National Green Tribunal
R. Radhakrishnan vs Public Works Officer Water Resources ... on 26 April, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.1: Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 265 of 2016(SZ)
IN THE MATTER OF:
R. Radhakrishnan
Mugaiyur Village & Post,
Cheyyur Taluk,
Kancheepuram District - 603 305.
... Applicant(s)
Versus
Public Works Officer
Water Resources Department,
Chepauk, Chennai and Ors.
...Respondent(s)
For Applicant(s): Dr. S. Padma.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R5 & R7.
Judgment Pronounced on: 26th April 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment.
Pending interlocutory application, if any, shall stand disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.265/2016 (SZ) 26th April 2022. SE.
Page 1 of 39
Item No.1: Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 265 of 2016(SZ)
IN THE MATTER OF:
R. Radhakrishnan
Mugaiyur Village & Post,
Cheyyur Taluk,
Kancheepuram District - 603 305.
... Applicant(s)
Versus
1) Public Works Officer
Water Resources Department,
Chepauk, Chennai 600 005.
2) The District Collector
Kancheepuram District,
Kancheepuram.
3) Revenue Divisional Officer
Maduranthakam Post,
Maduranthakam, Kanceepuram District.
4) Tahsildar
Cheyyur Taluk,
Kancheepuram District 603 305.
5) Block Development Officer
Lathur Union @ Pavinjur
Cheyyur Taluk,
Kancheepuram District 603 305.
6) Chairman of Union
Lathur Union,
Pavinjur 603 312.
7) Revenue Inspector
Koodur Firka, Koovathur
Cheyyur Taluk,
Kancheepuram District 603 305.
Page 2 of 39
8) Village Administrative Officer
No.121, Mugaiyur Village,
Mugaiyur Panchayat, Cheyyur Taluk,
Kancheepuram District 603 305.
9) President
Mugaiyur Panchayat, Lathur Union,
Cheyyur Taluk,
Kancheepuram District 603 305.
...Respondent(s)
For Applicant(s): Dr. S. Padma.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R5 & R7.
Judgment Reserved on: 12th April 2022.
Judgment Pronounced on: 26th April 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgement is allowed to be published on the Internet - Yes/No Whether the Judgement is to be published in the All India NGT Reporter - Yes/No JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member.
1. The grievances in this application is regarding illegal encroachments in the natural pond having an extent of 0.98 cents in S. No.258/1 belonging to Aadhikesavaperumal Temple, Mugaiyur Village and also in Vanchi Lake having an extent of 119.52 Acres in Survey Number 188 situated in Page 3 of 39 Mugaiyur Village, Cheyyur Taluk, Kancheepuram District (now in Chengalpattu District) affecting the free flow of water and also polluting the water in the pond as well as in the lake.
2. It was alleged in the application that the Survey No.258/1 belonging to Aadhikesavaperumal Temple was shown as 'Kuttai' in the revenue records. It was alleged in the application that in the Kuttai, one Muthu of Mugaiyur Village had encroached and constructed a concrete house thereby posing obstacle to the nature and environment. List of persons mentioned in the letter produced along with application addressed to the Water Resources Officer, Chepauk have encroached into the Vanchi Lake. Though several representations were made to the Officials, no action was taken. On account of encroachment into the water bodies, the natural flow of water has been affected apart from the storage capacity has been reduced thereby, the rain water could not reach the water body causing flood in the area. If the encroachments are removed and water body is restored, then it may minimize the cause of flood during monsoon season. According to the Applicant, these water bodies are shown as water bodies in the field measurement map, since, no action was taken by the authorities, the applicant has no other remedy except to approach this Tribunal seeking the following interim relief as well as main relief which are as follows:
"Interim Relief:
To stay the construction of building in Vanchi Lake area, Mugaiyur Village, Cheyyur Taluk, Kancheepuram District by the occupants. Unless interim relief is granted by this Honourable Tribunal the applicant would be put to great loss and hardships.Page 4 of 39
Main Relief:
To remove the encroachments in Kuttai to an extent of 0.98 cents, in Survey Number 258/1 belonging to Adhikesava Perumal Temple, Mugaiyur Village & in Vanchi Lake to an extent of 119.52 Acres in Survey Number 188 situated in Mugaiyur Village, Cheyyur Taluk, Kancheepuram District, for free flow of water into the Vanchi lake and protect the water bodies and pass such other further orders as this Hon'ble Tribunal may deem fit and proper and thus render justice."
3. As per Order dated 16.12.2019, this Tribunal observed that there is a duty cast on the state machineries and local bodies to protect the water bodies against the encroachment which results in reducing the area and affecting the flow of water indirectly affects the ground water recharge. This Tribunal also reiterated the directions issued by the Hon'ble Apex Court and various High Courts and this Tribunal regarding the responsibility of the State Government as well as Local Bodies and other Revenue Officials to protect the water bodies against the encroachment and there is a responsibility to remove the encroachment and restore the water body to the original position as protection and environment is a mandate on the State Government as contemplated under Article 48A of the Constitution of India.
4. Thereafter, this Tribunal appointed a Joint Committee consisting of (i) District Collector - Chengalpattu (as the present area falls within the jurisdiction of Chengalpattu District though it was within the jurisdiction of Kancheepuram District earlier), (ii) a Senior Officer from Water Resources Department of Public Works Department, Chennai and (iii) Officer from Tamil Nadu Pollution Control Board to inspect the area in question and after conducting proper survey of the area, find out whether Page 5 of 39 there was any encroachment made into the Water Bodies or any violation in the buffer zone or non Developing Zone in making the construction and if there are any illegal encroachments, take appropriate action for removal of encroachment and submit a factual cum action taken report in this regard.
5. The Water Resources Department of Public Works Department, Chennai was designated as the Nodal Agency for coordination. The Pollution Control Board was also directed to look into the matter as to whether any illegal discharge of sewage or other effluent is taking place in the water body. The committee was also directed to consider the question of illegal discharge of untreated sewage into the lake thereby causing any pollution to the water bodies and remedial measures to be taken for preserving the water bodies, if the water quality is affected on account of any illegal activities of the alleged polluters, the same will have to be incorporated in the report.
6. Thereafter the matter has been adjourned from time to time on several occasions by notification. The matter was taken up on 01.07.2020 and this Tribunal disposed of I.A. No.26 of 2019 filed by the applicant to implead the alleged encroachers observing that this Tribunal was only considering the act of pollution and if any action was taken against the encroachers by the authorities, they would be getting a remedy as provided under the respective statute and as such there was no necessity to implead the alleged encroachers in the proceedings and dismissed the application with the above observations.
Page 6 of 39
7. On that day, this Tribunal considered the report submitted by the Joint Committee received through email dated 30.06.2020 extracted in Para 5 of the Order which reads as follows:
"Joint Committee Inspection report by the Public Works Department, Tamil Nadu Pollution Control Board and Revenue Department with regard to the directions of the National Green Tribunal vide Application No.265 of 2016 and I.A. No.26 of 2019.
The National Green Tribunal (Southern Zone) has given direction to constitute a committee headed by the District Collector Chengalpattu, Senior officer from Water Resources Department, Public Works Department & Tamilnadu Pollution Control Board towards the inspection of the Mugaiyur Vanchi lake and pond present in Mugaiyur village, Cheyyur taluk of Chengalpattu district and report the presence of illegal encroachments and illegal untreated sewage discharge into the Mugaiyur lake and pond vide I.A.No.26 of 2019 order dated 16.12.2019.
Mugaiyur lake is located at the eastern side of East Coast Road in Mugaiyur village,Cheyyur taluk of Chengalpattu district. The latitude and longitude of the lake is 12°4'00'' & 80°06'06''and the lake has a registered ayacut of 164.06 Hectares. The lake is rainfed and does not have inflow from any river or canal.
As per the directions of the NGT, the joint inspection by the PWD, TNPCB and Revenue officials was conducted on 5 5.3.2020 and on 10.03.2020 and the lake was surveyed by the Revenue officials and temporary encroachment in the form of agricultural crops such as Paddy, nursery and ground nut were found in a small extent of land in the water spread area of the lake and few trees such as Palm, coconut, casurina were also seen inside and on the boundaries of Survey No.188. There are two connecting roads (Bituminous road) passing through the lake connecting East Coast Road (S.Nos.266, 53 and 215,198 ) and the roads leading to the patta land near the coast on eastern side and there is one earthern road connecting a burial ground on the eastern side and habitation on the western side (S.No.278,85). As far as the lake is concerned, only temporary encroachments in the form of, trees and crops are present. In addition to that permanent encroachments in the form of two Bituminous roads and one earthen road are present. They are almost like a causeway connecting the habitation on one side and agricultural lands and burial ground on the other side.
