National Green Tribunal
Olympia Techpark (Chennai) Private ... vs State Of Tamil Nadu Represented By Its ... on 19 February, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
1
Item No.23
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
O.A.No.133 of 2016 (SZ)
IN THE MATTER OF:
Olympia Techpark (Chennai) Pvt Ltd., .. Applicant
Vs.
State of Tamil Nadu & others ... Respondent(s)
Date of hearing: 19.2.2020
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For applicant : Mr. K. Muralidharan
For Respondent(s) : . Mr. M. Mani Gopi for R1, R2, R4 to R6, R9 & R13
Mr. Abdul Saleem
Mr. Saravanan
M. Akshaya for R3, R10 & R11
ORDER
The grievance in this application is regarding the illegal dumping of waste and not keeping the dumping yard and land fill in a scientific manner. It is alleged in the petition that the solid waste dump yard and land fill of respondents 9 and 10 are situated in Survey No.147/1G, S.No.147/1G2. According to the petitioner when the applicant purchased the property, the dump yard was not there within their vicinity. So according to the petitioner, it is situated in a residential area. Respondents 9 and 10 are not having any "authorization" to handle the solid waste in that area as per the Municipal Solid Waste Management Rules, 2000. They do not have the necessary garbage treatment as well. On account of the unscientific manner in which 2 the garbage is being treated causes untold hardship and it is likely to affect not only the ecology but also cause pollution to the nearby waterbodies like Adyar river and other lake. The garbage waste collected are dumped in this area and it is not being properly treated which resulted in affecting environment and causing health hazard. This Tribunal has suo motu taken proceeding in respect of Adyar river as O.A.No.262 of 2013.
2. So the petitioner filed this petition, seeking the following relief:
"Permanently restrain the 9th and 10th respondents from carrying out garbage ad solid waste storage, processing and disposal in any manner from S.No.147/1G, .No.147/1G-2 Thiruneermalai,Chennai without first obtaining the prior Environmental Clearance authorization under Municipal solid Wastes (Management and Handling Rules), 2000 and other permissions from the concerned authorities as mandated by law.
Direct the 9th & 10th respondents to close down the offending garbage and waste disposal facility at S.No.147/1G, S.No.147/1G-2 Thiruneermalai, Chennai in/from a residential area, and carry out in a place approved and demarcated by the 5th & 7th respondent for such activity. A direction to the respondents - Government authorities/Departments to issue the necessary permission to the 9th & 10th respondents to start storage and disposal of garbage and solid wastes elsewhere away from the existing S.No.147/1G, S.No.147/1G-2 and any residential area at/from Thiruneermalai Town and carry out such activity only after strict compliance of all the mandatory requirements of law and so after hearing the grievances of the local residents, stakeholders including the applicant herein Direction causing the 9th & 10 respondents to set right the environmental and ecological damage occasioned by their wilful acts of violation of law n non-abidance to the orders of this Hon‟ble Tribunal passed in Application No.262/2013 dated 20.11.2013." 3
The petitioner also produced certain photographs along with the petition, showing the pathetic condition of the landfill neighbouring Adyar river.
3. The matter was taken up on 12.7.2016 and the Tribunal has passed the following order.
"We have heard the learned counsel appearing for the applicant as well as respondents. As per our earlier direction, the Executive Officer of Thiruneermalai Town Panchayat is present before the Tribunal. He has explained that for the past 11 years dumping of Solid Waste is being carried out in the place just adjacent to the banks of Adyar River, which according to the counsel for the applicant, is 30 meters away. It appears that there has been certain construction put up by the Town Panchayat for the purpose of segregation and treatment of Solid Waste and as per Executive officer, out of 9 tons of solid waste generated per day within Thiruneermalai, after segregation, 1 ton is being sent for recycling, 2 tons are being sent for making manure and the rest of the waste is being dumped in the aforesaid place for the past many years and it is true that the land filling area is adjacent to the river bank. He also submits that a proposal is being made for the purpose of having a cluster approach for the disposal of solid waste by joining adjacent Town Panchayats and in this regard, a suggestion is made in choosing a place called Keerapakkam which is 15 kms away from Thiruneermalai. If such proposal has been sent, the 4th respondent - the District Collector shall process the same and pass appropriate orders within a period of two weeks from today. In the event of such proposal not available, we direct the 10 th respondent - Thiruneermalai Town Panchayat to send the proposal within a period of one week from today and on receipt of such proposal, the 4 th respondent, District Collector shall process the same and pass appropriate orders within a period of two weeks thereafter.
