National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Government ... on 31 January, 2023
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 113 of 2021 (SZ)
a/w
I.A. No. 58 of 2022(SZ)
&
Original Application No. 133 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion Suo Motu
Based on the news item published in The Times of India Newspaper,
Chennai Edition, Dated 27.04.2021,
Under the caption "Dumping of garbage in Thalambur Lake:
Locals write to District Collector"
With
1. The Principal Secretary to Government,
Public Works Department,
Govt. Secretariat, Fort St. George,
Chennai - 600 009.
2. The Secretary to Govt. of Tamil Nadu,
Department of Environment & Forests,
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009.
3. Additional Chief Secretary to Govt. of Tamil Nadu,
Rural Development and Panchayat Raj Department,
Fort St. George,
Chennai, Tamil Nadu - 600 009.
4. The Chairman,
Tamil Nadu Pollution Control Board,
No.76, Anna Salai, Guindy,
Chennai, Tamil Nadu - 600 032.
5. The District Collector,
Chengalpet District,
Collector Office, GST Road,
Chengalpattu - 603 001.
6. Thalambur Village Panchayat,
Rep. by its Secretary, Panchayat Office,
Thazhambur Main Road, Thazhambur,
Chengalpet - 600 130.
7. Rural Development and Panchayat Raj Department,
Rep. by its Director,
Panagal Building, Chennai- 600015.
8. Engineer in Chief (Water Resources Organisation)
and Chief Engineer (Genral),
Public Works Department,
Chepauk, Chennai- 600005.
1
9. Arihant Heirloom Flat Owners Assocaitions,
Rep. by its Authorised Signatory,
Mr. S. Kannan,
Sl. No. 80/9, Arihant Heirloom Flats,
Thalambur Road, Thalambur,
Navalur Post, Kancheepuram District- 603 103.
10. Adroit Thazhambur Flat Owners Association,
Rep. by its Authorised Signatory,
Mr. Azhagu Kumaran,
Sl. No. 80/8, Adroit Districts,
Thalambur Road, Thalambur,
Navalur Post, Kancheepuram District- 603 103.
...Respondent(s)
And
Tribunal on its own motion Suo Motu
"VCK leader joins chorus against Illegal dumping of medical waste."
With
1. The Chief Secretary to Government of Tamil Nadu,
Govt. Secretariat, Fort St. George,
Chennai - 600 009.
2. The Principal Secretary to Government,
Public Works Department,
Govt. Secretariat, Fort St. George,
Chennai - 600 009.
3. The Principal Secretary to Government,
Health and Family Welfare Department,
Govt. Secretariat, Fort St. George,
Chennai - 600 009.
4. The Secretary to Govt. of Tamil Nadu,
Department of Environment & Forests,
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009.
5. Additional Chief Secretary to Govt. of Tamil Nadu,
Rural Development and Panchayat Raj Department,
Fort St. George,
Chennai, Tamil Nadu - 600 009.
6. The Principal Secretary to Govt. of Tamil Nadu,
Highways and Minor Ports Department,
Govt. Secretarait, Fort St. George,
Chennai, Tamil Nadu - 600 009.
7. Tamil Nadu Highways Department,
Rep by its Director General,
NO.76, Sardar Patel Road,
Guindy, Chennai- 600025.
8. The Chairman,
Tamil Nadu Pollution Control Board,
No.76, Anna Salai, Guindy,
Chennai, Tamil Nadu - 600 032.
2
9. The District Collector,
Chengalpet District,
Collector Office, GST Road,
Chengalpattu - 603 001.
10. The District Collector,
Kancheepuram District,
First Floor, Collectorate,
Kancheepuram - 631 501.
11. Kelambakkam Village Panchayat,
Rep. by its Secretary,
Panchayat Office, OMR Road,
Main Road, Kelambakkam,
Kancheepuram- 603 103.
12. Mudhichur Village Panchayat,
Rep. by its Secretary,
No. 11, Panchayat Office Road,
Mudichur, Thomas Malai,
Kancheepuram- 600048.
