National Green Tribunal
National Green Tribunal Southern ... vs The Government Of Tamilnadu Rep By Its ... on 7 October, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.5: BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 01 of 2020 (SZ) (Through Video Conference) IN THE MATTER OF: Tribunal on its own motion Suo Motu based on the News item in Dinamalar Tamil Newspaper, "Danger of spread of communicable disease as a result of dumping of Human wastes in Rainwater drain" .. Applicant(s) Versus | 1) The Government of Tamil Nadu, Rep. by its Chief Secretary, Govt. Secretariat, Fort.St. George, -Chennai-- 600 009. 2) The Secretary to Govt. of Tamil Nadu, Department of. Environment, Govt. Secretariat, Fort St, George, Chennai -- 600 009. 3) The Secretary to Govt. of Tamil. Nadu; Municipal Administration & Water Supply Department, Govt. Secretariat, Fort St: George, Chennai -- 600 009. 4) The Secretary to Govt. of Tamil Nadu, Health & Family Welfare Department, Govt. Secretariat, Fort St. George, Chennai -- 600 009. 5) The District Collector, Chengalpattu, District Collectorate Office, Chengalpattu -- 603 001. [1] 6) The Chairman, Tamil Nadu Pollution Control Board, Anna Salai, Guindy, Chennai -- 600 032. 7) The Commissioner, Pallavaram Municipality, 3°¢ Main Road, Pallavaram, Shastri Colony, Chrompet; Chennai -- 600 044. ... Respondent(s) Date of Judgment:.07.10.2020. CORAM: HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER For Applicant(s): Suo Motu by Court. For Respondent(s): Sri..S.N. Parthasarathi through M/s. Girija'for R1 to R5. Sri. C. Kasirajan through Sri. Ajith Kumar for R6. Sri. P. Srinivas for R7. JUDGMENT
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in Dinamalar Daily dated, 07.01.2020. under the caption "LOLLY BTOMTLIC) wes Biflo BLAaQEOS HGS@GloT pegn.#l?" (Danger of spread of communicable disease a result of dumping of Human wastes in Rain water drain).
[2]2. It is alleged in the newspaper report that septage is being mixed in the rain water drain and causing untold. health hazards in the locality in Ward No.12, Panner Selvam Nagar, 2 Street of Pallavaram Municipality. Though, complaints have been made no action has been taken by the authorities.
3. As per order dated 10.01.2020, we had constituted a Joint. Committee comprising of the District..Collector..of Chengalpattu, Commissioner, Pallavaram Municipality and a Senior Officer from Tamil Nadu Pollution
- Control Board to inspect the area in question and submit a report. The Tamil Nadu Pollution Control Board was designated as the Nodal Agency for co-ordination and for providing necessary logistics for.that purpose.
4. The case was. posted to 18.02.2020 for submission of the report. On 18:02.2020,.the matter.was adjourned to. 17.03.2020 for submission of the report and on 1.7.03.2020, this Tribunal-had considered the report of the Joint Committee which was extracted in Para 3 of the order:-
"3. When the matter came up for hearing today, the Joint Committee has filed unsatisfactory report which reads as follows:
"In this:regard, the Commissioner, Pallavaram:Municipality in his letter dated 14.02.2020 has' reported' that' the following unauthorized sewage connections in Pallavaram leading to the rain water drain.in Panner Selvam Nagar, Pallavaram were disconnected. (@) Thiru. Thangaraj, No.2, Pannerselvam Salai 2" street db Thiru. V. Kannan & Sudha; No.2, Kaveri street Gi) Arul Murugan Builders Plot, Pannerselvam Salai
(iv) Thiru. Dhanapal, No.5, Pannerselvam Salai [3]
(v) Thiru. Harikesavan, No.6, Pannerselvam Salai WD Thiru. Ganesan, No.1, Shanmugam Salai
(vi) Thiru. R. Ravi, Plot No.1, Azhagar Salai
(vii) Thiru. Shanmugam Velautham, No.4, Azhagar Salai
(ix) Thiru. N. Kandasamy, Nagalakshmi Salai
(x) Thiru. A. Karthikeyan, No.1, 2a/2, Nagalakshmi Salai To comply with.the Hon'ble NGT (SZ) order, the Joint Committee constituted by the Honble NGT (SZ) carried out inspection.of the said area where septage waste is being mixed in the rain water drain in Ward No.12, Panner Selvam Nagar, Pallavaram Municipality, Chengalpattu District on 15.02.2020.