Eventhough the learned counsel appearing for the applicant based on certain information, would submit that Thiruneermalai Town Panchayat is brought under the jurisdiction of Greater Chennai Corporation, the officer of the Corporation,who is present, would submit that Thiruneermalai is not covered within the jurisdiction of Greater Chennai Corporation as per the G.O. In such view of the matter, we are of the 4 view that the presence of the 7th and 8th respondents is not necessary for the adjudication of this case.
We have directed the batch cases relating to Municipal Solid Waste (MSW) to be posted on 09.08.2016 and all Districts are directed to be represented on that day. The Executive Engineer, Solid Waste Management Department of Greater Chennai Corporation, who is present, has produced a brief note on the status of the Solid Waste Management Projects undertaken by the Corporation and various packages submitted to the Government and the Government has directed to go ahead with the process of appointment of consultant for preparing detailed feasibility reports and to call for tenders. In this regard, inception report has already been submitted by the consultant.
In such view of the matter, we are of the view that the Greater Chennai Corporation also should be present on the next date of hearing of MSW batch cases. The status note on Solid Waste Management Projects filed by the Greater Chennai Corporation shall form part of the record.
We also direct the Tamil Nadu State Pollution Control Board (Board) who is the 3rd respondent herein, to inspect the present place of dumping in Thiruneermalai through the 11th respondent - District Environmental Engineer and file a status report. The Board shall file the status report one week before the date of next hearing by serving advance copy to the learned counsel appearing for the applicant."
4. The case was taken up on 12.5.2017 along with other connected maters in respect of the same issue and passed the following order:
"We have heard learned counsel appearing for the applicant as well as respondents. In our order dated 25.04.2017, we have granted interim injunction against the 7 th respondent Gudalur Municipality from dumping waste/ garbage and burning the same in 3.10 acres of land in Survey No.195/2A, having R.S.No.1281 at the 27th Mile of Upper Gudalur, Gudalur Village pending disposal of this application.
After hearing the learned counsel certain startling points are revealed viz., originally the garbage within the jurisdiction of the Gudalur Municipality were dumped in the forest lands 5 situated in Survey No.750, 813/1 and 813/2 of Gudalur Village which is the subject matter of dispute in Application No.190 of 2015 and later at Nelliyalam/Chellavoyil which is an extent of 1 acre. There appears to have been some agitation by the people and therefore the municipality has stopped dumping waste in Nelliyalam and thereafter the Municipality appears to have dumped in another area viz., Kuruthukolly, Chellukkadi of Padamthorai Village which is situated within the limits of Devershola Panchayat, Gudalur Taluk, Nilgiris District which is again the subject matter of dispute in Application No.209 of 2015. This Tribunal vide our order dated 16.12.2015 taking note of the fact the said land also forms part of the Forest, has directed the Municipality not to dump any waste at Kuruthuklly, Chelukkadi of Padanthurai Village. Thereafter, it appears that the Municipality has switched over to the present site in Survey No.195/2A, Upper Gudalur, Gudalur Village, as a temporary measure. By virtue of the interim order dated 25.04.2017, the Municipality is not able to dump in the Upper Gudalur also.
The Commissioner of Gudalur Municipality, who is present in the Tribunal, submits that in respect of the place at Padanthurai, „online‟ application was made to the MoEF & CC for granting permission under the Forest (Conservation) Act, 1980 to use the area for non forest activity viz., dumping of waste.