13. Mevalurkuppam Village Panchayat,
Rep. by its Secretary,
Mettu Street, Mevalurkuppam,
Sriperumbudur,
Kancheepuram- 602105.
...Respondent(s)
O.A. No. 113 of 2021(SZ)
For Appellant(s): Suo Motu
For Respondent(s): Dr. D. Shanmuganathan for R1 to R3 & R5.
Ms. Aarti for Mr. Sai Sathya Jith for R4.
Ms. Bhargavi Kannan for R9 ad R10.
O.A. No. 133 of 2021(SZ)
For Appellant(s): Suo Motu
For Respondent(s): Dr. D. Shanmuganathan for R1 to R7, R9 & R10.
Ms. Aarti for Mr. Sai Sathya Jith for R8.
Judgment Reserved on: 04th January, 2023.
Judgment Pronounced on: 31st January, 2023.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member 3
1. The above two applications are registered suo-motu based on the newspaper reports regarding the dumping of the garbage. O.A. No. 113 of 2021 relates to the news item reported in Times of India dated 27.04.2021 under the caption "Dumping of garbage in Thalambur Lake:
Locals write to District Collector" and O.A. No. 133 relates to news item reported in Times of India dated 08.06.2021 under the caption "VCK leader joins chorus against Illegal dumping of medical waste at Kelambakkam" has triggered the suo motu action.
2. The newspaper reports alleged that indiscriminate dumping of garbage is being done in Thalambur lake for the past three years, not stopping with just dumping, the miscreants set fire to it causing air pollution as well.
The lake is said to be attracting migratory birds and it can also be converted into a biodiversity sanctuary. However, the above act of dumping garbage and setting it on fire would disturb the fragile ecological balance in that area.
3. Similarly in O.A. No. 133 of 2021, it is stated that biomedical is being collected and not being disposed in a scientific manner by taking it to the biomedical waste processing facility but instead mixed with the other domestic waste and dumped in the general dumpyard causing huge concern of health for the people in the locality.
4. This Tribunal had constituted a Joint Committee to ascertain the genuineness of the allegations made in the newspaper report which included (1) the District Collector, Chengalpet District, (2) the Superintending Engineer of Public Works Department & Water Resource Organization and (3) a Senior Officer from the Tamil Nadu Pollution Control Board. The Committee was directed to find out whether any garbage is being dumped, if so, the quantum of legacy waste lying there and to detect the persons responsible for the same and also to access the environmental compensation, if any, for the damage caused to the water body. Further the Committee was directed to ascertain the quality of water by taking samples from the water body and if it is found to be contaminated, to suggest the remedial measures to be taken to restore the water quality to its original position.
5. In O.A. No. 133 of 2021 the Tribunal had directed the Tamil Nadu Pollution Control Board and the District Collector of Chengalpattu and Kancheepuram District to file their independent report regarding the 4 allegations made in the newspaper in their respective areas of their jurisdiction and also the manner in which the biomedical waste is being generated and dealt with.
6. The Block Development Officer (BDO), who is the 9th respondent in O.A. No. 133 of 2021 had filed his report. It is stated garbage in Sy. No. 80/4 of Thalambur Village Panchayat is at a distance of about 30 meters from Thalambur Lake and it is now shifted to Kolathur dumping yard. As of now no garbage is being dumped there and furnished the photographs to show the same. The report further states that an alternate site had been identified for storing the garbage into the Sy. No. 143 to an extent of 05 acres in land in Thazhambur Village Panchayat.
7. Pursuant to the order passed by this Tribunal in O.A. No. 606 of 2018, it is stated that micro composting centres of 2.0 MT capacity and Rs. 36 lakhs worth about scheme, namely, Plastic Waste Management Unit for which the administrative sanction had been given by the District Collector on 25.08.2021. After the implementation of the scheme the total garbage collected will be segregated into biodegradable and non-biodegradable and would be resourced for manure.
