National Green Tribunal
Suo Moto Proceedings Initiated Basedon ... vs State Of Kerala Rep. By Its ... on 10 June, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.13:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 395 of 2013 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Suo Motu proceedings initiated based
on the representation received from
Justice R. Bhaskaran, Former Judge.
... Applicant(s)
With
The State of Kerala,
Rep. by its Chief Secretary,
Thiruvananthapuram and Ors.
...Respondent(s)
Date of hearing: 10.06.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mr. B. Sarath Babu represented
Mr. E.K. Kumaresan for R1 to R4, R7.
Mrs. M. Sumathi for R5.
Mrs. Rema Smrithi V.K. for R8
Mr. D.S. Ekambaram through
Mrs. P. Jayalakshmi for CPCB.
[1]
ORDER
1. As per order dated 05.11.2020, after reiterating the orders passed by this Tribunal on 19.08.2020 and considering the report submitted by the Kerala State Pollution Control Board which was extracted in Para 4 of the order and the report submitted by the Chief Secretary, State of Kerala which was extracted in Para 5 of the order, this Tribunal had passed the following order:-
"6. It is seen from the report submitted by the Kerala State Pollution Control Board (KSPCB) that there are certain action taken against the Healthcare Facilities for non-complying with the Bio Medical Waste Disposal Rules, 2016. As regards the action to be taken against the local bodies, they sought intervention of the Central Pollution Control Board (CPCB) to give certain guidelines as to how compensation has to be calculated against the local bodies.
7. It is also mentioned in the report submitted by the Kerala State Pollution Control Board (KSPCB) that in order to the implement the directions of this Tribunal and make the Periyar River pollution free, a holistic approach is needed to solve the problem with the co-operation of different government departments including Industrial Department, Irrigation Department, Local Self Government Department, etc. and the Board as well. The report of the supervisory committee's constituted by this Tribunal is also to be taken into account while formulating the action plan to be evolved by the Chief Secretary and Environment Secretary and thereafter, they may be able to come with a detailed report for which they wanted two months time.
8. It is also mentioned in the report that as regards the alleged discharge from the industrial units in the reclaimed portion of the Chakkarachal paddy field, as the canal is concealed, at present the Board could not identify any discharge into it. The [2] Board had issued directions to the Superintending Engineer, Irrigation Department to make canal/drain accessible for inspection or provide inspection chambers/manholes at definite intervals along the entire stretch of drain so as to indentify unauthorized pipelines, if any, laid down by the industries to the canal. The District Industries Centre (DIC) was also instructed to take necessary action to ensure that no illegal discharges are occurring along the drain which is reported to be provided for lift irrigation to the paddy field but no details were received from the government agencies.
9. It is also further mentioned in the report that regarding the implementation of the Common Effluent Treatment Facility Plant at Edayar Industrial Estate, it was already brought to the notice of the Government and discussions are being held at Government level with industrial departments.
10. It is clear from this that the co-operation of the Irrigation Department is also required for the purpose of finding out any illegal discharge is being done by the industrial units through the canal established by them for lift irrigation purpose in that area.
11. So, we direct the Irrigation Department to co-operate with the Kerala State Pollution Control Board (KSPCB) to inspect the canal which has been established by them by providing necessary scientific assistance so as to identify as to whether there is any violation committed by any of the industries by clandestinely connecting their discharge pipes into the canal in order to discharge the untreated effluents into the Periyar River.
12. The Chief Secretary, State of Kerala is also directed to consider these aspects and give necessary directions to the Irrigation Department to co-ordinate with the Kerala State Pollution Control Board (KSPCB) to trace out the violators, if any, so as to take action against them to protect Periyar River from pollution.
13. Considering the circumstances that the State Government is now taking some steps to co-ordinate with all the departments and they want some time for submitting the report, we feel that some more time can be granted to them to come with a proper action plan to prevent pollution being caused to Periyar [3] River and restore the same to its original position so as to make it a pollution free.
14. The Irrigation Department is also directed to consider the suggestions made by the Pollution Control Board in their report regarding the release of certain amount of water during lean period so as to avoid pollution being caused to Periyar River.
