A. No. 268 of 2016 (Korattur People‟s Welfare & Association Trust vs. Government of India and others) by Judgment dated 01.07.2022 and also the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 regarding the implementation of Solid Waste/Liquid Waste/Other Waste Management apart from removal of encroachment to protect the water body against encroachment and pollution.
ii) The District Collectors of Chennai, Chengalpattu, Kancheepuram and Tiruvallur Districts in coordination with the Water Resources Department and the respective local bodies are directed to identify the encroachments of the water bodies within their jurisdiction , especially in five water bodies, namely, Korattur, Ambattur, Madhavaram, Perumbakkam and Perukkaranai Lake apart from taking steps to remove the encroachment in other water bodies and take steps to protect the water bodies against pollution and encroachment by providing bio-fencing and creating green cover to avoid future encroachment and this direction will be subject to the directions already issued and to be issued by the Hon‟ble High Court of Madras in the pending matters and other Public Interest Litigation before the Hon‟ble High Court of Madras relating to removal of encroachment and rejuvenating and restoring the water bodies to its original position.
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iii) The Chennai Metropolitan Water Supply and Sewerage Board is directed to carry out the implementation of Underground Sewage Scheme in the respective areas within their jurisdiction and till that is implemented, they are directed to find out short term measures in consultation with the Tamil Nadu Pollution Control Board to divert the sewage generated in areas uncovered with the Underground Sewage Scheme and take it to the treatment plant and get it treated before it is discharged into the water body after attaining necessary standard prescribed for such discharge as implementation of permanent measure will take long time and allowing pollution for such a long time in the water body will have adverse impact on the health of the people which cannot be permitted or tolerated.
iv) The Tamil Nadu Pollution Control Board is directed to monitor the implementation of the directions issued by this Tribunal in this case and also in various cases of similar nature in respect of protection of water bodies and if there is any violations found, then they are directed to take appropriate action against such persons/Institution/local bodies who are responsible for the same, including imposition of environmental compensation apart from initiating other penal action as contemplated under the respective statutes and they are also directed to implement the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and also by this Bench in several matters in dealing with implementation of Solid Waste/Liquid Waste/Other Waste Management in its letter and spirit and if there is any violation found, then they are 42 directed to take appropriate action against those erring local bodies including environmental compensation apart from initiating prosecution and other coercive action taken to enforce the environmental laws in its letter and spirit.
v) The areas where the lakes are situated within the Panchayat which are under the supervision of Block Development Officer, then the respective Block Development Officer is directed to look into the issue and if there is any assistance required for the village panchayat to implement the same, then they are directed to take appropriate steps to prepare a proposal and forward the same to the Government and get necessary sanction and got it implemented within their jurisdiction to discharge their constitutional obligation of protecting environment.
vi) The Additional Chief Secretary to Government for Municipal Administration and Water Supply, Director of Municipal Administration, the Director of Rural Development and Panchayat Raj are directed to look into the issue personally and if any proposals are pending with them for implementation of the Underground Sewage Scheme and implementation of Solid Waste/Liquid Waste/Other Waste Management Rules, then they are directed to take steps to expedite the same and provide necessary administrative and financial sanction to the proposals submitted, so that no proposal for protection of environment shall be stalled for a paucity of funds.
vii) The Chief Secretary to Government, State of Tamil Nadu, is directed to constitute a committee comprising of Additional Chief Secretary to Government for Municipal Administration 43 and Water Supply, Additional Chief Secretary to Government for Water Resources Department, Additional Chief Secretary to Government for Finance Department, the Principal Secretary to Government for Rural Development & Panchayat Raj and the committee is directed to monitor the implementation of the directions issued by this Tribunal in respect of implementation of Underground Sewage Scheme and implementation of Solid Waste/Liquid Waste/other Waste Management Rules and directions issued by the Principal Bench of National green Tribunal in O.A. No. 606 of 2018 and various directions issued by this Tribunal including O.A. No. 268 of 2016 (Korattur People‟s Welfare & Association Trust vs. Government of India and others) by Judgment dated 01.07.2022 and other matters relating to protection of water bodies and if there is any gap found, then they are directed to issue necessary directions to the respective stakeholders as it will have to be rectified and resolved in an effective manner, so that the directions issued by the Tribunal for protecting water body can be effectively implemented by the respective stakeholders in its letter and spirit.
viii) The above committee is directed to review on a monthly basis the various directions issued by the Tribunal in various cases of this nature relating to protection of water bodies, removal of encroachment and implementation of Solid Waste/Liquid Waste/Other Waste Management Rules periodically convening meeting with the respective stakeholders and give necessary guidelines and directions to 44 implement the same in its letter and spirit without fail and carry out the same in an effective manner thereby enable the Government to discharge its constitutional obligation of protecting environment in its letter and spirit. Before parting we wanted to express displeasure with various Government officials including the District Collectors of various Districts for their failure in filing the reports as Members of the Joint Committee or by filing independent reports, as stakeholder departments, namely, Water Resources Department, regarding the steps taken by them to identify the encroachment and remove the same and such latches cannot be simply ignored and that will be seriously taken into account by the Chief Secretary to Government and necessary action should be taken against such officials who have been found to be impertinent or deliberately did not submit the report to this Tribunal in this regard after calling for their explanation, so that such latches on the part of the Government officials will not repeated in future.
ix) The Additional Chief Secretary to Government for Municipal Administration and Water Supply is directed to file periodical report of the committee deliberations once in six (6) months, till the permanent measures of providing Underground Sewage Scheme and taking protective measures to safeguard the water bodies against pollution and encroachment is completely accomplished.
x) The Registry is directed to communicate this order to the official respondents including the Commissioner-Greater Chennai Corporation, District Collectors of Chengalpattu, 45 Chennai, Kancheepuram and Tiruvallur District, Chairman-
Tamil Nadu Pollution Control Board, Managing Director - Chennai Metropolitan water Supply and Sewerage Board, Director of Rural Development and Panchayat Raj Department, Director of Municipal Administration, Principal Secretary to Government Rural Development & Panchayat Raj, Additional Chief Secretary to Government for Municipal Administration and Water Supply Department, Additional Chief Secretary to Government for Water Resources Department and also to the Chief Secretary to Government - State of Tamil Nadu for their information and compliance of the direction.
xi) As and when the reports are filed, the Registry is directed to place the same before the Bench for consideration and issuance of necessary further directions, if any, required in this regard.
43. With the above observations and direction, the Original Application is disposed off.
Sd/-
.......................................J.M. (Justice K. Ramakrishnan) Sd/-
.................................E.M. (Dr. Satyagopal Korlapati) O.A. No.153/2020 26.07.2022, Sr. 46