8. Similarly, the Divisional Engineer, Construction and Maintenance, which is the 7th respondent in O.A. No. 133 of 2021 has filed his affidavit wherein he has stated that the location of DLF housing complex at Thalambur is far away from the Highway maintained road of km 28/4 of Chennai-Mamallapuram road to Karanai H/C road and it is 500 meters away from Rajiv Gandhi Salai. It is stated that the Highways Authorities have inspected the locations during which time as informed by the public the medical waste were removed from the said locations.
9. The State Pollution Control Board, who is the 8th respondent also has filed a report dated 21.09.2021. The said report mentions about the action taken on the newspaper report published in the Times of India on 08.06.2021 regarding the illegal dumping of the medical waste. It is found by the Pollution Control Board that solid waste along with the biomedical waste was found dumped in a private patta open land near XS real Apartment-Helios City, Padur Village, Tiruporur Taluk and the said site falls under the administrative jurisdiction of the Commissioner/BDO, Tiruporur Panchayat Union. About 41 kg of biomedical waste dumped in the said area was segregated from the solid waste, collected in plastic 5 bags and sent to M/s GJ Multicalve India Pvt Ltd., for further treatment and disposal. The solid waste found in the said site was removed by Padur Village Panchayat by their dedicated vehicle.
10. According to the inspection report of the Pollution Control Board, the 03 numbers of bedded Health Care Facilities (HCF) and 10 numbers of non- bedded health care facilities which are in operation in the said area have already obtained permission from the Tamil Nadu Pollution Control Board under the Biomedical Waste Management Rules, 2016. The Padur Village Panchayat has population of 5,710 and generates solid waste about 2T/day and is not having solid waste processing facility for handling the solid waste generated in their village panchayat area. The Pollution Control Board has assessed the Environmental Compensation for a period of 16 months from April, 2020 to July, 2021 to the Padur Village Panchayat for not segregating the waste and not properly disposing the same under the Solid Waste Management Rule, 2016. The Tamil Nadu Pollution Control also issued show-cause notices under section 5 of the Environmental Protection Act, 1986.
11. Regarding the newspaper item published on 19.06.2021 about the biomedical waste dumped in residential zone in Chennai near the DLF Housing Complex, Thalambur, an inspection was conducted by District Environmental Engineer, Tamil Nadu Pollution Control Board which noticed that used gloves of about 05 kg was found dumped in the said area in question. The gloves were removed and handed over to M/s G.J. Multicare India Pvt. Ltd. The inspection conducted further revealed that out of 13 numbers of non-bedded HCFs and 01 number of bedded HCF are in operation and 05 of the HCFs are not having one time authorization under the Biomedical Waste Management Rules, 2016 in Thalambur area. In view of the same the Tamil Nadu Pollution Control Board had issued directions for closure and disconnection of power supply under Section 5 of the Environmental Protection Act, 1986. After the above referred 05 HCFs had obtained one-time authorization under the Biomedical Waste Management Rules, 2016, the Tamil Nadu Pollution Control Board had revoked the order of closure and restoration of power supply under Section 5 of the Environmental Protection Act, 1986.
12. So far as the Thalambur Village Panchayat is concerned there is population of 16,200 which generates 03T/day from its panchayat area. Curiously, the local body is not having solid waste processing facility for 6 handling the solid waste generated in the village panchayat area and it is dumped opposite to Srinivasa Nagar,Thazhambhur Village area. Here also the Pollution Control Board has assessed the Environmental Compensation for a period of 16 months and issued a show-cause notice to the Secretary of the Thazhambur Village Panchayat.
13. Pending O.A. No. 113 of 2021, I.A. No. 116 of 2021 was filed by Arihant Heirloom Flat Owners Association and Adroit Flat Owners Association to implead themselves in the application which was allowed on 16.08.2021 and they were impleaded as respondent nos. 9 and 10.