15. Further, we may also mention that there is already a direction given by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.498 of 2015 (Pushp Saini Vs. Ministry of Environment, Forests & Climate Change & Ors.) dated 09.08.2017 directing the authorities to maintain a minimum environment flow in excess of 20% during lean season in respect of any river in the country and the Ministry of Environment, Forests & Climate Change (MoEF&CC) was directed to consider the same and issue directions in this regard. Further, similar directions have been given by the Principal Bench of National Green Tribunal in some other cases also where the necessity for maintaining environment flow to the extent between 15% - 20% was directed in order to avoid pollution being caused to rivers and also to enable increase of ground water level and improve the ground water recharge in the river beds.
16. The Chief Secretary, State of Kerala is also directed to consider these aspects and give necessary directions to the Irrigation Department to maintain minimum environment flow without making the river dry during lean season so that the possibility of pollution being caused on account of opening the bunds during rainy season without treating the same into the river can be avoided.
17. The Chief Secretary is directed to consider all these aspects also while preparing the action plan to protect the Periyar River on the basis of the directions given by the Tribunal.
18. The learned counsel appearing for the Pollution Control Board also submitted that the supervisory committee also submitted a report to this Tribunal by e-fling and hardcopies were also handed-over on 02.11.2020 but the office informed that such report has not been received.[4]
19. The Office is directed to verify the same and if such report has been received, then place the same before this Bench on the next hearing date.
20. The learned counsel appearing for the Pollution Control Board is also directed to verify the same and see that the report reaches the Tribunal.
21. It is seen from the report submitted by the Chief Secretary that they have received the report submitted by the supervisory committee wherein, it was mentioned that they are expected to complete the final report to be submitted on 31.01.2021 and they want time upto 28.02.2021 for submission of the action plan by them.
22. So considering the circumstances and also the nature of work involved, we feel that the request made by the Government can be accepted. The committee as well as the respective departments and the State Government are directed to submit their respective further action taken reports and progress reports and action plan as directed by this Tribunal on or before 26.02.2021 by e-filing along with necessary hardcopies to be produced as per Rules."
2. The case was originally posted to 26.02.2021 for filing further report as directed. Thereafter, the matter has been adjourned from time to time by notifications and lastly, it was adjourned to today by notification dated 29.04.2021.
3. When the matter came up for hearing today through Video Conference, Mr. B. Sarath Babu represented Mr. E.K. Kumaresan, counsel appearing for respondents 1 to 4 & 7, Mrs. M. Sumathi represented 5th respondent Mrs. V.K. Rema Smrithi represented 8th respondent and Mr. D.S. Ekambaram through Mrs. P. Jayalakshmi represented CPCB.
[5]4. The Joint Committee has filed the progress report dated 02.11.2020 e-
filed on 07.11.2020 and received on 07.11.2020 which reads as follows:-
"UPDATED STATUS REPORT FILED BY THE JOINT COMMITTEE AS PER THE ORDER DATED 19.08.2020 IN THE ABOVE APPLICATION We, the members of the Joint Committee (JC) constituted as per the order 25.01.2019 in OA 585 of 2018 [Now OA 395 of 2013 (82), are competent to represent the committee. We know the facts and circumstances of the case. The factual submissions made here under are true and correct to the best of our knowledge, information and belief. In these circumstances, it is just and necessary that this Hon'ble Tribunal may be pleased to accept the accompanying updated status report on file and it is so humbly prayed in the interests of justice in this case.
1. We may humbly submit that the Joint committee had submitted a report on 17.08.2020 explaining the status of actions taken till then. It may also be noted that the Kerala Board had also filed an individual report on 17.08.2020 elaborating the updated actions initiated by them by way of conducting video conferencing on 17.08.2020 among health care facilities and secretaries or representatives of almost all the Local Bodies in Idukki District on which the Hon'ble Tribunal delivered an order dated 19.08.2020 stating as follows.
"We have received a report submitted by the Chairman, State Level Monitoring Committee dated 14.08.2020 and also we have received a report submitted by the Kerala State Pollution Control Board (KSPCB) dated 17.08.2020 along with some annexures.