Observations During the inspection of the said area on 15.02.2020. by the Joint Committee constituted by the Hon'ble NGT (SZ), it was ascertained that .1Q Nos. of above listed .unauthorized. sewage connections leading to the rain water drain in the said-area were removed by the Pallavarain Municipality (Photographs enclosed) and there-is no discharge of septage waste from Ward No.12, Panner Selvam Nagar, Pallavaram Municipality into the rain water drain."
5. After considering .the..same, this Tribunal had passed the following order:-
"4. It may be mentioned here that, though it was mentioned that 10 persons have been provided unauthorized sewage connections which has now been removed, they-have not mentioned as to what is the action taken by them for the illegal activities committed by those persons for discharging. the septage waste into the drain unauthorizedly which ultimately reaches the Velacherry lake.
5, Though it was mentioned in the last hearing date by the counsel appearing for the Pallavaram Municipality that he will also file an action plan on the basis of the inspection report for the remedial measures to be taken to solve this problem, but such a report is not forthcoming from the municipality, though they were also members of the Joint Committee appointed by this Tribunal.[4]
Although steps have been taken to stop the discharge of septage from the houses of those persons, they have not mentioned as to what was the alternate steps taken to divert this and dispose of the same.
6. They have also not mentioned as to whether this has caused any impact on the Velacherry Lake and whether they have tested the water quality in the lake as well.
7..When such a serious problem has been projected in the newspaper report, on the basis of which this Tribunal has taken Suo Motu proceedings, the responsible members of the committee are expected:to provide a detailed report regarding these'aspects and also provide the remedial measures that have been taken by them 'to provide a permanent solution to avoid such things being repeated in future. Such.an attitude has not been shown by the committee members while submitting the report which was expected from them by this Tribunal.
8. So under'such circtimstances, we'direct the committee to file-further detailed report.regarding the.action plan for avoiding such things in future to protect.the Velacherry Lake and also action taken againstthe violators for illegal discharge of septage waste into the rain.water drain which ultimately.reaches the Velacherry Lake. . If the lake has been affected on account of the illegal activity, what are the remedial. measures suggested to improve the water quality of the Velacherry Lake.
9. The committee is also directed to examine the water quality of the lake showing..all..parameters including Total Coliform and Faecal Coliform if any, exist in, the water in excess of the quantity provided, then what are the remedial measures to be taken to restore the water quality in the lake.
10. We grant further period of.one month time to the committee to file further action taken report containing all the above facts mentioned, otherwise the committee members will have to appear before this Tribunal in person and explain as to why such irresponsible reports are being filed."
[5]6. The case was posted to 15.05.2020 for filing further report. On 15.05.2020, it was adjourned to 29.05.2020 by notification and on 29.05.2020, at the request of the members of the committee the matter was adjourned to 31.07.2020 for consideration of the report and on 31.07.2020,..it was adjourned to 16.09.2020 by..notification. On 16.09.2020, it was adjourned to today for submission of the report at the request of the members the committee.
7. When the matter came up for hearing today through Video Conference, Sri. S.N. Parthasarathi through M/s. Girija represented respondents 1 to | 5, Sri. C. Kasirajan through Sri. Ajith Kumar represented 6™ respondent and Sri. P. Srinivas represented 7" respondent.
8.,:In pursuant to the order dated 17.03.2020, Joint Committee has submitted a further report which reads as follows:-
"Inspection Report of the Joint Committee constituted by the Hon'ble National:Green Tribunal (Southern.Zone) in its order dated 10.01.2020 and 29.03.2020 in O.A. No.01 of 2020(SZ), taken on its own motion Suo Motu on the:basis of the newspaper report published in Dinamalar Daily dated 07.01.2020..under the caption "Danger of spread of communicable disease a result of dumping of human wastes in rain water drain
1. Order of the Hon'ble Tribunal It is respectfully submitted that the Hon'ble National Green Tribunal ($Z), Chennai in its order dated 10.01.2020 in the matter of O.A. No.01 of 2020 has directed the following, "In the newspaper report it has been mentioned that septage waste is being mixed in the rain water drain causing untold health hazards in the locality in Ward No.12, Panner Selvam Nagar, 2™ [6] Street of Pallavaram Municipality. It is alleged in the report, that though complains have been made to the authorities the same thing continues for more than' two years and no effective action has been taken.