14. These associations are residential welfare associations of gated communities situated near Thazhambur Lake. These communities have more than 650 apartments and 1800 residents who have moved up from the city. These respondents have stated that the Thazhambur Lake is spread over 93 acres with a circumference of over 2,500 meters bounded on the north by the Thazhambur main road which connects Navalur. The Thazhambur Lake is now filled with water after the rains in 2020 after the desilting and bunding works done by Care Earth Trust. The surrounding areas of the Lake attracts many species of the birds ad small animals like rabbits, mongooses etc. The small trees and shrubs on the western side of the vacant land forms a breeding place for several migratory birds. The water replenishes the ground water in the adjacent areas, thus being the source of fresh water in the village of Talambur. The natural beauty of the Thazhambur Lake is destroyed by the indiscriminate pollution caused due to the dumping and burning of the garbage including the household waste, animal waste, dead carcass, industrial and biomedical waste by private individuals as well as the panchayat vehicles which leads to serious contamination of the fresh water lake.
15. The respondent nos. 9 and 10 further contended that as per the revenue records Sy. No. 80/4 is abutting the lake. As per the criteria provided under Solid Waste Management Rules, the waste management land fill cannot be located within 200 m from any water body. The undertaking earlier given by the revenue authorities to confine the dumping yard to 50 cents to be identified and earmarked for the said purpose was complied with. It is alleged by them that though the authorities undertook to dispose the waste in accordance with Solid Waste Management Rules, no such effort has been made. The segregation of waste also has not been undertaken at the Thazhambur Panchayat. A 7 complaint was launched by these respondents and the BDO responded that the garbage shall be removed but a permanent solution had to be worked out as the garbage was being dumped frequently on the same site. However, as no permanent action was clearly taken. In this regard, a complaint was also given to the District Collector Kancheepuram on 27.05.2018 for removal of the illegal dump yard that has come up close to the Thazhambur Lake. There also no action was taken. Even the meetings with the Thazhambur Gram Panchayat also went in vein.
16. The grievances of the respondent nos. 9 and 10 are that:
(i) There is no Micro Compost Centre facility planned for Thazhambur, which needs funds and manpower.
(ii) There is also the sand mining happening in the Thazhambur Lake, which should be addressed by the District Collector.
(iii) The periodic cleaning of the dump yard should also be done once in 15 days and maintained in the designated space and not spill all over the place available.
(iv) The dumpyard should be fenced so that restriction on outside vehicles coming into the dumpyard can be restricted.
(v) Installation of CCTVs cameras at relevant points to monitor illegal dumping should be provided.
(vi) The residents also had extended to volunteer and provide support on sustainable solid waste management practices if the micro composting centre is deployed in Thazhambur.
17. In the meanwhile the Joint Committee constituted by this Tribunal had filed a report dated 12.08.2021. The Joint Committee had inspected the location on 24.07.2021 and observed that the lake is surrounded by road and residences of Mullai Nagar in the eastern side, there is no discharge of sewage into the Lake from the residences located nearby, there is also no discharge of industrial effluent into the said lake, on the western side of the lake there was a municipal solid waste of about 03 tonnes was found in an extent of 50 cents of Government Land in Sy. No. 80/4 which is at a distance of 25m away from the lake boundary, the solid waste generated from the village panchayat is dumped in the said area in question and it is being transferred to the dumping site at Appur Village.
18. It was further observed that the local body is strengthening the bunds of the lake and deepening of the lake work was carried out with the help of the NGO, namely, Care Earth Trust during 2018 and it is maintained by 8 the Water Resources Department. The report further had reported that the waste collected from the village panchayat area is being collected by the panchayat sanitary workers using pushcarts and tractors. Considering the population of the Thalambur Village Panchayat which is 16,200 the interim Environmental Compensation of 15 lakhs has been levied for not segregating and properly disposing the solid waste generated in the said panchayat area and directed the compensation to be remitted by the Thazhambur Village Panchayat. The Joint Committee also has given the following recommendations:
i. The said village panchayat shall ensure 100% collection of solid waste being generated within its jurisdiction with proper segregation, door to door collection, processing and disposal by complying with the provisions of the Solid Waste Management Rules, 2016 within 03 months. ii. Total generation of Solid waste is 3.00 MT segregated biodegradable waste shall be composted by providing a Micro Composting Centre and non-degradable waste including plastic waste shall be collected and sent to cement factories for co processing.