The report submitted by the Kerala State Pollution Control Board (KSPCB) is only general in nature and there is no specific comments regarding the report submitted by the State Level Monitoring Committee. There is no reference to the report submitted by the State Level Monitoring Committee and what is the proposed action that they are going to take on the basis of the suggestions [6] given by the State Level Monitoring Committee to prevent pollution from being caused to the Periyar River.
Learned counsel appearing for the Pollution Control Board submitted that there are lot of industries and other units functioning in the downstream of Periyar River and some of the causes for pollution are non - compliance of Solid Waste Management Rules, 2016 and also the non - compliance of the Bio - medical Waste Management Rules, 2016 etc. by some units.
Though, the learned counsel submitted that certain action has been taken, what is the nature of action taken against the erring units by the respective Pollution Control Board officials in the respective districts through which the Periyar River passes is not mentioned in the report.
When this was pointed out, learned counsel appearing for the Pollution Control Board submitted that they would come with the detailed report regarding the action taken against each erring unit in the area covered by the Periyar River stretch ".
2. It may also respectfully submit that the Chairman, SLMC had given a specific direction in July 2020 to make a close watch on the banks of river Periyar and to file a report explaining the situation with specific reference to pollution caused by establishments, Industries and Local Bodies. It may be pertinent to note that the river Periyar is flowing through three districts of the entire stretch of about 250 Kilometers i.e., Idukki. , Ernakulam and Thrissur. The main stream of Periyar is from Idukki District and is joined by Perinjankutty river from the east and Muthirappuzha from the north. After the confluence with Muthirappuzha, the river flows northwest and enters Ernakulam District at Neriamangalam. It is joined by its major tributary, the Idamalayar 1.5 km upstream of Bhoothathankettu dam and the Periyar river after traveling about 50 km bifurcates at Aluva into Vattayar and Mangalapuzha branches. Vattayar branch, again diverges into two branches at Kunjunnikkara island as Eloor and Edamua branches which rejoin at Varapuzha which is a part of Vernbanad Lake and ultimately reaches Arabian Sea at Fortkochi. The Mangalapuzha stretch after the confluence of Chalakkudy river at Puthenvelikkara which is about 15 kilometers from Aluva reaches Munambam where it [7] empties into Arabian Sea. Copy of the map showing the entire stretch of Periyar river is produced herewith and marked as Annexure A. List of industries, establishments and local Bodies of all the three districts located along the banks of river Periyar has already been forwarded to the Chairman, SLMC which was seen as a part of the report submitted by the Chairman, SLMC on 14.08.2020 before the Hon'ble Tribunal
3. It is respectfully submitted that this Joint committee had submitted a status report on 17.08.2020 as mentioned earlier. The report summarized the status of implementation of EC calculation and imposition as recommended by the Joint Committee as per the order dated 04.02.2020, whereas the order dated 19.08.2020 was pinpointing the pollution of the entire stretch of river Periyar. We may humbly submit that the foremost issues highlighted by the Hon'ble Tribunal vide the interim order dated 04.02.2020 are as explained below, a. Whether any of the Health Care Facilities have been closed for the non compliance of the provisions of the Biomedical Waste Management Rules, 2016.
b. What are the steps taken for the recovery of the amount from others if they did not comply with the rules.
c. The Joint Committee appointed by the Tribunal is directed to ascertain the number of STPs installed in Periyar river stretch and whether they are functioning property and meeting the norms provided for the discharge from STPs into river Periyar and its tributaries which ultimately leads to Periyar and if they are not functioning properly, what is the action taken by Pollution Control Board against the persons who are responsible to maintain the same.
d. The State Govt. is directed to prepare an action plan with effective time line within which this proposal will be completed and the proposed units made operational e. Pollution Control Board is directed to complete the follow up action taken on the basis of notification issued and come with complete action taken report.