With regard to the pond present in the survey No.258/1 near the Adhikesava Perumal Temple, the permanent encroachments in the form of building (8Nos.) are observed. This pond comes under the purview of the Village Panchayat (Lathur Block). In connection to the pollution aspects of Page 7 of 39 the lake, there is no evidence of any illegal discharge of untreated sewage into the lake as well as the pond. The ground water of the Mugaiyur village is also not affected by the pollution from any untreated sewage discharge."
8. Thereafter this Tribunal passed the following order:
"6. Learned counsel appearing for the applicant submitted that even as per the report, there are permanent encroachments in the form of building inside the pond. But it was mentioned 6 that there was no discharge of any untreated sewage into the lake as well as the pond.
7. It is also mentioned in the report that the ground water of Mugaiyur Village is also not affected by the pollution from any untreated sewage discharged.
8. It is also mentioned in the report there were certain temporary encroachments in form of trees and crops apart from encroachments in the form of two Bituminous roads and one urban road. It is also not mentioned as to who were responsible for such encroachments and who was responsible for constructing such roads, whether it is being done by the authorities or by private persons.
9. The learned counsel S.N. Parthasarathi submitted that they are taking steps against the encroachers, but due to present pandemic situation, they are not able to initiate the proceeding and as and when the situation comes to control, then legal action will be taken against those persons in accordance with law.
10. Learned counsel appearing for the Pollution Control Board submitted that there was no illegal discharge of any sewage into the lake as well as pond.
11. Learned counsel appearing for the applicant submitted that there are certain aqua culture farm in the form of Prawn Culture that is being conducted near the pond and they are discharging the effluents from the farm into the tank.
12. Though it was mentioned in the report that the ground water and tank water is not polluted by sewage discharged, there is nothing to infer from the report as to whether any water samples have been taken either from the pond, lake or nearby wells so as to ascertain as to whether the ground water quality has been affected or not.
13. Further, it is not mentioned in the report whether any recommendations have been given by the committee which consists of the District Collector to initiate action against the trespassers to remove the trespass in accordance with law as well.
14. When this was pointed out, both the counsel for Pollution Control Board as well as Government Officials wanted some more time for this purpose.
15. So under such circumstances, we grant two months time to the committee to submit further report regarding the things 8 mentioned above.Page 8 of 39
The committee is directed to submit a further report to this Tribunal through e- mail or by e-filing at [email protected] on or before 14.09.2020."
9. The case was posted to 14.09.2020 for consideration of further reports.
10. On 14.09.2020, this Tribunal considered the further report submitted by the Joint Committee signed by some of the members on 08.09.2020 and extracted in Para (3) of the order which reads as follows:
"Joint Committee Report by the Public Works Department Tamil Nadu Pollution control Board and Revenue Department with regard to the directions of the Hon'ble National Green Tribunal vide Application No. 265 of 2016 and I.A. No. 26 of 2019.
In pursuance to the order of the Hon'ble National Green Tribunal dated 01.07.2020, the Public Works Department initiated action against the encroachments present in the Mugaiyur Lake on 22.07.2020 and gave the detailed list of the encroachers to the public Works Department, with these details, the Public Works has given show cause notice to the 5 encroachers for the removal of the encroachments such as the paddy, Nursery, Groundnut Crops with a notice period of 21 days. Subsequently the Public Works Department commenced the encroachment removal process by deploying the heavy machineries such as JCB in the presence of adequate police bandobust on 24.08.2020 and completed the removal of the paddy, Nursery, Groundnut crops on 08.09.2020. For those paddy crops which are in the trans-plantation stage, assurance has been given by that particular encroacher that these paddy crops would be devoid of any encroachment in the form of paddy crops.
With regard to the two bituminous roads and one earthen road laid across the Mugaiyur Lake connecting the East Coast Road on the end with the patta lands, temple and crematorium ground on the other end respectively, it is submitted that the said roads were laid by the residing villager for their public utility only. The Public Works Department has taken steps for the removal of these approach roads on 04.09.2020 in presence of adequate police bandobust, but the villagers displayed stiff resistance stating that these approach roads have been laid by them just for public utility only and further pleaded that if these road are removed, the village will be isolated and there will be no access from their village and the East Coast Road to the patta lands, temple and crematorium ground on the other side.
IN connection with the removal of encroachments in the Adikesasava perumalpuram pond, it is submitted that there is no such pond or low lying area as such in the ground reality and it a flat terrain encroached by the villagers in the form of buildings. The Block Development Officer, Lathur Page 9 of 39 block is requested to the take necessary action on the said subject. Hence forthwith no water sample could be collected from the above said site.
In due compliance of the orders of the Hon'ble National Green Tribunal, water samples were collected from the Mugaiyur Vanchi Eri and in the shallow inside Mugaiyur Vanchi Eri on 10.08.2020.
Statement showing the value of the Physico chemical parameters analysed.
Sl. Parameters Units Points of collection TNPCB
No Standards
(Inland Surface
Water)
Mugaiyur Shallow well
ERi located within
the Mugaiyur
Eri
1 PH@25ºC No 6.11 6.45 5.5-9
2 Total Suspended Solids mg/L 6 3 100
@ 105ºC
3 Total Dissolved Solids mg/L 53 828 2100
@ 180 º C
4 BOD @ 27ºC mg/L 15 19 30
5 COD mg/L 160 200 250
6 Copper as Cu mg/L <0.033 <0.033 3
7 Zinc as Zn mg/L < 0.01 < 0.01 1
8 Cadmium as Cd mg/L < 0.013 < 0.013 2
9 Lead as Pb mg/L < 0.07 < 0.07 0.1
10 Nickel as Ni mg/L < 0.05 < 0.05 3
11 Total Chromium as Cr mg/L < 0.05 < 0.05 2
12 Hexavalent Chromium mg/L < 0.05 < 0.05 0.1
Cr+6
13 D.O mg/L 5.5 6 5mg/l and above
Sl. Parameters Units Points of collection Primary Water
No Quality Criteria
for Waters
prescribed by
Central Pollution
Control Board
Mugaiyur Shallow well
Vanchi ERi located
within the
Mugaiyur
Eri
1 Total Coliform MPN/100ml 20 2400 500 or less
2 Faecal Coliform MPN/100ml < 1.8 330 500 (Desirable)
2500 (Maximum
permissible)
The Report of analysis of the water samples collected from the said water body reveals that the physio parameters analysed satisfy the Inland surface water standards prescribed by the Board. Furthermore the sample analysed for Bacteriological parameter (Faecal Coliform) meets the Primary Water Quality Criteria for bating Waters prescribed by Central Pollution Control Board. Hence it is submitted that the water in the Mugaiyur Vanchi Page 10 of 39 Eri is not polluted and also submitted that there is no discharge of sewage into the said water body as ascertained during the time of inspection."
11. Thereafter this Tribunal passes the following order:
"4. It is seen from the report that they have taken some steps to remove the encroachments and it is also mentioned in the report that in connection of the removal of the encroachment in the Adhikesava Perumalpuram Pond, they have mentioned that there is no such pond or low lying area as per ground reality and it is flat terrain, encroached by the villagers in the form of buildings. The Block Development Officer, Lathur District is requested to take necessary action in the said subject. Since, there was no water, they could not collect the water samples from that alleged lake.
5. It may be mentioned here that though they have mentioned that certain steps have been taken to remove the encroachment etc., they have not produced any document to show the nature of steps taken by them.
6. Further as regards, the encroachment in Adhikesava Perumalpuram Pond, they have not mentioned as to the nature of the land as per the revenue records and whether any documents have been created on the basis of the orders of the Government for the purpose of construction of any building in that area and if it is an unauthorised construction, what is the nature of steps taken by them in this regard.
7. Even in the earlier order, we have directed to consider these aspects and submit a detailed report, but this is lacking in the report.