iii. The local body shall provide Micro composting centre to handle the bio degradable waste generated within their village panchayat area within 3 months.
iv. The secretary, Thalambur Village Panchayat shall monitor and ensure that the local body is complied with the statutory requirements and for the scientific disposal of solid waste that are being generated in the local body. Furthermore, ensure that no solid waste is dumped in the said water body.
v. Tamil Nadu Pollution Control Board shall conduct periodical inspection of the site in question and ensure that the local body is complying with the provisions of the Solid Waste Management Rules, 2016 and the points as suggested by the Joint Committee.
vi. The said village panchayat shall remit the Environmental Compensation of Rs. 15 Lakhs for non-compliance of the Solid Waste Management Rules, 2016 as directed by the Hon‟ble Green Tribunal (Principal Bench) in O.A. No. 606 of 2018.
19. The respondent nos. 9 and 10 had filed an additional affidavit bringing out certain other facts. The affidavit specifically stated that Sy. No. 80/4, 80/5 or 80/6 cannot be used as a dump yard since all the three survey numbers are within 200 meters of the lake on the Karanai Highway. The present location of the dumpyard is also in violation of the Solid Waste Management Rules, 2016. The respondent nos. 9 and 10 were alleging only the action on part of the Talambur Panchayat. They have stated that the tractors belonging to the Talambur Village Panchayat was dumping fresh solid waste in Sy. Nos. 80/5 and 80/6. The security guard present, who was also employed by the village panchayat, was instructed to allow only panchayat tractors to dump the waste in those areas that too one or two times a day. On significant quantity of waste accumulating, it should be cleared within a month with the use of the JCB machines. The respondent nos. 9 and 10 specifically pointed that in spite of the direction given by the National Green Tribunal on 22.09.2021, the dumping of garbage in Sy. Nos. 80/4, 80/5 and 80/6 is continuing. In this regard, 9 the respondent nos. 9 and 10 also addressed letters to the Panchayat Secretary, Thazhambur Village and also the District Collector, Chengalpattu apprising them that the dumping of the garbage on the lake is continuing. Thus respondent nos. 9 and 10 are taking efforts to stop the dumping of the waste in Sy. Nos. 80/4, 80/5 and 80/6.
20. In the meanwhile, I.A. No. 58 of 2022 was filed by respondent nos. 9 and 10 under Section 19(4)(g) of the National Green Tribunal Act, 2010 seeking a direction to the other officials respondents to comply with the orders dated 22.09.2021 and 17.12.2021 and directed them to permanently cease dumping of the garbage on the banks of the Thazhambur Lake in the survey number referred above. The Tribunal has also expressed that DTCP, who is the incharge of Town and Country Planning/Local Planning Authorities should also impose conditions relating to the waste management while granting approvals and building permits. Even in their approval for the buildings, solid waste management should find place in the approval particularly when high raised buildings or gated communities with more number of residential units are granted building permits.
21. It was also suggested that the District Collector can with the help of the waste generators themselves, identify an alternative site and streamline dumping of garbage by ensuring segregation at source for which a Committee shall be constituted with all the stakeholders including the respondent nos. 9 and 10. As referred earlier, the BDO had stated that a micro composting centre with the capacity of 2.0 metric tons and plastic waste management unit for which also an administrative sanction has been accorded by the District Collector through his proceedings dated 25.08.2021. The said schemes are already put in motion in Sy. No. 143. In the meanwhile, the State Pollution Control Board seem to have issued notices to the violators under Section 19(a) of the Environmental (Protection) Act, 1986 against the Block Development Officer, Tiruporur Panchayat Union for not complying with the Solid Waste Management Rules, 2016. However, the outcome of the same is not known. In the meanwhile, there is also a complaint of sewage water being discharged into the storm water drain.