[8]and through the report dated 17.08.2020 the Joint Committee intrinsically stated the actions minuted till then and could be reiterated as follows "a. Environmental Engineer, Idukki had already issued notices to the health care facilities who have not applied for ICO / authorization. Follow up actions will be taken by the Board.
b. Follow up action on the request already made with CPCB with respect to modification of the guidelines on Environmental Compensation will be done by the Board. The CPCB official also will make correspondences with the concerned division of CPCB in this regard c. Environmental Compensation shall be calculated based on the existing CPCB guidelines as suggested by the NGT up to 31.07.2020 by Environmental Engineer, District office, Idukki and the same shall be approved by the Board. The Committee suggested that the local bodies / health care facilities shall be individually addressed to remit the environmental compensation assessed as per the existing guidelines of the CPCB.
d. Follow up action on the notices issued and recovery of Environmental Compensation from the St. John's Medical Center and Al Azhar Medical College shall be taken immediately by the Board.
e. Environmental Engineer, Idukki shall carry out the identification of more HCFs, if any operating without the consent to operate and initiate actions as done on earlier occasions.
f. Several HCFs have applied for consent after complying the provisions of BMW Rules 2016 and based on the instruction of the standing council the application of the HCFs has been kept pending. An opinion on whether the consent may be granted to such HCFs may be sought from Hon'ble NGT.
g. Since some restrictions are imposed due to the lockdown and considering the wide spreading of the COVID - 19 pandemic sufficient time may be asked from NGT to carry out the verification of STPs located along the banks of river Periyar and for damage assessment which needs several field visits as demanded in the order dated 04.02.2020 in OA 395 of 2013.
[9]The committee asked the regional officer to submit a brief report on the updated action in this case and relevant portion of the report explains as follows:
As per the decision of the joint committee meeting, I may report the present status of the HCF and local bodies in Idukki District
1. Health Care Facilities Total number of HCPs verified in the matter of OA 395/2013 and its present status is as follows.
Total number of HCFs included: 130 HCFs applied for authorization / consent (Fresh): 55 HCFs applied for authorization (renewal): 20 HCFs with valid authorization / consent : 8 Show cause notice issued: 47 HCFs not applied for authorization / consent till date: 45 It may kindly be noted that individual directions has been issued to M / s. Rajakkad Medical Center, Rajakkad, St. Johns Medical Center, Rajakkad, and AL Azhar Medical College and super specialty hospital, Thodupuzha. M / s Rajakkad Medical Center had remitted Rs.1,08,000 / - as Environmental Compensation. Online application submitted by Al- Azhar Medical College is pending at Head Office. M / s St. Johns Medical Center, Rajakkad has filed WPC No. 25910/2019 before the Hon'ble High court of Kerala challenging the Direction. The case is pending at the Hon'ble High Court. Both the units are not remitted Environmental Compensation.
As per the decision of the joint committee, Environmental Compensation has been recalculated up to 31.07.2020 for all the Health Care Facilities which are not applied for authorization / consent till date with necessary documents and adequate fee. Dr. Warrier's Ayurveda Hospitaland Research Center, Perumpillichira has submitted letter dated 05.11.2019 stated that the units started functioning from 01.04.2019 and submitted documents such as letter from Panchayat and District Medical Officer for proving the same. They agreed to pay Environmental Compensation for a period from 01.04.2019-08.04.2019 since the HCF has been applied for consent to operateon 09.04.2019 and [10] consent was issued with validity up to 01.03.2023.Inspection was conducted on 03.12.2019 for verifying the documents submitted by them and also verified OP and L.P. registers and found that their request is genuine. Environmental Compensation Rs. 9,600/ - recalculated for 8 days.