8. So under such circumstances, we direct the committee to consider these things and submit a further detailed report along with the documents showing the nature of action taken by them, so as to enable this Tribunal to consider and pass appropriate directions in the matter and dispose of the case.
9. Smt. Lita Srinivasan submitted that she wants to file intervening application in the matter on behalf of the farmers in that area who are using the area for seasonal cultivation since long time. We are not expressing any opinion on that as there is no application before us at this stage, for that purpose.
10. The Registry is directed to communicate this order to the members of the committee by e-mail immediately so as to enable them to comply with the direction of this Tribunal."
12. The case was posted to 11.11.2020 for consideration of further report. Thereafter the matter has been adjourned from time to time at the request of the parties for filing the respective reports. Page 11 of 39
13. The matter was again considered on 18.03.2021 and on that date this Tribunal considered the submissions made by a Counsel by name M/s. Lita Sinivasan supposed to be representing the interest of alleged encroachers who were occupying the land for more than 40 years and observed that there was no necessity to implead them in the proceedings and even in the Writ Petition filed by some of them challenging the proceedings of the authorities was disposed of the same by directing the authorities to proceed against the encroachments in accordance with law and till final orders were passed they should not be evicted from the property. It was further observed in the decision that if the authorities have already initiated the proceeding that was allowed to be proceeded with and if the parties were aggrieved by the orders passed by the authority, they would be having a statutory remedy of filing the appeal against the same. This Tribunal also observed that if there is any unauthorized occupation of public lands or water bodies, the authorities are entitled to take action against them, in accordance with law to retrieve the public land from the encroachers and restore the water body to the original position and observed further that there was no necessity to issue any further direction to the authorities, in this regard. The matter was adjourned to 14.04.2021 to enable the committee to file further action taken report. Thereafter the matter has been adjourned on several occasions either at the request of the parties or by notification.
14. The matter was taken up on 20.09.2021 and on that day, this Tribunal considered the status report submitted by River Restoration Project in Chennai filed by Chennai River Restoration Trust dated Page 12 of 39 02.07.2021 e-filed on 05.07.2021 extracted in Para 2 of the order which reads as follows:-
"STATUS OF RIVER RESTORATION PROJECTS IN CHENNAI Restoration of Chennai's major waterways is a top priority for the Government of Tamil Nadu and to this end, river restoration plans of both Cooum and Adyar rivers have been drawn up and are currently under implementation by various line departments such as Chennai Metropolitan Water Supply & Sewerage Board (CMWSSB), Greater Chennai Corporation, Public Works Department (PWD), Commissionerate of Municipal Administration, Directorate of Town Panchayats and Department of Rural Development and Tamil Nadu Slum Clearance Board. Chennai Rivers Restoration Trust is entrusted with coordinating and monitoring the projects. The progress of restoration of the waterways as on 30.06.2021 is detailed below:
INTEGRATED COOUM RIVER ECO-RESTORATION PROJECT Work on the sub-projects has been initiated by the concerned line departments and are under various stages of progress as detailed below:
1. Public Works Department (PWD):
PWD has been entrusted with the implementation of 9 sub-projects viz., desilting the river to enhance free flow of water during monsoon and, formation of baby canal to maintain minimum ecological flow during the non-monsoon season.
In the CRZ stretch i.e. from Ch. 700 m to 9677 m and in northern arm desilting has been fully completed. In the non CRZ-stretch from Ch. 9677 m to 27336 m, desilting and formation of Baby canal has been fully completed. Within the CRZ stretch i.e., from Cooum river mouth to Napier bridge (Ch.0 m - 700 m), for the continuous opening of river mouth and desilting of the river, Administrative Sanction for Rs.70.00 Crores has been accorded vide G.O (Ms) No.76, Municipal Administration & Water Supply (MC-I) Department, dated 31.07.2020. For this work, CRZ Clearance has to be obtained by PWD. Consultant has been identified and work order was given on 28.10.2020. Preparation of REIA report and Physical model studies by IHH Poondi is under preparation. The report is expected to be completed by 31.08.2021.
2. Greater Chennai Corporation (GCC):
GCC has been entrusted with the implementation of 3 sub-projects. The work components consist of fencing for a length of 23.92 km on both the sides of the river, removal of 81,364 MT of construction and demolition waste and 23,527 MT of Municipal Solid waste alongside the river and Page 13 of 39 installation of booms at 8 locations to collect the floating waste in the river. The status of the work progress is as follows:
i. Removal of Solid Waste:
The removal of accumulated Solid waste from the banks of the Cooum River has been fully completed.
ii. Installation of Booms:
Trash boom systems have been deployed across the river at 8 locations viz., near C-in-C bridge, Periyar bridge, Choolaimedu, Metha Nagar, near Central Buckingham Canal, behind Madras Medical College, Quaid-e- Millath bridge and near Napier Bridge.
iii. Fencing:
Under this project, fencing work has been fully completed for a length of 13.75 km out of a total length of 23.92 km and work is under progress in the remaining stretches.
3. Chennai Metropolitan Water Supply & Sewerage Board (CMWSSB):
CMWSSB has been entrusted with the implementation of 15 sub-projects. The work components consists of 10 Interception & Diversion systems along the river and 3 Modular Sewage Treatment Plants (STPs) at Chetpet, College Road and Maduravoyal, one 10 MLD sewage treatment plant at Langs Garden and 1 Under Ground Sewerage Scheme (UGSS) at Nerkundram. Work on the 14 sub-projects is in progress as detailed below:
i. Interceptor and Diversion pipelines:
Package I (Chintadripet) - 100% works completed.
Package II (Chetpet) - 100% of works have been completed. The outfalls will
be plugged after commissioning of the STP.
Package III (Nungambakkam) - 100% of works have been completed. The
outfalls will be plugged after commissioning of the STP. Package IV (Metha Nagar) - 84% of work completed. Work is under progress and the scheduled date of completion is 30.09.2021 Package V (Anna Nagar) - 100% works have been completed and the systems have been commissioned.
Package VI (Langs Garden Road) - 77% of work completed. Work is under progress and the scheduled date of completion is 30.09.2021. Package VII (South Cooum River Road) - 71% of work has been completed.
Work is under progress and the scheduled date of completion is 30.09.2021. Package VIII (Aminjikarai) - 100% of works have been completed. Package IX (NSK Nagar) - Shelved due to encroachments existing along the alignment.
Package X (Anna Nagar) - 100% works have been completed and the systems have been commissioned.
ii. Modular STPs
For Modular STP (1.0 MLD) near College Road, Chetpet, Civil works are
under progress and so far, 92.1% of work has been completed and the Page 14 of 39 scheduled date of completion is 15.06.2021.
For Modular STP (1.2 MLD) at Nungambakkam, Civil works are under progress and so far, 65% of work has been completed and the scheduled date of completion is 30.06.2021.
For Modular STP (0.6 MLD) at Maduravoyal - Work site finalized in February, 2020 and Civil works are under progress and so far, 14% of work has been completed and the scheduled date of completion is 18.12.2021. For the 10 MLD STP (TTUF) at Langs Garden - Civil works are under progress and so far, 30.7% of work has been completed and the scheduled date of completion is 16.05.2022.
iii. Under Ground Sewerage System (UGSS):
For UGSS Nerkundram, Pipe laying and construction of Sewage Pumping
Station works are in progress. 32% of work has been completed and the remaining works are under progress, is scheduled to be completed by 23.06.2022.
4. Commissionerate of Municipal Administration (CMA):
CMA has been entrusted with the implementation of 2 sub-projects. The work components consist of removal of 1648 MT of solid waste along the river side in Thiruverkadu Municipality and fencing for a length of 6.7 km. Accumulated solid waste along the banks of the river has been fully removed within Thiruverkadu Municipality limits. In Phase I, fencing has been fully completed for a length of 1.65 km and the work has been fully completed.
In Phase II, fencing has been fully completed for a length of 1.74 km and the work has been fully completed.
In Phase III, fencing has been fully completed for a length of 3.31 km and the work has been fully completed
5. Department of Rural Development (DRD):
DRD has been entrusted with the implementation of 6 sub-projects. The work components consist of removal of 4582 cubic metre of solid waste alongside the river, fencing for a length of 1.92 km in 3 village panchayats (Seneerkuppam, Adayalampattu and Vanagaram) and plantation at Vanagaram.