For this purpose we constitute a Joint committee comprising of (1) District Collector, Chengalpet (2) Commissioner, Pallavaram Municipality and (3) Senior Officer of Tamil Nadu Pollution Control Board and directed to inspect the area in question and submit a status action taken report in this regard to this Tribunal. within a month through e-mail at [email protected].
The Tamil Nadu Pollution Control Board will be nodal agency for this purpose; 'The Tamil Nadu Pollution. Control Board:is also directed to make necessary logistics available for this purpose."
Subsequently. in its order dated 17.03.2020° passed the following order "So under'such circumstances, we direct the committee to file further detailed report regarding thé'action plan for avoiding such things in future to protect.the Velacherry Lake and also action taken againstthe violators for illegal discharge of septage waste into the rain.waterdrain which ultimately.reaches the Velacherry Lake. . If the lake has been affected on account of the illegal activity, what are the remedial. measures suggested to improve the water quality of the Velacherry Lake. The committee is also directed to examine the water quality of the lake showing all parameters. including Total Coliform and Faecal Coliform if.any,. exist in the water in excess of the quantity provided, then what are the remedial measures to be taken to restore the water quality in the lake.
We grant further period.of.one month time.to.the committee to file further action taken report containing all the above facts mentioned, otherwise the committee members will have to appear before this Tribunal in person and explain as to why such irresponsible reports are being filed.
The Registry is directed:te:communicate this order to the committee members by e-mail 'so'as to enable them to comply with the directions.
[7]The committee is directed to file the report to this Tribunal as directed through e-mail at [email protected] or by e-filing within that time."
2. Compliance of the Diréction It is respectfully submitted that in due compliance of the said Hon'ble National Green Tribunal direction, Tamil Nadu Pollution Control Board has requested the members of the joint committee to come for inspection of the area in question. Accordingly, the members of the joint committee have carried out the.inspection of the Ward. No.12, Panner Selvam Nagar, 2™ Street' of. Pallavaram Municipality on 27.07.2020 and 28.07.2020. Further, surface water sample from the Keelkattalai Lake, confltience point of the rain water drain from the above said area was collected so as to ascertain in present water quality in the said water body.
3. About Pallavaram Municpality It is respectfully submitted' that Pallavaram Municipality is located in.the Southern limits of Chennai Metropolitan City. The total extent of Urban local body (ULB) is 18.01 Sq.Km. and fells in the jurisdiction ef Chengalpet District. The population of the municipality as per 2011 census.2,15,142.00. The municipality has 42 wards. As the local body is in the periphery of Chennai City. It is linked. with. road, train.and all communication facilities at par with Metropolitan City.
4. Present status of sewage management by the Pallavaram Municipality It is respectfully submitted that Pallavaram Municipality is provided with underground seweragé system with sewer network in an,.extent of 258.30 KM, covering the entire,.42.wards..of the municipality and the sewage collected from the entire municipal area is transported through closed pipeline to the CMWSSB operated sewage treatment plant at Perungudi which is being periodically monitored by the Tamil Nadu Pollution Control Board. The said sewerage system has 8 pumping stations and entire sewerage scheme was completed on 31.12.2018 and in operation from 10.01.2019.
5. Action taken by the Pallavaram Municipality [8] It is respectfully submitted that Pallavaram Municipality in its letter dated 14.02.2020 and 30.07.2020 has reported that previously sewage generated from the houses in the said area is disposed through tanker lorry. Now' after the implementation of the underground sewerage scheme, all the houses are connected to the Municipal Underground Sewarage System. On inspection of the said area (by the local body) as per the direction of the Hon'ble NGT, ten houses who have been. discharging of sullage water in the said rain water drain were disconnected and then said violators were served with notices under Section 34, 35, 35, 41, 44, 45 and 134 (1) under the*Public Health Act, 1939 and added that action willbe taken against the violators (if any) and ensured that there will not be any discharge of sullage/septage waste in the said water drain in future.
6. Joint Inspection of the Committee The Joint committee as constituted by the.Hon'ble. National Green Tribunal (SZ) inspected the area in question on 27.07:2020 and 28:07.2020.
7. Observations by:the Committee:
During the time.of inspection, the committee, observed. the following There. is no discharge of sullage/septage waste in the rain water drain. 'in... Ward'.12 . of. Pannerselvam'. 2™ Street, Pallavaram Municipality from the said area in question.
