National Green Tribunal
News Item Titled "Sewage Discharged ... vs The Principal Secretary To Govt. Of ... on 24 January, 2025
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
Item No.8:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Friday, the 24th day of January 2025.
[Through Physical Hearing (Hybrid Option)]
Original Application No.158 of 2024 (SZ)
IN THE MATTER OF
SUO MOTU matter is respect of news item
appearing The Times of India dated 24.03.2024,
titled "Sewage discharged into Cooum from
Mogappair bridge in broad daylight"
With
1) The Principal Secretary
Municipal Administration and Water Supply Department,
Government of Tamil Nadu,
Fort St. George,
Chennai - 600 009.
2) The Member Secretary
Tamil Nadu State Pollution Control Board
No.76, Anna Salai, Guindy,
Chennai - 600 032.
3) The Managing Director
Chennai Metropolitan Water Supply & Sewerage Board
No.1, Pumping Station Road,
Chintadripet, Chennai - 600 031.
4) Water Resources Department
Rep. by its Engineer - in - Chief,
PWD Estate, Kamarajar Salai,
Chepuak, Chennai - 600 005.
... Respondent(s)
For Applicant(s): Suo Motu.
For Respondent(s): Dr. D. Shanmuganathan for R1 & R4.
Mr. S. Sai Sathya Jith for R2.
Mr. Gautam S Raman for R3.
CORAM:
HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
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JUDGEMENT
1. The Principal Bench of the National Green Tribunal, New Delhi, took Suo Motu cognizance of a news item published in 'The Times of India' on 24.03.2024, titled "Sewage discharged into Cooum from Mogappair bridge in broad daylight" and registered the case as O.A. No. 359 of 2024 (PB). Subsequently, the matter has been transferred to this Bench and renumbered as O.A. No.158 of 2024 (SZ).
2. It was reported in the news item that in a blatant violation of regulations, a private tanker was observed discharging untreated sewage into the Cooum River from the Mogappair bridge at 11:30 AM on 23.04.2024. Despite significant public funds being invested to restore the river, it remains heavily polluted, largely due to the illegal discharge of sewage by private tankers and drains. Last year, the Central Pollution Control Board (CPCB) reported the Cooum River as the most polluted in the country.
3. It was further reported that since 2015, the Chennai River Restoration Trust (CRRT) has spent Rs.735 Crores to clean the river. Additionally, the Metrowater Department has invested Rs.193.25 Crores to plug 37 of the 40 sewage inlets, according to 2023 data, and has also built Rs.1.13 Crore-worth monitoring center to oversee licensed sewage tankers operating in the city. Though the Metrowater Department is responsible for tracking the movements of licensed sewage tankers through GPS, it faces challenges in doing so effectively, with its monitoring center only able to track one tanker at a time.
4. The news item contains a photograph of the tanker clearly depicting the discharge of sewage water from the tanker into the river. The news item also discloses that the tanker operators do not want to pay charges to the Metrowater Department to drop the sewage load in their decanting stations and therefore, they release it in water bodies.
5. Upon notice, the respondent authorities have entered appearance through their counsels and filed their respective pleadings.
Page 2 of 76. The Tamil Nadu Pollution Control Board (TNPCB) has filed a report dated 09.12.2024, stating that despite legal actions, the sewage discharge by tanker lorries into the water body/storm water drains continues. In this regard, they have issued a press release to curb such illegal discharge by the sewage tanker lorries in future.
7. It is further stated in the report that the news item mentioned location was inspected by the TNPCB officials on 30.08.2024 and it was observed that cameras were installed by the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) near the said location to monitor the illegal discharges of sewage into the water bodies. On further investigation, it was observed that the tanker lorry bearing Vehicle No.TN 28 AE 9246 owned by one Mr. Tamilazhagan discharged the bore well slurry into the Cooum river from Mogappair bridge on 23.03.2024 at 11.30 A.M. In this regard, the CMWSSB has imposed a fine of Rs.25,000/- for the same on 26.03.2024.