22. While so, the 9th respondent had filed an affidavit mentioning the steps taken by the Apartment Welfare Association (AWA) so far which are as follows:
10(i) There was a meeting with the Panchayat President on 11.06.2022 in which the difficulties faced by the residents of Thazhambur were highlighted which is on account of the dumping and burning of garbage around the Thazhambur Lake. The AWA also requested the BDO and revenue authorities to allocate a different parcel of land to shift the dump yard.
(ii) The District Collector was also requested to convene a meeting of all the concern stakeholders.
(iii) Another request was given to the local MLA, who was instrumental in bringing the issue of indiscriminate dumping in Thazhambur to the fore. The MLA has promptly proposed a meeting and extended invitation on 18.06.2022 to all the apartment complexes in the area.
A detailed meeting was held on 25.06.2022 where several representatives of the AWAs and housing complexes participated, expressing concern over solid and liquid waste management in Thazhambur. The meeting also discussed about the other civic amenities to be made available to the residents.
(iv) It is reported by the respondent nos. 9 and 10 that pursuant to the District Collector interventions, the dump yard was eventually shifted out of Sy. Nos. 80/4, 80/5 and 80/6 in July, 2022 and all the dumping activities have been ceased.
(v) The District Collector also had conducted a meeting on 24.11.2022 in the presence of Thazhambur Project Director, the Block Development Officer, Panchayat President, Ward Counsellors and the representatives of Apartment Complexes etc. Action taken by the stakeholders along with the authorities
(vi) The residents of the apartments and the residential complexes, who constitute 11% of the total population of the Thazhambur Village have undertaken a voluntary measure towards solid waste management and implemented the source segregation of the solid waste.
(vii) They have also undertaken segregation and recycling of organic kitchen waste.
(viii) The respondent no. 9 also has constituted a core green team to drive source segregation. The said team visits the nearby apartments also to study the segregation of waste and best practices adopted by them in a bid to further streamline the measures being implemented by the AWAs.
11(ix) It is to be noted that the AWAs have stopped issuing plastic bags in the grocery store within the respective apartment complexes and advisories have been issued in this regard to all the residents.
(x) Even e-waste segregation is being done in partnership with M/s Attero Recycling Pvt. Ltd.
(xi) The apartments have also installed bin at the facility manager‟s office for disposal of electric bulls and other e-waste. The e-waste collected will be cleared by the e-waste vendor periodically.
(xii) The core green team which was interacting with all the residential complexes in Thazhambur had established contact with the CSR wing of Bisleri and other NGOs for adopting the best practices on waste segregation.
(xiii) The recyclable waste disposal also being addressed by the AWAs by segregating them for collection by the waste management vendor. The dry waste collection from door to door has proved more effective as the community was able to recycle 30-40% more waste compared to earlier methods, whereunder the residents would simply deposit all recyclable waste in a dry waste in.
(xiv) The AWAs also had partnered with another NGO which undertakes disaster relief, humanitarian aid and community development across India. They were able to give away truck loads of clothes, toys, luggage etc., donated by them. The sewage water is also being treated by the STP installed within the apartment complex. The STP is constructed by the builder since there was no drainage system in Thazhambur. 100% of Sewage is processed and treated by the STPs and over 80% of the treated water is internally used to water the gardens, surrounding areas and plants. The remaining treated waste is hander over to the local contractors, who are the only contractors who collect treated liquid waste from apartment in the area ad they empty the treated water in government designated areas.
(xv) There are other voluntary initiatives also taken up by the AWAs towards protecting the surrounding environment and welfare of the local residents.
23. The summary of the key milestones achieved by the AWAs over the past one year has been set out in their affidavit which are as follows:
....57. As a community, the AWAs have embarked on Wet and Solid Waste segregation since March, 2022. The efforts of the residents have yielded wonderful results in the last eight (8) months. The key milestones achieved by the AWAs are:
a. Over 1.6 tons of wet waste (Vegetable & Fruit) delivered to local farm for further use.
b. Recycled over 0.75 Tons of recyclable waste such as plastic and cardboard.12
c. Recycled over 0.5Tons of E-waste.
d. Donated over 5 truckload of Clothes, Luggage, Toys, etc. to Goonj. e. Planted 1000+ palm trees around the Thazhambur Lake. f. 100% of water is recycled in STP and 90% is used internally for Garden areas.
g. Stopped issuing plastic bags in the local stores.