2. Local Self Government Institutions In addition to several instructions given earlier for the effective implementation of Solid Waste Management Rules 2016, letter has been sent to Deputy Director of Panchayat with guideline in Malayalam by incorporating relevant sections of the SWM Rules 2016. In connection with this letter Deputy Director of Panchayat has conducted a meeting on 19.06.2020 at the Chamber of the District Collector, Idukki for verifying the progress in implementation of Solid Waste Management Rules 2016. Board Official, District Coordinator Haritha Kerala Mission and Suchithwa mission attended the meeting . Deputy Director of Panchayat reported that there is improvement in the implementation of Solid Waste Management Rules 2016 in local bodies. In the meeting it was decided to inspect all local bodies, to assess the progress in the implementation of Solid Waste Management Rules 2016. Inspection has been conducted in 8 local bodies namely Adimaly, Nedumkandar, Kumaly, Vathikudy, Vazhathoppe, Idukki, Kanjikkuzhy. Marayoor and Canthalloor panchayats. Improvement in implementation of SWM is noted only in model panchayats such as Adimaly and Kumaly. But in the case of other local bodies there is no improvement in implementation of SWM Rules noted. Further inspection could not be conducted because of the restrictions due to COVID 19 pandemic. A meeting has been conducted on 29.07.2020 with the DDP, District coordinator, Haritha Kerala Mission, Suchithwa mission and the Secretaries of all local bodies through Video Conference to assess their status of implementation of SWM Rules 2016. Officials from all the local bodies have attended the meeting, In this meeting instruction have been given to all local bodies to report their status of implementation of SWM Rules in the format given from Head Office of the Board earlier. 17 Grama Panchayats and 2 Municipalities have submitted the filled format. Awaiting reply from other local bodies and inspection will [11] be conducted on receiving the filled format and when the situation becomes favorable. As per the decision of the joint comunittee, Environmental Compensation has been assessed up to 31.07.2020."
It is respectfully submitted that the assessment of Environmental Compensation was made in both the cases as per the guidelines issued by the CPCB which are forwarded to Board for further actions as specifically instructed by the Hon'ble Tribunal. However, there were opinions that the EC assessments resulted in exorbitant amount. Idukki district, being a hilly terrain in the Western Ghats having lower population densities, a much decentralized approach of waste management is practical and being practiced. In this scenario, the disparity of assessing EC, which is based around centralized waste management in urban cities / Class 1 towns, has been pointed out by many stake holders. In the light of the above facts, KSPCB proposed a modification in EC assessment and the proposal for modification EC calculation is forwarded to the concernd division of CPCB. Hence, the Hon'ble Tribunal may be pleased to allow reassessment of environment compensation recommended by the SPCB as reported earlier in both the cases viz. HCFs, as most of the HCFs except those specifically addressed are satisfactorily managing the waste generated and complied with BMW Rules 2016. Also, as most of the claims by local bodies were physically verified by the Regional Officer, SPCB, Idukki and found that about 50% of the local bodies are showing specific improvements in complying with SWM Rules 2016 and as per the recent reports received from many Other local bodies, it can be seen that they are actively performing solid waste management practices at respective areas under their jurisdiction. However, a request was once again sent to CPCB asking earliest action in the revision on environmental compensation guidelines. It is pertinent to note that SPCB's suggestion on the reassessment is now under the consideration of the CPCB."
4.) It is respectfully submitted that the very precise direction of the Hon'ble Tribunal as per the order dated 19.08.2020 is read as follows [12] "Further, in order to ascertain the nature of things which are to be assessed and immediate steps to be taken as temporary measures to avoid pollution being caused to the Periyar River, we feel that that committee appointed by this Tribunal in Original Application No.396 of 2013 can be directed to go into these aspects on the basis of the observations made by the Chairman, State Level Monitoring Committee and come with a plan for remedying the situation in an effective manner and submit a report to this Tribunal before the next hearing date. We direct accordingly. The Registry is directed to communicate this order along with the report submitted by the Chairman, State Level Monitoring Committee dated 14.08.2020 in this case to the committee members in OA No. 396 of 2013 so that they can go into the question and submit a proper action plan for remedying the situation in an effective manner as directed by this tribunal and posted on 05.11.2020"
5. We may also humbly submit that, During the meeting convened on 22.10.2020 the Regional Officer, District Office, Idukki had submitted certain updates and are as follows a. Health Care Facilities "Total number of HCFs include to OA 395/2013 and its present status is as follows.
Total number of HCFS included: 130 HCFs applied for authorization / consent (Fresh): 55 HCFs applied for authorization (renewal): 24 HCFs with valid authorization / consent: 9 Show cause notice issued: 47 HCFs not applied for authorization / consent till date: 42 It may kindly be noted that in addition to the case filed by M/s St. Johns Medical Center, Rajakkad (WPC No. 25910/2019) before the Hon'ble High court of Kerala challenging the Direction, they have filed another case W.P. (C) No. 17160/2020 before the Hon'ble High Court, charging the non - renewal of license by the Rajakkad Grama Panchayat and challenging the action taken by the Board to reject the application for renewal of consent on the ground that the compensation as directed by Hon'ble NGT has not been remitted. It may be noted that the interim order dated 08.09.2020 directed by the Panchayat to renew license provisionally. Both Al Azhar Medical College hospital, Thodupuzha and St. Johns [13] Medical Center, Rajakkad have not remitted Environmental Compensation till date.