The accumulated solid waste has been fully removed from the banks of the Cooum river within the DRD areas viz., Senneerkuppam, Adayalampattu and Vanagaram Village Panchayats. Fencing works have been fully completed in all 3 Village Panchayats viz., Vanagaram, Adayalampattu & Senneerkuppam.
6. Tamil Nadu Slum Clearance Board (TNSCB) Tamil Nadu Slum Clearance Board (TNSCB) has been entrusted with the Resettlement & Rehabilitation (R&R) of 14257 identified Project Page 15 of 39 Affected Families (PAFs) and 458 commercial establishments. So far, TNSCB has allotted 12302 tenements. To resettle the remaining 1955 PAFs, 985 tenements are ready for allotment now, another 540 tenements will be ready by August, 2021 and remaining 430 tenements will be ready by September, 2021.
7. Chennai Rivers Restoration Trust (CRRT):
CRRT is entrusted with plantation of mangroves, mangrove associates and terrestrial plants alongside the river.
Regarding the Plantation along the banks of the Cooum River for a length of 60 km (both the banks), agreement was executed on 30.09.2020. Thus far 24,973 nos of plants has been planted and the work is expected to be completed by August 2022.
Under Community Education Programme, Regular Community Sensitization Programmes for NGC & Eco-Clubs of Schools, NSS & Enviro Clubs of Colleges, ULBs, PRIs, NGOs, CBOs, RWAs & CSOs have been conducted by CRRT and thus far 6837 stakeholders covered. ADYAR RIVER RESTORATION PROJECT FROM ORIGIN TO MOUTH Work on various sub-projects of the Adyar River Restoration Project were initiated by all the line departments in 2018 and are under various stages of progress.
1. Public Works Department (PWD) PWD has been entrusted with the implementation of 7 sub-projects -
desilting and widening the river for 16.18 km; construction of flood protection walls for 1.556 km and river mouth opening and its maintenance. The work progress is detailed below:
For the package 1, i.e., from River mouth to Thiru. Vi. Ka Bridge, PWD has to get CRZ Clearance. The proposal was placed in the 257th EAC meeting held on 05.03.2021, MoEF&CC. The proposal has been deferred and requested to come back after completing the study undertaken by NIOT for sustainable river mouth opening (Package 7).
For package 2, i.e., from Thiru. Vi. Ka. bridge to Kotturpuram bridge, desilting is fully completed for a length of 2353 m. For package 3, i.e., from Kotturpuram bridge to Saidapet road bridge, desilting is fully completed for a length of 2892 m. For package 4, i.e., from Saidapet road bridge to Jafferkhanpet road bridge, flood protection wall for a length of 650 m and desilting for a length of 2498 m are fully completed.
For package 5, i.e., from Jafferkhanpet Road bridge to Manapakkam Check dam, desilting is fully completed for a length of 3334 m and flood Page 16 of 39 protection wall for a length of 500 m is also fully completed. For package 6, i.e., from Thiruneermalai to Outer Ring Road, desilting is fully completed for a length of 3000 m and flood protection wall for a length of 406 m is also fully completed.
For package 7 (maintenance of river mouth for 4 consecutive years), NIOT has taken up the multi-seasonal study and have requested a period of 12 months for submission of the report and the report is expected to completed by November 2021. The application to CRZ will be submitted after the study has been completed.
2. Greater Chennai Corporation (GCC) GCC has been entrusted with the implementation of 19 sub-projects.
The work components consist of boat jetties at 2 locations, fencing for a length of 24.67 km on both the sides of the river, solid waste removal alongside the river, levelling and compacting the solid waste at dumpsite, booms to collect the floating waste in the river, beautification of bridges and plantations alongside the river course.
Under this project, out of a total 24.67 km, fencing work has been fully completed for 9.84 km and for remaining length works are in progress. The expected date of completion is December, 2021.
Under Solid waste removal works, so far, 8891 MT out of a total 50664 MT of debris and 3505 MT out of a total 16826 MT of garbage have been cleared from the banks of the Adyar River. Right now PWD has completed widening, desilting, levelling and formation of bund, hence in these stretches, there is no scope for debris and garbage removal at present. For the trash boom systems which are to be installed at 3 suitable locations across the Adyar River, viz., Kotturpuram Bridge, Maraimalai Adigalar Bridge & Jafferkhanpet Causeway. One location in Jafferkhanpet Causeway has been completed and in other two locations work is under progress.
Regarding the work on beautification of bridges, work has been completed on all the three bridges being maintained by GCC (South Buckingham Canal Bridge near Kotturpuram Railway Station, Thiru. Vi. Ka Bridge and Alandur Bridge) and on one bridge being maintained by State Highways Department i.e., Maraimalai Adigalar Bridge (Saidapet Bridge). All the bridge beautification works have been fully completed. For the Park near Kotturpuram, 15% of work has been completed and the balance work is expected to be completed by 31.10.2021.
3. Chennai Metropolitan Water Supply & Sewerage Board (CMWSSB) CMWSSB has been entrusted with Interception and Diversion pipelines & Modular STPs and the status of works is as follows:
Interceptor and Diversion Pipelines: Package I- Adyar & Kotturpuram - 37% works has been completed so
far and the scheduled date of completion is 31.12.2021. Page 17 of 39
Package III - Nandanam Extension, Turn Bulls Road & Radhakrishnapuram Slum - 50% works has been completed so far and the scheduled date of completion is 30.09.2021.
Package IV - Mambalam Canal - 33% works has been completed so far. Work is in progress and the scheduled date of completion is 30.09.2021. Package V - Guindy & Ekkattuthangal - 80% works has been completed thus far and the scheduled date of completion is 30.09.2021. Package VI - Samiyar Thottam, Jafferkhanpet & MGR Drain - 59% works has been completed so far and the scheduled date of completion is 19.12.2021.
Modular STP:
Package VIII - 11% works has been completed so far and the scheduled
date of completion is 09.06.2022.
Package X - 32% works has been completed so far and the scheduled
date of completion is 30.04.2022.
Package - XI - Alternative proposal has been finalised and tender under
evaluation.
Package - XV - DPR has been revised as per current SoR and the
tender has been floated on 17.02.2021 by fixing the due date as 24.03.2021. Now the tender is under evaluation.
4. Commissionerate of Municipal Administration (CMA) CMA has been entrusted with the implementation of sub-projects viz., solid waste removal alongside the river; fencing for a length of 3.54 km; community toilet at 1 location and plantation alongside the river. Under solid waste removal, 522 MT of garbage has been removed and the work is fully completed.
The construction of community toilet in Anakaputhur Municipality has been fully completed and opened to public.
In Anakaputhur Municipality, under Phase 1, out of a total length of 1.52 km, fencing fully completed for a length of 0.3 km and work is in progress for a length of 0.335 km. Fencing could not be taken up for a length 0.885 km due to formation of bund in Patta land. The ongoing work is expected to be completed by July, 2021.
Under Phase II for a length of 1.72 km, fencing will be taken up after the removal of encroachments (4 slums - 676 PAFs).
In Pammal Municipality, out of a total length of 0.3 km, PWD has constructed flood protection wall for the entire length of 0.3 km and hence fencing is not required.
Regarding UGSS for Anakaputhur and Pammal Municipalities, LoA has been issued on 25.02.2021 and Preliminary work is under progress. The expected date if completion is May 2023.
Page 18 of 39 The vegetation planting works with CMA limits will be taken up under the scope of CRRT.
5. Directorate of Town Panchayats (DTP) DTP has been entrusted with solid waste removal alongside the river, fencing for a length of around 13.719 km, and plantation alongside the river. In Kundrathur Town Panchayat, under phase I, fencing work has been completed fully for a length of 1.20 km. Under phase II, for a length of 1.39 km, AE, PWD has informed that, Adyar river widening work is proposed in this particular river stretch as per the instruction of District Collector Kancheepuram. Hence the Tender process is stopped now. In Perungalathur Town Panchayat, out of a total length of 7508 m, fencing has been fully completed for a length of 2211 m and work is in progress at various stages of completion for a length of 2921 m. Fencing could not be taken up for a length 1000 m due to encroachments and for 120 m due to the confluence point of Pappan Channel. These works are expected to be completed by August, 2021.