24. Like the 9th and 10th respondents in this case, there has been a sharp rise in the number of high raised buildings in almost all cities during the past few years, particularly, after the declaration of smart city scheme by the Government of India. While the business and management of infrastructure companies are concerned, they are established industries. However, when the high rise buildings of residential units are constructed the resident‟s welfare associations also face many challenges as owners of the apartments. While purchasing their unit in the high rise apartments the social, ethical and the legal aspect of the resident welfare association are not addressed in the right direction. While many of the apartments are offered security, hospitality, support services, house- keeping and technical services like lift, electrical power, pest control management etc., there is a little focus on the solid and liquid waste management of the waste generated from these apartments. As these welfare association functions through the elected body who normally volunteer to take up the position in addition to their professional activities. They are unable to spend very little or no time to understand the complexities involved in it.
25. In any apartment/condominium the resident welfare association are created for better coordination, living style and maintaining the harmony among the residents but discipline is given up to maintain social harmony. As we have been observing in several cases of this nature, it is found that there is always a problem in taking over the common area assets from the developer. When the building or promoter delays in delivery, the dissatisfied customers would take up the legal action against the builder. This is also taken advantage by the builders who are otherwise big corporate houses and develop lobbies among the buyers which would result in the problem of maintaining the common area facility. Thus, the major challenge faced in urban area is the problem related to solid waste management. Clearly, there is a huge gap between the waste generated and their scientific handling. It has become a habit or wrong done in most of these urban areas to dump the solid waste out of sight if possible with scant regard to its impact on ecology and environment degradation. To be noted is that to maintain the safety and security of the residents, Standard Operating Procedure has been 13 prescribed by the Government for the lift elevators, waste disposal, supply of potable water etc. The Government also has come up with strict compliance which have been controlled by various statutory bodies like Fire and Safety compliances, City and Town Development Authority, Real Estate Regulatory Authority, Apartment Ownership Act and also the State Pollution Control Board. Despite these authorities who are regulatory bodies, there is no coordination between the statutory bodies like Pollution Control Board, RERA, Fire and Safety and the DTCP as a result of which the apartment owners are also helpless in managing their associations. Unless they liaise with all these statutory regulators for reducing the complexities of the problems faced by them, particularly of the solid and liquid waste management, it would be difficult for them to address these issues in the right prospective.
26. The District Collector, Chengalpattu has filed his report dated 03.01.2023 wherein he has stated that on 24.11.2022 a meeting was convened to address the implementation of solid waste management at Thazhambur Panchayat. Nearly 10 Apartment Welfare Association, officials from Tamil Nadu Pollution Control Board, Local Panchayat Authorities, the Project Director, District Rural Development Agency and the Assistant Director of Panchayat participated in the meeting. The District Collector had informed that Thazhambur Village may be selected as a model village for implementation of the solid and liquid waste management, due to the fact that the memorandum of understanding signed with International Urban and Regional Cooperation and Hindustan Institute of Technology and Sciences to conduct a pilot study on „Waste on Energy‟.
27. The coordinators nominated by the District Authority will coordinate with Hindustan Institute of Technology and Sciences to prepare a schedule to finalize the concept and location of study. The number of persons living at those independent houses and the apartments will be taken into account in order to finalise the waste to energy/wealth. A database was prepared with an action plan having source segregation at each household as an essential part to manage the solid waste management at Thazhambur Village.