Mr.Syed Nurullah Sheriff, learned counsel appearing for the MoEF & CC, on instructions, submits that no such application has been received at the Regional Office at MoEF & CC, Chennai as on date. It is clear that the „online application‟ stated to have been made for the site at Padanthurai which is a permanent solution for establishing Solid Waste Management facility for Gudalur Municipality is in a preliminary stage. It is the duty of the Commissioner, Gudalur Municipality to immediately refer to the District Forest Officer, Gudalur to find out the position in respect of the said application and take appropriate action for the purpose of 6 processing the application through the DFO and the authority concerned under the Forest (Conservation) Act viz., Nodal Officer in the office of Principal Chief Conservator of Forests, Tamil Nadu, Chennai.
The Commissioner, Gudalur Municipality submits that within the municipal limit on an average 19 MT of solid waste is generated every day and according to her as on date by virtue of the interim order passed in these cases, the Municipality is unable to dispose of the waste in the manner known to law. However, she states that out of 19 MT., 5 MT. of recyclable waste is sent to Coimbatore which is 150 km away from Gudalur as the said material is non biodegradable. According to her, 5 MT. of bio degradable waste is sent to Ooty for composting and Ooty is 50 km away from Gudalur. Therefore, disposal of remaining 9 MT is a big problem for the Municipality.
There are newspaper reports that are published almost every day that the waste is thrown on the roads and in the surroundings. Most of the area being Forest Wild animals including Elephants are attracted by the thrown out food materials wrapped in the plastic carry bags and the animals consume the same resulting in fatality which is a routine affair in Gudalur and Nilgiris.
We have to take note of the fact that in Application No.86 of 2017, the applicant himself states that he is a Watchman cum Supervisor in Silver Cloud Estate and it is a portion of the site in the Estate which has been chosen for disposal of waste as a temporary measure. Eventhough the learned counsel appearing for the applicant in Application No.86 of 2017 would vehemently contend that the said area is being in the lower stage by virtue of the dumping of waste in the upper portion, there is a possibility of sliding of the waste including leachates to the lower reaches particularly during rainy season, we are unable to accept the contention of the counsel that the applicant is affected by the interim measure taken by the Municipality. It is 7 relevant to note that at every stage when a Municipality takes action for the purpose of choosing a place for solid waste disposal, it has become a practice for the people to oppose the same. There must be a solution for this big problem particularly in hilly areas such as Gudalur, Nilgiris.
Considering the larger interest of the public and protection of environment and wild animals we are of the view that the interim order granted in Application No.86 of 2017 dated 25.04.2017 is to be modified. Accordingly, the said order stands modified to the following effect.
1. The Municipality shall not use the entire 3.10 acres of land in R.S.No.1281, at the 27th Mile of Upper Gudalur, Gudalur Village but shall restrict use of the area only to an extent of 1 acre and the entire land is to be cordoned of and fenced properly so as to avoid interference by the animals.
2. The said arrangement is only a temporary measure and as soon as a permanent place is allotted in the manner known to law, the municipality shall remove all wastages, which are put at the site as a temporary measure and restore the site at their cost.
3. Regarding the alternative place at Padanthurai, we direct the Commissioner of Gudalur Municipality to expedite the process by contacting the Forest officials and inform the same by filing appropriate Status Report on the next date of hearing.
We direct the District Environmental Engineer, Tamil Nadu Pollution Control Board, Nilgiris to visit the place concerned and identify one acre of land and pass appropriate orders. Application No.209 of 2015
As the applicant in Application No.209 of 2015 Mr.Madayya, Son of Putta Maistry has stated in his affidavit dated 05.01.2016, there appears to be some alternate land available in 8 Gudalur itself to an extent of 12.65 acres in Survey No.744/1 and 745/172 and another 6.50 acres in Survey No.108 at Anachathakolly. The Commissioner of Municipality along with District Collector may also find out the feasibility of the said area which can be utilised in the event of passing adverse orders by the Forest Department regarding Padanthurai as an alternate place.