In Thiruneermalai Town Panchayat, out of a total length of 3621 m, fencing has been completed fully for a length of 626 m and work is in progress at various stages of completion for a length of 1756 m. Fencing is not required for a length of 500 m as PWD has constructed a flood protection wall and hence the 500 m stretch shall be dropped. For a length of 200 m, Bridge work is being carried out by Highways department and fencing in this stretch will be taken up after completion of bridge work by Highways department. These works are expected to be completed by August, 2021. For solid waste removal, 6290 cu.m of legacy waste has been removed out of 8600 cu.m through bio-mining. The work is expected to be completed by July, 2021.
The vegetation planting works with DTP limits will be taken up under the scope of CRRT.
6. Directorate of Rural Development and Panchayat Raj (DRD) DRD has been entrusted with the implementation of 4 sub-projects - solid waste removal alongside the river; fencing for a length of 35.1 km, community toilet and plantation along the river bank. Under solid waste removal, 8275 MT of accumulated solid waste along the river banks has been fully removed.
In Kancheepuram District, fencing work is proposed for a length of 21.019 km. Out of this, fencing is fully completed for a length of 7.09 km and work is in various stages of completion for a length of 11.224 km. Scheduled date of completion is October, 2021. For the additional proposal in Kundrathur block for a length of 2.923 km, tender opened on 10.02.2021 and it is under evaluation after lifting off Model Code of Conduct which was in force due to elections for Legislative Assembly.
Page 19 of 39 In Chengalpattu District, fencing work is proposed for a length of 11.07 km. Out of this, fencing is fully completed for a length of 2.26 km and work is in various stages of completion for a length of 8.34 km. Scheduled date of completion is October, 2021. For the additional proposal of 630 m fencing work in St. Thomas Mount block, work order has been issued and preliminary work is in progress.
For Community toilet, the proposal has been dropped as the Pozhichalur village is adjoining the Chennai city, toilet facilities were provided in all the households and the area has been declared Open Defecation Free. The vegetation planting works with DRD limits will be taken up under the scope of CRRT.
Tamil Nadu Slum Clearance Board (TNSCB):
Page 20 of 39
15. This Tribunal also considered the status report filed by the Block Development Officer, Lathur Panchayat Union along with Executive Engineer, PWD, Araniar Basin Division dated Nil, e-filed on 28.08.2021 extracted in Para (3) of the Order which reads as follows:
"STATUS REPORT FILLED BY BLOCK DEVELOPMENT OFFICER, LATHUR It is submitted that as directed by the Hon'ble National Green Tribunal, Southern Zone, Chennai, the joint committee members have inspected the land classified as 'Mugaiyur VanjiEri', with an extent of 48.57.0 hectares in Survey Number 188 of Mugaiyur village, Cheyyur Taluk, Chengalpattu village. In the result of joint inspection, all encroachments in Mugaiyur Vanji Eri have been evicted by the Executive Engineer, Public Works Dept., since the land vested with the Public Works Dept. It is further submitted that in the above said Lake basin, an unfinished concrete house, Arulmigu Sripalkatteri Amman Kovil, Arulmigu Sri PeriyandavarKovil and Arulmigu Angalathal amman Kovil were identified as encroachments to be evicted.
It is submitted that in respect of land classified as 'Kuttai', with an extent of 0.39.5 hectares in Survey Number 258/1 of Mugaiyur village, Cheyyur Taluk, Chengalpattu village, the following, encroachers were encroached the above said highly objectional water course Poramboke. In order to evict the encroachments, eviction notices has been issued to encroachers by the Black Development Officer, Lathur.
Sl. Encroachers Type of Encroachments Remarks
No. Name
1. Thiru Pandian 1) Cement sheet house 1) Encroacher not residing in
S/o. Rathinavel 2) Neem tree the land
3) Mango tree 2) He already residing in
concrete house in Sy.
No.242/1A (Patta No.1370)
of Mugaiyur Village.
2. Tmt. Lakshmi 1) A hut Not having any lands.
W/o. Subramani 2) An unfinished
concrete house
3) Mango tree
4) Coconut tree - 3
3. Thiru. 1) Concrete house His father having land in Sy.
Gangadharan S/o. 2) Coconut tree - 3 No.253/1 (Patta No.1138) of
Ramadoss 3) Mango tree - 2 Mugaiyur Village
4) Iron Sheet shed
4. Thiru Kothandan 1) A hut - 2 Having a land in Sy.
S/o. Murugesan 2) Cement sheet house No.253/1 (Patta No.1138) of
3) Tamarind tree - 1 Mugaiyur Village
4) Toilet
Page 21 of 39
5. Thiru Minusamy 1) A hut - 1 Not having any lands.
S/o. Rajagopal 2) A cement sheet house
3) Coconut tree - 1
6. Tmt. Shanthi 1) A hut Not having any lands.
W/o. Rajagopal 2) A concrete house
3) Coconut tree - 1
7. Thiru Muthu S/o. 1) Concrete house Having a land in Sy.
Perumal attached with toilet No.409/4A (Patta No.1007)
2) Jackfruit tree of Mugaiyur Village.
3) Mango tree - 3
4) Coconut tree - 6
On receipt of Eviction notice, the encroachers have filed a Writ Petition No. 19958/2020 and W.MP.24637/2020 before Hon'ble High Court of Madras. In which, the Hon'ble High Court of Madras has given a direction as follows:
"The petitioner is directed to give a copy of the objections already date of receipt of a copy of this order and on receipt of the said objections, the respondents are directed to consider the same and pass appropriate orders on merits and in accordance with law, within 15 days thereafter, after affording an opportunity of personal hearing to the petitioner "(order dated: 21.01.2021) It is submitted that in order to comply the order of Hon'ble National Green Tribunal, Southern Zone, Chennai, and before Hon'ble High Court of Madras, the economical and social study of the encroachers have been studied and the same is revealed that the encroachers in the above listed tabular column SI.No.2, 5 and 6 are not having any lands and others having an alternate in the same village.
It is submitted that as effective steps taken by the District Administration, an alternate land, classified as unobjectionable poramboke land as "Nanjai Tharisu' in S.No.63/1A3A1 in Aatchivilagam village has been identified for the landless encroachers in the S.No.258/1 of Mugaiyur, classified as 'Kuttai' Poramboke.
It is submitted that, the eviction of encroachments in Kuttai Poramboke land in Survey Number 258/1 of Mugaiyur village, Cheyyur Taluk, Chengalpattu village, to be completed after giving an opportunities to the encroachers for shifting their possessions to the alternate land."
16. Thereafter this Tribunal passed the following order:-
"4. It is seen from the report that there are certain encroachments and certain notices have been issued regarding the same. It is also seen from the report that certain writ petition has been filed before the Hon'ble High Court of Madras by the alleged encroachers against the eviction notice issued as W.P. 19958/2020 and the Hon'ble High Court on 21.01.2021 passed following order:
"the Petitioner is directed to give a copy of the objections already said to have Page 22 of 39 been given to the respondents, within one week from the date of receipt of a copy of this order and on receipt of the said objections, the respondents are directed to consider the same and pass appropriate orders on merits and in accordance with law, within 15 days thereafter, after affording an opportunity of personal hearing to the Petitioner.
5. They have not mentioned about the present status of the writ petition but it was mentioned that some steps have been taken for rehabilitation of these persons for which certain land has been identified and once those proceedings are completed, they may be able to file further action taken report.
6. Public Works Department, Block Development Officer and District Collector are directed to file their independent statement regarding the further action taken and regarding the present status of the writ petition pending before the Hon'ble High Court and progress of the identification of alternative land for shifting the encroachers etc.
7. They are directed to submit their respective report/statements to this Tribunal on or before 27.10.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
8. The Registry is directed to communicate this order to the members of the Committee, official respondents including the District Collector, Block Development Officer and to Chief Secretary and Principal Secretary, Environment, Revenue and Additional Chief Secretary for PWD and WRD State of Tamil Nadu for their information and compliance of the directions issued by the Tribunal."