Meanwhile, four dental clinics namely M / s Smile Boutique Dental Clinic, Thodupuzha, M/s Smile Tree Dental Clinic, Thodupuzha, M / s Thekkumkattil Dental Clinic, Thodupuzha and M / s Johney's Multispeciality family Dental Clinic, Muttom (this HCF is not) included in the list forwarded to Hon'ble NGT) and M / S Karuna Hospital, Muttom have filed petition against the Board in WP (C) No. 10740/2020 in anticipation of the imposition of Environmental Compensation and inconsideration of their application for authorization. Also M / s Dr. Tooth Family Dental Care, Thodupuzha has also filed a separate petition in W.P. (C) No. 12914/2020. Both the cases are pending before Hon'ble High court of Kerala ".
6. It is respectfully submitted that the Hon'ble Tribunal while hearing the OA 396 of 2013, 262 of 2017 and 242 of 2016 together also stated and directed as follows "The learned counsel appearing for the Pollution Control Board submitted that there are three cases now pending before this Tribunal in respect of the same issue relating to different areas where the common cause is regarding the pollution caused to Periyar River. If the committee that has been constituted by this Tribunal in 0.A. No. 396 of 2013 is directed to supervise the entire stretch of river Peiryar, then a comprehensive and consolidated report can be filed by them regarding the remediation in respect of the entire stretch of Periyar River.
a). Even in the committee constituted by this Tribunal in O.A. No. 262 of 2017 most of the members are common in both the committees. So there will not be any difficulty for this Tribunal to direct the committee that has been constituted by this Tribunal in
0.A. No. 396 of 2013 to look into the entire issue and submit a comprehensive report regarding implementation of the remedial measures uggested by the committee.
b) So, we direct the committee constituted by this Tribunal in 0.A. No. 396 of 2013 to look into the issues in OA. No. 262 of 2017 and O.A. No. 242 of 2016 as well. The Principal Bench of National Green Tribunal in respect of polluted river stretches has [14] directed the Chief Secretary and Principle Secretaries of Irrigation as well as local administration to have a co - ordination for implementing the remedial measures for making the polluted river stretch pollution free and it appears that on the basis of the directions given by the Principal Bench, several committees from the State level and the district level have been formed, so as to supervise the implementation of the remedial measures and make the polluted rivers free from pollution. Inspite of all those things the result is not to the extent expected and to the satisfaction of the Tribunal. So, the Chief Secretary as well as the Principal secretary of the local administration and the Irrigation Department are also directed to involve in this issue and make eamest effort to provide necessary financial aswell as other assistance for the purpose of implementing the remedial measures suggested by the committee, so that the process of the implementation can be quickened. Any delay in implementation of such recommendation will only result in further disaster which is the responsibility of the State Government to prevent and they are expected to prevent the disaster from bing happening and not to act after the disaster has happened.
c). The committee is directed to submit a further consolidated progress report of implementation of the remedial measures suggested to make river Periyar pollution free along with the subsidiary streams and canals which also joins the Periyar as without remedying the pollution caused to those canals and rivers, any amount of steps taken in Periyar river alone is not going to achieve the desired results.
d). The committee is directed to submit a further progress report of the implementation and also the water quality of the Peiryar River so as to enable this tribunal to understand as to whether on account of the remedial measures taken any improvement has caused in the water quality of the river.
e). Further, they are also directed to go into the question as to whether there were any clandestine method of discharging untreated effluents by the industries into river peiryar and that will also have to find out by conducting surprise inspection of the industries and if there is any such illegal act is found, then the regulating authorities are directed to take steps against those [15] industries or Institutions who are discharging untreated effluents into river Periyar in accordance with law.
f). They are not expected to get any further orders from this Tribunal for that purpose. Once it is found during surprise inspection, that there is violation then, they will have to act swiftly in accordance with law to prevent such mischief and not to wait for the orders of this Tribunal to exercise their statutory powers which has been vested in them to protect environment.