Application NO.133 of 2016 The Executive Officer of Thiruneermalai Panchayat has filed reply after serving copies to the learned counsel appearing for the other side.
The Executive Officer of Thiruneermalai Town Panchayat who is present in the Tribunal and submits that as a temporary measure, the solid waste is being dumped adjacent to the Thiruneermalai Main Road in the extent of 0.20 cents as a temporary measure and it is not connected with the Survey No.147/1G or 147/1G2 which is the subject matter of dispute in this Application. It is admitted that the Town Panchayat has not obtained any authorisation or permission from the Pollution Control Board. Therefore, we direct the Executive Officer to immediately make „online‟ application to the Pollution Control Board in respect of temporary arrangement and on receipt of such application, the Board shall depute one of the officials for inspection and pass appropriate orders. The process shall be completed within 10 days from today. The Status Report shall be filed on the next date of hearing. Application No.37 of 2012
In Application No.37 of 2012, the Government Pleader shall file proper affidavit stating about the time limit required for the purpose of completion of restoration and the area in which restoration is to be effected and the exact amount allotted by the Government by producing the documents by the next date of hearing.9
The Executive Officer, Thiruneermalai Town Panchayat shall also file the Status Report as per the direction dated 21.04.2017.
The Commissioner, Municipal Administration, concerned Commissioners/ Executive Officers of Municipalities, Panchayath, Officers including the Commissioner, Ooty Municipality and of TNPCB shall be present on the next date of hearing."
5. On 14.9.2017 the matter was again taken up and individually considered and the following order has been passed.
"We have heard learned counsel appearing for the parties. Even though it is the case of the 10th respondent Thiruneermalai Town Panchayat that a permanent compound wall has been put up, it is disputed by the learned counsel appearing for the applicant that only a small stretch has been put up.
If we refer to the authorization granted by the Tamil Nadu State Pollution Control Board dated 27.06.2017 which is valid for a period of one year, the conditions clearly show that the compound wall all around shall be maintainedto avoid the entry to stray animals inside the compost shed and carry overof waste to the surrounding by them and compound wall all around shall be provided at the disposal site in Survey No.89.There are other conditions also with which the said authorization has been granted by the Board.
In view of the dispute raised by the learned counsel appearing for the applicant, we direct the District Environmental Engineer (DEE), Tamil Nadu State Pollution Control Board, Maraimalai Nagar to inspect the place concerned and find out the actual physical feature which shall include about the existence of the compound wall as per the conditions of the authorization. The District Environmental Engineer, Maraimalai Nagar 10 shall also ensure that all the conditions with which the authorizations are granted, are complied with. While inspecting the place, the DEE shall give notice to the applicant as well as the 10th respondent Thiruneermalai Town Panchayat and the report shall be filed on the next date of hearing and the DEE shall be present on the said date to explain the position.
In so far as it relates to the Survey No.147/1G2 authorisation has been granted by the Board on 27.06.2017. The learned counsel appearing for the Board makes it clear that the Board has not granted authorization in respect of Survey No.147/1G. The learned counsel appearing for Thiruneermalai Town Panchayat on instructions from the Executive Officer would also submit that there is no proposal in so far as it relates to Survey No.147/1G. The said statement is recorded.
Post this application for filing reply by DEE, Maraimalai Nagar on 21.09.2017."
6. Again it was taken up on 21.9.2017 and inspection report was considered and the following order was passed:
"The learned counsel appearing for the Tamil Nadu State Pollution Control Board has produced letter No.DEE/ TNPCB/MMN/ SWM/2017 dated 20.09.2017 addressed by the DEE, Maraimalainagar to Member Secretary, wherein it is stated that inspection was carried out as per the direction of this Tribunal on 14.09.2017 in the presence of Thiruneermalai Town Panchayat officials. In our order dated 14.09.2017, we have stated that the application for authorization ............... admittedly has not been given the finding in this affidavit. We reproduce the same:
During inspection the following were observed:
i) The Municipal solid waste management site Survey No.147/1G2 is bounded by Agriculture lands on the Eastern side, bank of Adyar River on the western 11 side, vacant land on the Northern side and Thiruneermalai to Thirumudivakkam Road on the Southern Side.