17. The case was posted to 27.10.2021 for consideration of further report. On 27.10.2021, this Tribunal considered the report submitted by the Executive Engineer, PWD, Water Resources Organization signed by the Officer on 26.10.2021 e-filed on the same date extracted in Para 2 of the Order which reads as follows:-
"Report filed by the First Respondent I, A. Jayakumari, Daughter of Thiru.Anbazhagan Aged about 51 years and working as Executive Engineer, PWD, WRD, Araniyar Basin Division, Chepauk, Chennai-05 and having office at Chennai, do hereby solemnly affirm and sincerely state as follows.
1. As per the direction of Honourable National Green tribunal, the Public works Department has submit a final report on Mugaiyur Vanchi Eri after the site inspection carried out on 20.10.21.Page 23 of 39
2. Mugaiyur lake is located at the eastern side of East Coast Road in Mugaiyur village, Cheyyur taluk of Chengalpattu district. The latitude and longitude of the lake is 12°4'00" & 80°06'06"and the lake has a registered ayacut of 164.06 Ha
3. There are about 400-500 Families living in mugaiyur village and the Mugaiyur Village has consist of swamp land because of that, it is not possible to do any kind of farming activities in the swamp land therefore the villagers have difficulties in earning for their livelihood .Hence the villagers have determined to plant seedling for a period 20-30 days even in the earlier years at certain areas of the mugaiyur vanchi eri.
4. With regards to those seedling plants which have sprouted up and grown in the trans-plantation stage will be removed within 10 days from the mugaiyur vanchi eri
5. In continuation with this, the Village President and village peoples have given assurance for not encroaching the mugaiyur eri in any form in the future.
6. In addition to that permanent encroachments in the form of two Bituminous roads and one earthen road are present. They are almost like a causeway connecting the habitation on one side and agricultural lands and burial ground on the other side. Further the adequate facilities like box culvert has been made for discharging flood water during monsoon period without affecting flow of water.
7. I further state that there is no permanent encroachment present in the form of buildings are not found in Mugaiyur Vanchi eri. I am ready to obey the order of the Hon'ble Tribunal."
18. Thereafter this Tribunal passed the following order:-
"3. The report does not mention anything about the encroachments in the Kuttai in Survey no. 258/1 belonging to Adhikesava Perumal Temple, Mugaiyur Village. But the report of the Block Development Officer, which was extracted earlier, will go to show that there are certain encroachments and steps are being taken to remove the encroachments. But they have not filed any report as to what is the nature of steps taken by them to remove the encroachments identified by them in the Kuttai Poramboke. When this was pointed out, the Learned Counsel appearing for the State department submitted that if some time is granted, they may be able to file a detailed report regarding the action taken.
4. If they have initiated certain proceedings for removal of encroachments, being a matter of 2016, this Tribunal, relying on the report, can direct the authorities to proceed with the proceedings already initiated for this Page 24 of 39 purpose and file a compliance report after some time and with that direction the application itself can be disposed of.
5. PWD as well as Block Development Officer and the District Collector are directed to file the reports regarding the steps taken by them to remove encroachments identified in the Kuttai Poramboke mentioned above on or before 22.11.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per rules and get ready with hearing of the matter on 26.11.2021.
6. The Registry is directed to communicate this order to the official respondents including PWD, Block Development Officer and the District Collector for their information and compliance of the direction."
19. The case was posted to 26.07.2021. Thereafter the matter was again adjourned from time to time either at the request of the parties or by notification. It was taken up again on 27.01.2022 and considered the report submitted by the 1st Respondent namely Water Works Department dated 25.01.2022, e-filed on 26.01.2022 extracted in Para 3 of the Order which reads as follows:
"Report filed by the First Respondent I, A. Jayakumari, Daughter of Thiru. Anbazhagan Aged about 51 years and officiating as Executive Engineer, PWD, WRD, Araniyar Basin Division, Chepauk, Chennai-05 and having office at Chennai, do hereby solemnly affirm and sincerely state as follows.
1. As per the direction of Honourable National Green tribunal, the Public works Department has submitted a final report on Mugaiyur Vanchi Eri after the site inspection carried out on 26.10.21.
2. Mugaiyur lake is located at the eastern side of East Coast Road in Mugaiyur village, Cheyyur taluk of Chengalpattu district. The latitude and longitude of the lake is 12°4'00" & 80°06'06"and the lake has a registered ayacut of 164.06 Ha
3. There are about 400-500 Families living in mugaiyur village and the Mugaiyur Village has consist of swamp land because of that, it is not possible to do any kind of farming activities in the swamp land therefore the villagers have difficulties in earning for their livelihood .Hence the villagers have done farming activities even in the earlier years for a period of 20-30 days at certain areas of the Mugaiyur vanchi eri.
4. In addition to that permanent encroachments in the form of two Bituminous roads and one earthen road are present. They are almost like a Page 25 of 39 causeway connecting the habitation on one side and agricultural lands and burial ground on the other side. Further the adequate facilities like box culvert has been made for discharging flood water during monsoon period without affecting flow of water.
5. As per the order of the Hon'ble NGT, the Block Development Officer Lathur has filed the status of Adikesava Temple on 20.10.21, according to that the temple situated in poramboke land classified as" Kuttai" which comes under panchayat Union
6. The Block Development Officer Lathur has stated that Poromboke Kuttai was encroached by permanent building and temple and the notice has been issued to the encroachers. Subsequently the alternative land has identified in Aatchivilagam village for encroachers.
7. I further submitted that there is no permanent encroachment present in the form of buildings in Mugaiyur Vanchi eri and also kuttai located in survey No 258 /1 it is not related to Public Works Department/Water Resources Department.
8. It is submitted that I am ready to obey the order of the Hon'ble Tribunal."
20. Thereafter this Tribunal passed the following order:-
"4. It is seen from the report that as regards the Mugaiyur Vanchi Eri is concerned, there is no permanent encroachment in the form of buildings and even encroachments found earlier were removed and as regards the Kuttai located in Sy. No.258/1 is concerned, it is not coming within the jurisdiction of Public Works Department/Water Resources Department and it comes within the jurisdiction of Block Development Officer, Lathur and they have already issued notice and also alternative land has been identified at the Aatchivilagam Village for shifting the encroachers. But we have not received any report from the Block Development Officer, Lathur as to what actions were taken and how long it will take for the removal of encroachment and relocating encroachers.
5. When this was pointed out, the learned counsel appearing for the Block Development Officer, Lathur submitted that if two weeks time is granted, they may be able to come with the report.
6. Despite the fact that directions being issued by the Tribunal as well as by the Hon'ble High Court of Madras, directing the authorities to take effective steps to remove the encroachment and restore the water bodies, we are not getting the effective reports, though the present case is pending before this Tribunal from 2016 onwards for this purpose.
7. However, considering the request made by the learned counsel appearing for the State Departments, we feel that some time can be granted to the Block Development Officer, Lathur to file an action taken report to remove the encroachments made in the Kuttai situated in Sy. No.258/1 with the Page 26 of 39 timeline within which the encroachment will be removed and relocated to the area identified for that purpose, so that this Tribunal can dispose of the matter on that basis.
8. They are directed to submit the report to this Tribunal on or before 18.02.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules, failing which, the Block Development Officer, Lathur is directed to appear before this Tribunal through Video Conference on the next hearing date to show cause as to why action should not be taken against them for non-compliance of directions issued by this Tribunal, as contemplated under Section 26 and 28 of the National Green Tribunal Act, 2010 and parties are directed to get ready with the matter on 23.02.2022 for hearing.
9. The Registry is directed to communicate this order to the official respondents, District Collector - Kancheepuram District, Block Development Officer - Lathur and also to the Additional Chief Secretary for Public Works Department and Water Resources Department by e-mail for their information and compliance of directions."
21. The case was posted to 23.02.2022 for filing further action taken report and also for hearing. On 23.02.2022, this Tribunal considered the Report submitted by 9th Respondent (Block Development Officer, Lathur Panchayat Union) signed on 18.02.2022 e-filed on the same date extracted in Para (2) of the order which reads as follows:-
"REPORT BY 9th RESPONDENT BLOCK DEVELOPMENT OFFICER I K.Venkadesan, Block Development Officer, having office at Lathur Panchayat Union, Pavunjur, Chengalpattu- 603 312 state as follows:
1. I am the 9th respondent herein and as such I am well acquainted with the facts and circumstances of this case from the records available with the office.