28. Similarly, an affidavit has been filed by the 9th and 10th respondent describing how they were able to achieve the waste management. The association had meetings with the Panchayat President, District Collector 14 and the local MLA. In July, 2022 they had successfully shifted the dump yard by the intervention of the District Collector out of the Sy. No. 80/4, 80/5 and 80/6 and cleared the dumping activities from the said survey numbers. The respondent nos. 9 and 10 themselves had spearheaded the development of a solid waste management system in the apartment complexes of the respondent nos. 9 and 10. The system works at grassroots level by incentivizing and educating all local residents to adopt eco-friendly waste disposal practice. The 1st voluntary measure undertaken by respondent nos. 9 and 10 towards solid waste management was to implement source segregation of solid waste. The households have been instructed to segregate the waste at source into the following categories (i) organic plant waste including fruit and vegetable waste, (ii) recyclable waste including cardboard boxes, plastic, glass, metal etc, and (iii) e-waste.
29. The organic plant waste is collected by a poultry farm to be used as animal feed and manure. The e-waste is also being collected by a recycling private limited. The e-waste vendor specialises in upcycling and recycling e-waste. The disposal of the recyclable waste like cardboard boxes, plastic etc., was given to an independent contractor who further segregates them into sub-categories like cardboard, paper, metal, plastic etc., and hands over the waste to a larger agency. The revenue earned from this larger agency is passed on as incentives to the housekeeping staff over and above their salaries.
30. Regarding the treatment of sewage, the same is treated by Sewage Treatment Plant installed within the apartment complex. These STPs were constructed by the builders since there was no drainage system in Thazhambur. 100% of sewage is processed and treated by the STP and over 80% of the treated water is used internally to water the gardens, surrounding trees and plants etc. The remaining treated water is handed over to local contractors, who collect treated waste from the apartments and take the treated water to the Government designated treatment plants. The 9th respondent also constituted a Core Green Team with their objective to drive segregation of waste. The team of 15 resident members visit the nearby apartments to study the segregation of waste and best practices to be adopted by them in a bid to further streamline the measures being implemented by respondent nos. 9 and 10. The respondent nos. 9 and 10 have also stopped issuing plastic bags in the grocery store within respective apartment complexes.
1531. In this case, the Thazhambur Apartment Association had successfully interacted with Thazhambur Village Panchayat, Block Development Officer, Panchayat President, Ward Counsellors and the District Collector in addressing these issues and we place on record our appreciation for the services extended by the authorities in fixing the problems of the welfare association as well as restoring the Thazhambur Lake which is an ecologically sensitive area. The MLA of the constituency is also to be appreciated for extending his help to the people of his constituency and steering them in a right direction. We also are of the opinion that the Thazhambur Village Panchayat can be taken as a model panchayat in the peri-urban areas in managing the solid and liquid waste generated by the residents and hope that the Apartment Welfare Association, which has done commendable work, continues the same and other associations can follow the steps to manage waste.
32. The above could be possible only because of the cooperation and coordination of the regulatory bodies. We direct the Thazhambur Village Panchayat to ensure that no sewage water is let out in any of the storm water drains and also to insist on the appropriate authority to have common STPs to address these issues permanently. The segregation of the waste at source should be the major voluntary action from each of the citizens which would by and large resolve the issue.
33. In view of the above discussions, the O.A. 113 of 2021 and O.A. 133 of 2021 are disposed of.
34. In view of the disposal of the above Original Applications, I.A. No. 58 of 2022 in O.A. No. 113 of 2021 also stands disposed of.
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) Internet - Yes/No All India NGT Reporter - Yes/No O.A No.113/2021(SZ)a/w I.A. No. 58/2022(SZ)& O.A. No. 133/2021(SZ) 31st January, 2023, (AM) 16 Before the National Green Tribunal Southern Zone (Chennai) O.A. No. 113 of 2021(SZ)a/w I.A. No. 58 of 2022(SZ) & O.A.No. 133 of 2021(SZ) Tribunal on its own motion Vs. The Principal Secretary, Government of Tamil Nadu and Ors.
O.A No.113/2021(SZ)a/w I.A. No. 58/2022(SZ)& O.A. No. 133/2021(SZ) 31st January, 2023. (AM) 17