8. Further, the TNPCB has issued the following directions to the Transport Commissioner, Commissionerate of Transport & Road Safety, Chennai vide Proceedings dated 15.10.2024 under Section 33 A of the Water (Prevention and Control of Pollution) Act, 1974:-
"a. To direct the concerned Regional Transport Officers to cancel the Registration Certificate of the tanker lorry with Reg. No. TN 28 AE 9246 as per the Motor Vehicles Act, 1988 as amended for discharging bore well slurry collected from the nearby habitations and disposing the same into the Cooum river. b. To give a wide publicity about the cancellation of the Registration Certificate of the tanker lorry in the daily newspapers through concerned RTO so as to curtail the illegal disposal by the tanker lorries in the future."
9. The TNPCB has also made a communication to the CMWSSB dated 09.11.2024 and instructed to comply with the following directions already issued by the Board vide Proceedings dated 14.11.2022.
"i. All the local bodies falling under the purview of the Municipal Administration and Water Supply Department shall ensure that the lorries operated by private transporters or local bodies for the collection and disposal of sewage generated from the residential and commercial complexes shall have valid approval of the Municipal Administration and Water Supply Department.
ii. The vehicles to be utilized for the collection & disposal of sewage shall be fitted with GPS tracking arrangements so as to monitor the disposal of the sewage in the nearby STPs operated Page 3 of 7 by the Chennai Metropolitan Water Supply and Sewerage Board/local bodies in order to curtail illegal discharge into water bodies, and the records to ensure the genuine operation of the sewage tanker lorries shall be collected and kept under the custody of local bodies."
10. The Principal Secretary/Transport and Road Safety Commissioner has filed a report dated 23.01.2025 through the 4th Respondent, stating that to cancel the Registration Certificate of sewage tanker lorry Regn. No. TN28 AE 9246, owned by Mr. Tamilazhagan, for illegally disposing of borewell slurry, a show cause notice was issued by the Regional Transport Officer (RTO), Chennai (North West). However, the notice was returned unserved with the remark "addressee not available in the address", as the owner was found to no longer reside there. In accordance with this, the RTO, Chennai (North West), cancelled both the Registration Certificate and the Permit of the said sewage tanker lorry (Regn. No. TN28 AE 9246) through proceedings dated 13.01.2025. The relevant entries were made in the registers and the centralized VAHAN portal, ensuring that the vehicle's Registration Certificate and Permit are deemed cancelled, preventing any future transactions, including the issuance of a new permit.
11. The report further states that, as per the letter dated 22.01.2025 from the RTO, Chennai (North West), the vehicle's whereabouts remain unknown, as confirmed by the Motor Vehicles Inspector Gr. I, RTO, Chennai (North West). Notifications regarding the cancellation of the vehicle's Registration Certificate and Permit were sent to all RTOs, Unit Offices, and Check Posts across Tamil Nadu. Instructions were also issued to Motor Vehicles Inspectors, including those in the Enforcement Wing, to monitor the movement of the sewage tanker lorry (Regn. No. TN28 AE 9246) during vehicle inspections. If found, the vehicle is to be impounded, and a report is to be expedited to the office for the collection of unpaid taxes and penalties, amounting to Rs.96,155/-. Additionally, the RTO, Chennai (North West), has given wide publicity in daily newspapers regarding the cancellation of the Registration Certificate and Permit of the said sewage tanker lorry to raise awareness and prevent similar illegal sewage disposals in the future.
12. The Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB)/ Respondent No.3 has filed a report dated 20.05.2024, stating that the illegal sewer decanting lorry Page 4 of 7 mentioned in the news item was identified and taken into custody by the V5 Thirumangalam Police Station on the evening of 24.03.2024. Upon verification at the decanting location, it was observed that the lorry had discharged borewell sludge into the Cooum River. This was further confirmed at the site near Anna Nagar, where the borewell sludge was collected. The trip sheet of the vehicle for 23.03.2024 was also examined. Additionally, the vehicle's Registration Certificate was verified and found to permit only the transportation of water, not sewage. As per the Septage Management Regulations and Operative Guidelines 2023, the disposal of faecal sludge and septage into drains, open lands, water bodies, or any unauthorized location is subject to a fine of up to Rs.25,000 for the first offence. Since this was the first instance of the vehicle illegally discharging borewell sludge into the Cooum River, a penalty of Rs.25,000/- plus 18% GST (Rs.4,500), totalling Rs.29,500/-, was imposed on the lorry owner. The owner submitted an apology letter to the Board, assuring that such violations would not recur and agreed to pay the penalty. The penalty amount was also paid on 26.03.2024, as per Receipt No.23-24/Z07/1/17708.