2. I humbly state that the application was filed as early as in the year 2016, this Hon'ble Tribunal has appointed a Joint Committee on 16.12.2019. I humbly submit that this Hon'ble Tribunal observed as:
"There is a duty cast on the State machines and Local Authorities to protect the water bodies against the encroachments thereby reducing its area and altercating its flow which indirectly affecting the ground water recharge. The Hon'ble Supreme Court as well as this Hon'ble Tribunal in several decisions has reiterated the responsibility of the officials to protect the water bodies against encroachments and if there are any encroachments to remove if any to be taken for preserving the water bodies.Page 27 of 39
4. On the basis of the above order, a Joint Committee was constituted with the following members:
(a) District Environmental Engineer;
(b) Executive Engineer, Public Works Department; and
(c) District Collector, Chengalpattu;
According to the Joint Committee:
... There are two connecting roads (bituminous road) passing through the lake connecting East Coast Road ( S.No. 266, 53, 215 and 198) and the roads leading to the patta land near the Coast on the Eastern Side and there is one Eastern Road connecting burial ground on the Eastern Side and habitation on the Western Side ( S.No. 278 & 85 ). As far as lake is concerned, only temporary encroachments in the form of trees and crops are present. In addition to that permanent encroachments in the form of two bituminous road and Eastern Road are present. They are almost like a common way connecting habitation on one side and agricultural lands and burial ground on the other side.
With regard to the pond present in the Survey No. 258/1 near the Adhikesava Perumal temple, these permanent encroachments in the form of buildings (8 nos.) are observed.
I sent a letter to the District Collector, dated 25.01.2022 requesting the District Collector, seeking for permission to remove the encroachments at R.S. 258 /1 at the Kuttai in Mugaiyur Village.
Encroachers name
1. Mr. Pandiyan, S/o. Rathinavel (wife living in a concrete house R.S.242/A - Patta No. 1370.
2. Mrs. Lakshmi, W/o. Subramani, living at her son's house.
3. M. Gangadharan, S/o. Ramadass. Mr. Ramadass is a share holder in R.S. 253/1, Hectares 1.08.0
4. Mr. Gothandam, S/o. Mr. Murugesan. He has share in the above land
5. Mr. Munusamy, S/o. Rajagopal. No land in his name nor in his family member's name.
6. Mrs. Santhi, W/o. Govindhan. No land in his name nor in his family member's name.
7. Mr. Muthu, S/o Perumal. R.S. 409/40A shares among 17 members I submit that, Mr. Munusamy & Santhi filed a Writ Petition at the Hon'ble Madras High Court, challenging the alternative site provided by us, as W.P. Nos. 23410 & 23413 of 2021. The Hon'ble High Court directed the District Collector to consider their representation regarding alternative site offered.
Present state of lake I understand, without obtaining No Objection Certificate from the Public Works Department, 2 bitumen roads are constructed on this lake. Page 28 of 39
Neither permission from the Village Panchayat nor a resolution was passed to construct bitumen roads on this lake. Apart from the above, there is also an earthen road is also crossing the lake.
No agricultural activities are carried out at present. No shed or any permanent structure is in the lake.
No Well or bore well is in the lake.
Total extent of Vanji lake in RS no. 266 is around 116 hectares. Current state of Kuttai Kuttai is in R.S. 266. Since Kuttai is fully encroached by the persons above named and a Perumal temple. As soon as permission granted by the District Collector, these encroachments will be removed.
In view of the above, it is therefore prayed that this Hon'ble National Green Tribunal may be pleased to accept this report and pass orders as this Hon'ble National Green Tribunal may deem fit and proper in the fact and circumstances of this case and thus render justice."
22. Thereafter this Tribunal has passed the following order:-
"3. They have also produced certain photographs and documents showing the present state of affairs.
4. It is seen from the report of the Block Development Officer that as regards to the lake is concerned without obtaining permission from the Public Works Department two bitumen roads were constructed on the lake. Neither permission was obtained from the village panchayat nor a resolution was passed to construct bitumen roads on this lake. Apart from that there was no encroachment on the lake area.
5. If any road has been constructed unauthorisedly through the water body, it is the duty of the of the persons who are expected to protect the water body to take steps to remove the same and restore the same to its original position and also recover the cost from the persons who are responsible for doing such mischief. This was reiterated by the Hon'ble Apex Court, this Tribunal and various Hon'ble High Courts in several decisions as under Article 48(A) of Constitution of India, State has every responsibility to protect environment which includes protection and preservation of the water body. Even whenever Government is constructing road through the water bodies, they are also expected to construct in such a way as not to obstruct the water flow by providing elevated bridges. That was intended for the purpose of protecting the water body not to cause any obstruction to the flow of water in the water body or divide the water body into two. If this is allowed to continue slowly people will be encouraged to reclaim the water bodies and convert the same into residential plots. It is high time for the Government to open their eyes to prevent such activities and take steps to protect the water bodies as recent Page 29 of 39 floods etc are said to have been caused also on account of disappearance of water bodies.
6. As regards Kuttai is concerned, they have mentioned that as per the revenue records it was Kuttai but on land Kuttai has disappeared due to encroachments. Hon'ble Supreme Court in one of the cases have clearly mentioned that even if the water body has become disused on account of non- maintenance by the Government Department, that should not be used for any other purpose and if any encroachment is there including the Government the same has to be removed and the water bodies will have to be restored to its original position and rejuvenate the same.
7. When such a constitutional mandate is there on the Government, they are expected to take appropriate steps to remove the encroachment and restore the water body and they should not promote the encroachers to squat on the water bodies on the ground that they are living there for long time. It is high time for the Government to look into the question if as per the revenue record, if it is Kuttai, then how permission has been granted by the authorities for construction of pakka buildings in that area. If those buildings were constructed without permissions or approvals, then it will become an authorised construction and such persons will not be entitled to get any protection and if the permissions were granted overlooking the revenue records, then it is high time for the Government to take action against such concerned officials as has been observed by the Hon'ble Madras High Court in the recent decision of removal of encroachments from the water bodies. Even the Hon'ble Apex Court in railway encroachment matters gave clear direction that the encroachers must be shifted to alternative places and they do not have choice of the place and till the alternate arrangements are made of providing land, they can be shifted to rental houses of reasonable amount. So, District Collector, Chengalpett in consultation with Superintending Engineer, Public Works Department and Block Development Officer is directed to take appropriate steps and file action taken report before this Tribunal on or before 25.03.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of image PDF along with necessary hardcopies to be produced as per Rules.
8. The Registry is directed to communicate this order to the District Collector, Chengalpett, the Superintending Engineering, PWD and the Block Development Officer including the Additional Chief Secretary for Environment, the Additional Chief Secretary for Water Resources Department and the Principal Secretary for Revenue for their information and compliance of the directions."Page 30 of 39
23. The case was posted to 25.03.2022 for consideration of further action taken report and hearing. Thereafter the matter was adjourned from time to time by successive notifications. Lastly, it was adjourned to 12.04.2022 by notification dated 31.03.2022.
24. On 12.04.2022, this Tribunal considered I.A. No.72 of 2022 filed by third party to implead the alleged encroachers in Survey No.258/1B, which is part of the Kuttai, subject matter in this case and disposed of the application by a separate order on the same date, leaving open the right of the parties to approach the appropriate authorities for redressal of their grievance. This Tribunal also considered IA No. 71/2022 and 73/2022 filed by another set of persons who were using the road which was constructed in Vanchi Lake and those applications were also disposed of by a separate order, holding that there was no necessity to implead them in the proceedings and the right of the parties to approach the appropriate authorities to redress their grievance against the action of the authorities left open.
25. Thereafter heard the Counsel for the Applicants and the official respondents.
26. The Counsel for the Applicant submitted that since the regulators have already initiated proceedings against the alleged encroachers, the Tribunal may dispose of the matter directing them to proceed with the proceedings already initiated and restore the water bodies to the original position.
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27. The Learned Counsel appearing for State Department submitted that they will take all necessary steps to implement the directions issued by the Courts/Tribunal in protecting the water bodies as it is the primary concern of the State Government to protect water bodies and thereby protect the environment.
28. Considered the pleadings and reports filed and the submissions made by the Counsel.
29. The points that arise for consideration are:-
i. Whether the Applicant is entitled to get any of the reliefs claimed in the application?
ii. What is the nature of direction that can be issued by this Tribunal in this regard?