ii) Out of 9 T of Municipal Solid Waste generated per day 5.5. T is utilized for Bio compost and Vermi compost, 1.5 T (such as plastics, tyres etc.) are sent for recycling and the remaining 2 T of Municipal Solid Waste (inert and other material) is dumped on a land (Burial ground) bearing survey number 89 which is located about 2 Km from the existing compost yard 147/1G2.
iii) Survey No.147/1G2, where Municipal Solid Waste processing facility is carried out, is provided with concrete flooring and permanent compound wall in all directions as detailed below:
a) 39.9 m length and 1.6 m height compound wall on the Northern side.
b) 56.8 m length and 1.35 - 2.15 m height compound wall on the eastern side.
c) 45.8 length and 2.15 m height compound wall on the Southern Side.
d) 59.45m length and 1.68 - 1.72 m height compound wall on the western side
e) The 10th respondent Thiruneermalai Town Panchayat has filed the type set of papers after giving copies to the learned counsel appearing for the applicant. The applicant shall go through the same and give his response on this next date of hearing."
Thereafter, though the matter was taken up, no effective orders have been passed.
7. Respondents 3 and 11 filed reply statement stating that Thiruneermalai Town Panchayat is generating municipal solid wastes of around 9 MT/day which was collected through tractors and dumped in the nearby Thiruneermalai Town Panchayat compost yard located at Tiruneermalai Village. The said site was inspected on 1.8.2016. During inspection it was noticed that the unsegregated municipal solid waste dumped earlier by Thiruneermalai Town Panchayat may lead to ground water pollution, odour and air pollution problems etc. The land is bounded by agricultural lands in the eastern side, Adyar river bank on the western side, vacant land on the northern side and Thiruneermalai to Thirumuivakkam Road on the southern side. It is also mentioned in the report that during discussion with the officials of Thiruneermalai Town 12 Panchayat, it was learnt that dumping/compost yard was utilized by Thiruneermalai Town Panchayat for the disposal of municipal solid waste collected from that area. They are dumping garbage in the said land for the last so many years. It is situated adjacent to petitioner's land on the eastern direction and 200 feet away on the northern direction. There is a proposal for the purpose of having a cluster approach for the disposal of solid waste by adjoining town panchayats and in this regard a suggestion has been made in choosing a place with Keerapakkam Village which is 15 kms away from Thiruneermalai. The petitioner filed an additional affidavit and produced certain photographs which shows that the waste and garbage that has been dumped were set to fire and smoke is emanating from that area.
8. Tamil Nadu Pollution Control Board has filed status report dated 18.4.2017 which reads as follows:
"The Thiruneermalai Town Panchayat is generating the Municipal solid waste of around 9 Mt/day.
The municipal solid waste generated in the Thiruneermalai Town Panchayat area was collected through tractors and dumped in the nearby Thiruneermalai Town Panchayat compost yard located at Survey No.147/1G2 of Thiruneermalai Village, Alandur Taluk, Kancheepuram District.
The land Survey No.147/1G2 of Tiruneermalai Village, Alandur Taluk, Kancheepuram District belongs to Tamil Nadu Government Land. The total area of the land is 1.16 acre. Out of 1.16 acre (or) 50529 sq.ft. 26000 sq.ft has been utilized for segregation, Vermicomposting and Bio composting.
The Executive Officer, Thiruneermalai Town Panchayat, Thiruneermalai stated that out of 9 MT of Municipal Solid Waste generated per day within Thiruneermalai, after segregation, 1.5 MT is being sent for recycling and 5.5 MT is sent as manure and the rest of the un-segregasted 13 municipal solid waste dumped in nearby crematorium open place, Thiruneermalai Town Panchayat.