The said rain water drain may finally: léads to' Keelkattalai Lake and its overflow finally reaches Pallikarani Marsh Land. There is no proper rain water drain network from Ward 12 of Pannerselvam 24 Street, Pallavaram Municipality Lake:
Water sample was collected at. Keelkattalai Lake and the, report of analysis of the water sample collected is tabulated below along with the remarks.
There is no possibility of reaching of rain water from the said drain to Velacherry Lake at any point of time since the Velacherry Lake is located at about 6 Km in the..upstream side (Map showing the location of the Velacherry Lake with regard to the location of the said site is shown below) [9]
8. Collection of water sample to ascertain the quality of water in the Keelkatalai Lake In due compliance of the orders of the Hon'ble National Green Tribunal, water sample was. collected from the Keelkattalai Lake on 27.07.2020. a Statement showing the value of the physic chemical parameters analysed SI... | Parameters Units Point of | TNPCB No. Collection Standards (Inland Surface Keelkattalai Water)"
Lake 1 pH@25°C No. 8.83. 5.5-9 2 Total Suspended | mg/L 14 100 Solds @ 105°C 3 Fotal Dissolved | mg/L 860 2100 solids @ 180°C 4 BOD @ 27°C mg/L 8 30 3 COD mg/L 72 250 6 Copper as'Cu mg/L <0.033 3 7 Zinc as Zn mg/L <0.01 1 8 Cadium'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 Gr | mg/L <0.05 2 12 | Hexavalent mg/L <0.05 0.1 Chromium Cr° 13 | D.O. mg/L |} 6.6 5 mg/l and above Statement showing the value of the Bacteriological parameters analysed SI. Parameters Units Point of | Primary No. Collection Water Quality Keelkattalai | Criteria for Lake Bathing waters [10] prescribed by Central Pollution Control Board Total Coliform | MPN/1 00 130 500 or less mil Faecal Coliform | MPN/100 <1.5 500 ml (desirable) 2500 (maximum permissible) The report of analysis-of the water sample collected:from the said water body reveals that the Physico chemical parameters analysed satisfy the. inland surface water standards prescribed by:the Board. Furthermore, the water samples. collected from the Keelkattalai Lake analysed for Bacteriological parameter (Faecal Coliform) meets the primary water quality criteria for bathing waters prescribed by Central Pollution Control Board.
9, Recommendations:
Based on the above observation. the Joint Committee submits the following recommendation before the Hon'ble National Green Tribunal (Southern Zone) 01, The municipality shall ensure that there will,not be any discharge of sullage/septage waste into the rain .water'drain in Ward 12 of Pannerselvam 2™ Street of Pallavaram Municiaplity at any point of time.
02. The municipality shall take necessary follow up action on the said violators and levy environment compensation / fine under Local body Acts within a month time.'
03. The municipality shall monitor the area in question and ensure that the sullage/septage waste generated from the area in question is properly collected and disposed off properly through the underground sewerage system.
04. The municipality shall carry out periodical maintenance including removal of blockage in the existing sewer line if any so as to provide smooth flow of sewage in the sewer line."[11]
9. It is seen from the report that septage is not being mixed with the storm water drain and the Pallavaram Municipality has implemented the Under Ground Sewage System and these are connected to all their wards.
10. Further, they have also taken water samples from the Keelkattalai Lake and found that the water quality is within the parameters and there is no contamination. Further, they have also mentioned..in the report that since the Velacherry Lake is situated about 6 Kms on upstream side from this place, there is no possibility of drain water reaching the Velacherry Lake. So, there is no possibility of any contamination being caused to.the Velacherry Lake on account of any of the operations in this area. They have also given certain recommendations for future guidance of the municipality to follow.
11. So under such .circumstances, there. is.nothing survives in the matter and the application can be closed with the following directions.
(i) The Joint Committee report signed on 15.09.2020 submitted by the committee is recorded.
Gi) The Pallavaram Municipality is directed to adhere to the recommendations made by the Joint Committee in its letter and spirit to avoid such things recurring in future in that area.[12]
12. With the above directions and observations, this application is disposed of.
sececcececceccecsecescecescseceees J.M. (Justice K. Ramakrishnan) ee eee E.M. (Shri. Saibal Dasgupta) O.A. No.01/2020(SZ), 07" October, 2020. Mn.
[13]