POINTS:-
30. The grievance in the application was that there was a Kuttai in Survey No. 258/1 belonging to Aadhikesavaperumal Temple, Mugaiyur Village having an extent of 0.98 Cents and a lake by name Vanchi Lake having an extent of 119.252 acres in S. No.188 situated in Mugaiyur Village, Cheyyur Taluk of the then Kancheepuram District. The same were shown as water bodies in the revenue records Large scale encroachments were made into the Kuttai and Vanchi lake reducing its water storing capacity and also causing obstruction to the free flow of water. On account of the reduction of extent of water bodies, the rain water is not reaching the water bodies thereby causing flood in the locality.
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31. This Tribunal appointed a Joint Committee to go into the question and the Joint Committee has filed various reports apart from the independent regulators filing their respective reports regarding the nature of encroachments found and also the nature of action taken by them.
32. It is reiterated by the Apex Courts and also by various High Courts including the Hon'ble High Court of Madras and this Tribunal regarding the responsibility of the State Government to protect the water bodies against encroachment and pollution and if there is any encroachment found, take steps to remove the encroachment and restore the water bodies to the original position.
33. This Tribunal also reiterated the responsibility of the constitutional obligation on the part of the State Government and its instrumentalities in protecting environment which includes protection of water bodies as mandated under Article 48A of the Constitution of India. So, there is no doubt, that there is a constitutional obligation on the part of the State Instrumentalities to take action against those persons who encroached into the water bodies and intermeddling with the flow of water or reducing its extent which may have impact on environment to remove the same restore the water bodies to the original position.
34. The reports referred to above also show the nature of encroachments and also the nature of actions taken by them. In the last report which was extracted in the order dated 23.02.2022, it was mentioned that as regards the Vanchi Lake is concerned, a road was constructed connecting the East Coast Road and the roads leading to Patta lands near the Coasts on the Page 33 of 39 eastern side and there is one eastern road connecting burial ground on the eastern side and the habitants on the western side are using the same.
35. As regards the Kuttai belonging to Aadhikesavaperumal Temple is concerned, there were certain permanent encroachments and certain proceedings were pending before the Hon'ble High Court and the Hon'ble High Court passed orders in W.P. No. 23410 and 23413 of 2021 directing the District Collector to consider the representation regarding the alternate site offer. According to the report, in Vanchi Lake the roads were constructed without obtaining necessary permission. The total extent of the Vanchi lake in Survey No.266 (The survey number was shown as 188 in some of the reports) is around 116 acres. There are no agricultural activities and no bore well or well established in the lake. No shed or permanent structures were constructed therein. As regards the present status of the Kuttai is concerned, as soon as permission is granted by the District Collector, they would take steps to remove the encroachments.
36. Nobody is entitled to encroach into the water body and obstruct the free flow of water or reduce its extent or storage capacity, as water bodies are not only acting as reservoir of water but also it helps to recharge the ground water level in those areas. Moreover, if lake is properly maintained against pollution and encroachment, then water in the lake can be used for drinking as well as irrigation purposes. Since the authorities have already initiated proceedings for removal of encroachments, this Tribunal feels that there is no necessity to retain the case, but dispose of the case by giving certain directions namely:- Page 34 of 39
a. The Block Development Officer - Lathur Panchayat Union, Executive Engineer - Water Resources Department and the District Collector - Chengalpattu District are directed to proceed with the respective proceedings already initiated by them for removal of encroachment in Kuttai comprised in Survey No. 258/1 of Mugaiyur Village and Vanchi Lake comprised in Survey No.266 (shown as Survey No. 188 in the application and in some of the reports filed) of the same Village and take steps to remove the encroachments and take necessary steps to protect the water body against the encroachment and pollution in future.
b. The State Pollution Control Board is directed to monitor the implementation of Solid Waste Management Rules, 2016 in those areas and if there is any violation committed by depositing the solid waste generated into any of the water bodies or discharging any untreated sewage into the water bodies, then they are directed to take appropriate action against those persons who are responsible for the same, strictly in accordance with law.
c. The Block Development Officer - Lathur Panchayat Union and the Water Resource Department are directed to take appropriate steps to protect the water body against encroachment and take remedial measures to avoid encroachments into the water bodies in future by taking appropriate permanent steps of providing fence and developing green belt and other eco-friendly activities.
d. The Block Development Officer - Lathur Panchayat Union, Executive Engineer - Water Resources Department and the District Collector - Chengalpattu District are directed to file their action taken report once in 4 (Four) months, till encroachments are Page 35 of 39 removed and steps taken to protect the water bodies permanently till it is completed.
e. The right, if any, of the persons against whom actions were initiated by the authorities, to approach the appropriate authorities to redress their grievance if they are affected by the orders passed by the authorities under the respective statute, is left open.
f. The right of the applicant to approach this Tribunal or appropriate forum in future, if there is any further cause of action in future due to encroachment or pollution being caused to the water bodies, is left open.
g. The Additional Chief Secretary for Municipal Administration and Water Supply, Principal Secretary for Revenue Department and the Chief Secretary to Government, State of Tamil Nadu are directed to monitor the action of the authorities and provide necessary assistance, if any, required for removal of encroachments from the water body and restore the same to the original position and take appropriate permanent measures to protect the same against encroachment and pollution in future.
37. The points are answered accordingly.
38. In the result, this application is allowed in part and disposed of with the following directions:
(i) The Block Development Officer - Lathur Panchayat Union, Executive Engineer - Water Resources Department and the District Collector - Chengalpattu District are directed to proceed with the respective Page 36 of 39 proceedings already initiated by them for removal of encroachment in Kuttai comprised in Survey No. 258/1 of Mugaiyur Village and Vanchi Lake comprised in Survey No.266 (shown as Survey No. 188 in the application and in some of the reports filed) of the same Village and take steps to remove the encroachments and take necessary steps to protect the water body against the encroachment and pollution in future.
(ii) The State Pollution Control Board is directed to monitor the implementation of Solid Waste Management Rules, 2016 in those areas and if there is any violation committed by depositing the solid waste generated into any of the water bodies or discharging any untreated sewage into the water bodies, then they are directed to take appropriate action against those persons who are responsible for the same, strictly in accordance with law.
(iii) The Block Development Officer - Lathur Panchayat Union and the Water Resource Department are directed to take appropriate steps to protect the water body against encroachment and take remedial measures to avoid encroachments into the water bodies in future by taking appropriate permanent steps of providing fence and developing green belt and other eco-friendly activities.
(iv) The Block Development Officer - Lathur Panchayat Union, Executive Engineer - Water Resources Department and the District Collector - Chengalpattu Page 37 of 39 District are directed to file their action taken report once in 4 (Four) months, till encroachments are removed and steps taken to protect the water bodies permanently till it is completed.
(v) The right, if any, of the persons against whom actions were initiated by the authorities, to approach the appropriate authorities to redress their grievance if they are affected by the orders passed by the authorities under the respective statute, is left open.
(vi) The right of the applicant to approach this Tribunal or appropriate forum in future, if there is any further cause of action in future due to encroachment or pollution being caused to the water bodies, is left open.
(vii) The Additional Chief Secretary for Municipal Administration and Water Supply, Principal Secretary for Revenue Department and the Chief Secretary to Government, State of Tamil Nadu are directed to monitor the action of the authorities and provide necessary assistance, if any, required for removal of encroachments from the water body and restore the same to the original position and take appropriate permanent measures to protect the same against encroachment and pollution in future.
(viii) The parties are directed to bear their respective cost in the application.
(ix) The Registry is directed to communicate this order to the Block Development Officer - Lathur Panchayat Page 38 of 39 Union, the Executive Engineer, Water Resources Organization in charge of these water bodies, District Collector - Chengalpattu District, Chairman - Tamil Nadu Pollution Control Board, the Additional Chief Secretary for Municipal Administration and Water Supply, the Additional Chief Secretary for Environment and Forest Climate Change, Principal Secretary for Revenue Department and the Chief Secretary to Government, State of Tamil Nadu for their information and compliance of directions.
(x) As and when the reports are received, the Registry is directed to place the same before the Bench for consideration and issuing further directions, if any, required in this regard.
39. With the above observations and directions, this Original Application is disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.265/2016 (SZ) 26th April 2022. SE.
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