13. It is further stated in the report that the sewage generated from households within the Corporation of Chennai limits is booked through the CMWSSB Dial for Sewer portal. The CMWSSB manages sewage collection through a total of 406 licensed sewer lorries, including 31 lorries operating in Area VII (Ambattur), which discharge at the designated Mogappair HT pumping station within Chennai limits. The CMWSSB has also furnished the details of the sewer lorry operation in Area VII in a tabular form.
14. The CMWSSB has filed yet another report dated 23.01.2025, stating that regular monitoring and strict penalties are being enforced on sewer tanker lorries found engaging in illegal sewage disposal into waterways. They have installed two CCTV cameras at Mogappair Bridge, which are being continuously monitored to prevent unauthorized sewage dumping into the Cooum River. During a routine inspection on 08.07.2024, the sewer lorry bearing Reg. No.TN 31 BE 3867 was found illegally discharging sewage into the SIDCO drain at Ambattur Industrial Estate. The vehicle was immediately seized, and a penalty of Rs.29,500/- was imposed in accordance with the Guidelines 2023. Additionally, the CMWSSB has identified multiple instances of illegal sewage disposal Page 5 of 7 and has imposed penalties on 13 sewer lorries at various locations within GCC operational areas. Consequently, the permits of five sewer lorries have been revoked by the respective RTOs.
15. From the above, it is evident that the TNPCB acknowledged continued instances of illegal sewage disposal and issued a press release to curb such violations. An inspection on 30.08.2024 confirmed that the vehicle bearing Reg. No.TN 28 AE 9246, owned by Mr. Tamilazhagan, was responsible for discharging the borewell slurry into the river. The TNPCB further directed the Transport Commissioner to cancel the vehicle's registration and publicize the action in newspapers.
16. Moreover, the report of the Principal Secretary/ Transport and Road Safety Commissioner confirms the cancellation of the vehicle's Registration Certificate and Permit through proceedings dated 13.01.2025.
17. The CMWSSB also reported that the offending tanker was seized by the police on 24.03.2024 and the vehicle's permit was limited to water transportation, not for sewage disposal. Consequently, the CMWSSB imposed a fine of Rs.25,000/-, as per the Septage Management Regulations and Operative Guidelines 2023, which the owner paid on 26.03.2024. The CMWSSB further detailed its monitoring mechanisms, including GPS tracking and CCTV surveillance at Mogappair Bridge, leading to penalties imposed on 13 additional tankers for similar offences.
18. Since the concerns raised in the newspaper report regarding the discharge of sewage into the Cooum River from Mogappair Bridge have been duly addressed by the official respondents, through actions such as seizing the vehicle, cancelling its permit and registration, and installing CCTV cameras for surveillance, no further adjudication is required.
19. However, this Tribunal underscores the importance of protecting water bodies from pollution and unauthorized discharges, including sewage disposal. Lakes, rivers, and canals are essential public resources that must be preserved to maintain ecological balance and ensure sustainability for present and future generations. It is the fundamental duty of the State and Local Authorities to enforce stringent measures, prevent pollution, uphold Page 6 of 7 environmental laws, and safeguard these natural resources from degradation.
20. In light of the above, the Original Application [O.A. No. 158 of 2024 (SZ)] is closed with the following directions:
(i) The TNPCB shall strengthen monitoring and enforcement efforts to prevent illegal sewage discharge, initiate strict prosecution for repeat offenders, and impose deterrent penalties on violators.
(ii) The CMWSSB shall enhance its monitoring system by incorporating real-time GPS tracking for all licensed sewage tankers to ensure their operations remain restricted to designated disposal sites.
(iii) Any violations shall lead to the immediate cancellation of registration and impoundment of the vehicle by the concerned Regional Transport Officer.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.158/2024 (SZ) 24th January, 2025. Mn.
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