The site is bounded by M/s. Olympia Tech park (Chennai) Pvt. Ltd., lad & agriculture land in the eastern side. Adyar River on the western side, vacant land of Thiruneermalai Town Panchayat on the Norther side and Thirumudivakkam road on the southern side. Thirueermalai Town Panchayast has provided fencing with G1 sheet of length 130 m & height 20 feet along the western side where river Adyar is flowing. Thiruneermalai Town Panchayat has provided stone fencing of 6 ft height & 60 ft. length along the northern side of existing dumping yard beyond which a open space of about 200 ft length is left vacant by the Thiruneermalai Town Panchayat M/s. Olympia Tech Park (Chennai) Pvt. Ltd., is located beyond the vacant land left by Thiruneermalai Town Panchayat. During inspection of the site on 10.4.2017 it is ascertained that the segregation of Municipal Solid Waste is being carried out in the land bearing Survey No.147/1G2. The segregated bio degradable waste (5.5T) is being disposed in the same premises for bio-composting and vermicomposting. Te segregated other wastes such as plastics, tyres etc (nonbiodegradable - 1.5 T/day) are sent to recyclers. The excess unsegregated wastes of 2T/day is taken to crematorium land located at about 2 Km from the existing compost yard. During inspection it was observed that about 200T of unsegregated Municipal Solid Wste were dumped and leveled in the crematorium site."
9. Tenth respondent filed reply stating that the waste collected from 18 wards of Thiruneermalai Town Panchayat were dumped in Survey No.147/1G2 in an area of nearly 1.16 acres for nearly 12 years , as there was no other dumping site available. It was an open vacant site and the town panchayat were dumping segregated decomposable wastes. There is no intention of their staff to violate any of the Rules. According to them, petitioner has not come to 14 court with clean hands. Applicant filed an application for the construction of a school building. But Chennai Metropolitan Development Authority has refused permission, reserving the presence of land fill is close to that area and that it is an urban ceiling land. They are not dumping waste in the notified/regulated area of Archeological Survey of India. Nearly 7 tonnes of garbage is being cleared daily on a routine basis in all the 18 wards of their panchayat. They have raised a compound wall on four sides of the compost yard at the mouth of Adyar river. Cement flooring has been done in order to avoid seepage or leachate in to the ground and mixing with the river. The cement concrete acts as impervious layer and hence there is no question of leachate mixing with Adyar river. They have further stated that they have proposed to have bio mining work as per the directions of the Tribunal. Further, dumping of waste is stopped in that survey number. They have made a request to District Collector, Kancheepuram to provide an alternate site. District Collector has given permission for alienation of land of about 20 acres for nearly 8 town panchayats and 10 acres for 13 towns at Survey No.99/1 which is classified as Kallankuthu in Keerapakkam Village, Chengalpet Circle, Kancheepuram District
10. Tamil Nadu Pollution Control Board has filed status report dated 10.7.2017 which reads as follows:
"It is respectfully submitted that the application filed by M/s. Olympia Techpark (Chennai) Pvt. Ltd., No.1, SIDCO Industrial Estate, Guindy, Chennai - 600032 has filed an Application No.133 of 2018 (SZ) before the Hon‟ble National Green Tribunal, Southern Zone, Chennai regarding dumping of solid waste, stocking and burning of garbage in an open air landfill on the bank of Adyar River at Thiruneermalai by the Thiruneermalai Town Panchayat near to their land in Survey No.147/1G2 of Tiruneermalai Vilage, Alandur Taluk, Kancheepuram District. 15 The Hon‟ble NGT (SZ) in its order dated 12.5.2017 has directed the Executive Officer to immediately make online application to the Pollution Control Board in respect of temporary arrangement and on receipt of such application, the Board shall depute one of the officials for inspection and pass appropriate orders. The process shall be completed within 10 days from today. The status report shall be filled on the next date of hearing. Based on the Hon‟ble NGT (SZ) order the Executive Office of Thiruneermalai Town Panchayat has filed an application for Municipal Solid Waste Authorisation under Solid Waste Management Rules, 2016 on 245.2017. Based on that and as per the direction of the Hon‟ble NGT(SZ) the said site was inspected on 25.5.2017. During inspection it was noticed that out of 9T of Municipal Solid Waste generated per day 5.5 T is utilized for bio compost and vermi compost, 1.5 T (such as plastics, tyres etc) are sent for recycling and the remaining 2T of municipal solid waste (inert and other material) is dumped on a land (burial ground) bearing survey No.89 which is located about 2 KM from the existing compost yard 147/1G2. Further, on scrutiny of the application filed by the Executive Officer of Thiruneermalai Town Panchayat, it was observed that certain additional particulars are required to be submitted to process the application for authorization. Hence, the Thiruneermalai Town Panchayat has been requested to furnish detailed project report on Municipal Solid Waste Management Plan for Thiruneermalai Town Panchayat consisting of details of Thiruneermalai Town Panchayat, collection of municipal solid waste details about processing sites, facilities at the site, composting facility, land filling facility, pollution prevention, water quality monitoring, ambient air quality monitoring and plantation of the processing site.
The Hon‟be NGT(SZ) in the order dated 6.5.2017 stated that it relates to Thiruneermalai Panchayat. In our order dated 12.5.2017. We have directed the Thiruneermalai Panchayat to file online application forthwith for the purpose of dumping as a temporary measures adjacent to 16 Thiruneermalai Main Road in an extent of 0.20 cents. Which is not connected to survey No.147/1G2 which is the subject matter of this application.
The Executive Officer who is present in the Tribunal, has submitted that he made an application on 24.5.2017 even though our order was dated 12.5.2017. He also stated that certain clarifications have been called for from the Tamil Nadu State Pollution Control Board and the clarification will be answered properly within a period of 3 days. We make it clear that within a period of 3 days tie, if the necessary particulars are not furnished to the Board, the Tribunal may have to impose cost on the Executive Officer of the Thiruneermalai Panchayat. On compliance, the Board shall pass appropriate orders within a period of 3 weeks thereafter and file a status report on the next date of hearing. Status report shall also be filed by Thiruneermalai Panchayat.
Based on the Hon‟ble NGT (SZ) order dated 26.5.2017, the Thiruneermalai Town Panchayat had submitted the additional particulars with detailed project report on 31.5.2017. Based on the application, the solid waste management and disposal sites are inspected on 5.6.2-017 & 14.6.2017. Inspection report along with recommendation submitted to the Joint Chief Environmental Engineer (M), Chennai Region, Tamil Nadu Pollution Control Board o 15.6.2017 for issue of authorization for the processing site and disposal site under Solid Waste Management Rules, 2016 subject to the conditions:
In view of the above the Joint Chief Environmental Engineer (M), Chennai Region, Tamil Nadu Pollution Control Board has issued authorization to Thiruneermalai Town Panchayat, S.F.No.147/G2 and SF No.89 of Thiruneermalai Vilage, Pallavaram Taluk, Kancheepuram District to set up and operate waste processing and disposal of solid wastes of 9/T/day generated from the above said Town Panchayat (Area Extent of 1.16 Acres at S.F.No.147/1G2 and 20 cents at S.F.No.89 on the terms and conditions vide reference vide references third cited 17 above. Authorisation No. Proceedings JCEE/(M) TNPCB/CHN/MSW-F No.435/2017 dt.27.6.2017 valid upto 26.6.2018.
It is respectfully submitted that the Hon‟ble NT (SZ) order dated 3.7.2017 directed to file the status report along with the authorization report and to state about the each survey no‟s and details about the composing yard and land flits and kin what condition authorization letter has been issued.
It is respectfully submitted that the Thiruneermalai Town Panchayat has applied for Solid Waste Management Authorisation for S.No.147/1G2 )1.16 acres) to set up and operate waste processing like bio compost and vermin compost ad disposal of solid waste at S.No.89. It is respectfully submitted that in the Survey o147/2019 it was noticed that out of 9T of municipal solid waste generated per day, 5.5T is utilized for bio compost and vermin compost 1.5 T (such as plastics, tyres etc) are sent for recycling.
The Solid Waste Management Authorisation has been issued to the Thiruneermalai Town Panchayat for both survey numbers vide Authorisation No. Proceedings JCEE(M)TNPOCB/CHN/MSW-F No.436/2017 dt.27.6.2017 for Survey No.147/1G2 (1.115 acres) to set up and operate waste processing like Bio compost and vermin compost based on the terms and conditions (including the standard to comply) in Annexure 1 and Annexure II (SpeciaConditionNos.1,2,4,6,7,8,9,10,11,12,13,14,15,16,17,18,19,21,23,24,25,26,27,28,29,30,3 1,32,33,34,35,36,37,38,29,40,41,42,43,44 & 45) and Survey No.89 (20 cents) for disposal of solid waste based o the terms and coditions mentioned in the Annexure - II (Special Condition Nos.3,5,6,15,19,20,22,23, 25,26,27,28,29,35,37,38,39 & 41."
11. It is seen from various status reports that some work has been done. But the photographs produced by petitioner shows that the condition is still pathetic. After Solid Waste Management Rules, 2000, Solid Waste Management Rules, 2016 have come into force. The 18 Principal Bench of this Tribunal in O.A.No.606 of 2018 has given direction to the State Government to implement the Solid Waste Management Rules, 2016 in its letter and spirit and monitor the same. But that will not prevent this Tribunal from proceeding with the same, as any further direction given by this Tribunal will only supplement the direction given by the Principal Bench for the implementation of the Rules in an effective manner.
12. Learned counsel appearing for the petitioner submitted that in all the reports they have mentioned about Survey No.147/G2 and they are silent about Survey No.147/1B. Learned counsel appearing for Pollution Control Board submitted that earlier it was Survey No.147/1G and subsequently it was sub divided into Survey No.147/1B1 and 147/1B2 and dumping is being done only in Survey No.147/1B2. They have taken permission from Pollution Control Board to do the disposal of solid waste in Survey No.147/1B and the activities are being done in the said survey number alone. There is another landfill which is situated at Survey No.89 which is 500 meters away from Adyar river. Learned counsel appearing for the Town Panchayat submitted that they are doing work for composting unit to reduce the possibility of pollution and also undertaken bio mining for the disposal of legacy waste already dumped in that area and that is in progress.
13. However, considering the circumstances, we feel it appropriate to appoint a joint committee comprising of District Collector, Chengalpet and Pollution Control Board to inspect the area and ascertain the present status and the steps taken by the panchayat to implement the Solid Waste Management Rules, 2016 and also to comply with the directions issued by the Principal Bench in O.A.606 of 2018 from time to time. The committee is also directed to ascertain as to whether any dumping activity is being done, any waste dumped is kept untreated in Survey No.147/1G1 and what are the steps taken by the panchayat to remove the same or dispose of the same as per the Rules. Committee is also directed to ascertain whether any environmental damage is likely to be caused on account of the present status of the 19 dumping ground and if so what are the remedial measures taken by them to remediate the situation and also assess environmental compensation as well. They can also evolve an action plan for the disposal of the legacy waste with shorter time line in consultation with the panchayat. They shall also inspect the landfill site in Survey No.89 of the same village and submit the status and action taken report in respect of that land fill as well. Pollution Control Board will be nodal agency for the purpose of coordination and providing logistic support for this purpose. The committee shall complete the task and submit the report within a period of three months to this Tribunal through e-mail at [email protected]. Registry is directed to communicate this order to the above officials through e-mail so as to enable them to comply with the direction.
For consideration post on 28.5.2020.
.........................................J.M. (Justice K. Ramakrishnan) .........................................E.M. (Saibal Dasgupta) O.A.133/2016 19.2.2020 kkr