g). The committee is directed to submit the progress report for implementation of the remedial measures and its progress as directed by this Tribunal on or before 21.12.2020 by e - filing along with necessary hardcopies to be produced as per rules.
h). The Registry is directed to communicate this order to the member of the committee constituted in O.A. No. 396 of 2013 and O.A. No. 262 of 2017 and also to the Chief Secretary, State of Kerala, the Principal Secretaries of Irrigation and Local Administration, so as to enable them to comply with the direction of this Tribunal"
7. We may humbly submit that, on hearing the direction dated 19.08.2020 of the Hon'ble Tribunal in OA 395 of 2013, the Nodal Officer of the Supervised Committee constituted as per the order dated 21.01.2019 in OA 560/2018, OA 561/2018 (Now numbered as OA 396/2013, OA 242/2016) was contacted and a video conference of all nodal officers viz. OA 396/2013, OA 395/2013 and OA 262/2017 were convened on 10.10.2020. During session, it was primarily decided that the Joint Committee in OA 395 of 2013 will be able to look into the pollution problems of Idukki District since all the local bodies and HCPs of Idukki District were already addressed and actions against them are undergoing, It may be pertinent to note that the explicit actions required on the report of the Chairman, SLMC pertaining to Idukki District also would be coming under the purview of the Joint Committee. Also, the other two Districts would be managed by Supervised Committee and the Committee constituted as per order in OA 262/2017. It was also decided during meeting about the future course of actions to be taken and had proposed another meeting of all the committee members of the three committees on 22.10.2020 at Kochi. It may be [16] noted that all the officials were met on 22.10.2020 and decisions were taken to satisfactorily complete the procedures as instructed by the Hon'ble Tribunal. In the meeting of joint committees in OA 396/2013, 395/2013 and 262/2017 it was decided to monitor and inspect Periyar river pollution in three phases of activity. Phase 1 monitoring is along the river stretch in Idukki district and this committee shall oversee the preparation of inspection plan with respect to this. Phase 2 activity shall cover the river stretch from Idukki - Ernakulam border (Neriamangalam) to Aluva and Mangalapuzha branch in Thrissur district. Phase 3 activities shall be concentrating on the Periyar river stretches from Aluva to Eloor ferry covering the industrial areas in Eloor, Edayar and Kalamassery. Copy of the action plan prepared during the meeting dated 22.10.2020 is produced herewith and marked as Annexure B.
8. It is respectfully submitted that during the meeting the Nodal Officer of OA 395/2013 (Chief Environmental Engineer) explained about a suo motu public interest writ petition WP (C) 9500 of 2020 which was filed before the Division Bench of the Hon'ble High Court of Kerala on the basis of the media reports in mainstream and social media about the contamination of Periyar river, especially the reports appeared in the Indian Express and Times of India dailies. Accordingly, the Government as well as the Pollution Control Board were directed to place pleadings and reports before the Hon'ble High Court as per its order dated 21.4.2020.
Thereafter, on 16.10.2020 an order was passed by the Hon'ble Division Bench and the main content of the order is as follows, "While so when the matter came up before us on 29.9.2020, on the basis of certain information we were informed that, the issue with respect to the pollution of river Periyar is already pending consideration before the National Green Tribunal, Southern Bench and various orders are being issued by the Tribunal in order to abate the nuisance. Accordingly, we directed the respondents to produce the details with respect to the pending proceedings before the National Green Tribunal with the hopeful intention of avoiding the multiplicity of proceedings before two forums. Accordingly, the [17] Pollution Control Board has produced the order passed by the National Green Tribunal WP (C) .No. 9500 OF 2020 (S) 19 along with IA No.3 / 2020.
4. Today when the matter came up before us, all respective parties were heard and we have extensively gone through the orders passed by the National Green Tribunal in 0.A.No.396/2013,
0.A. No.262/2017 and O.A.No.395/2013. On going through the orders, we find that the aforesaid three original applications were filed before the National Green Tribunal seeking to redress the grievances faced by the public due to the contamination of river Periyar, which water sources is dependent by various Panchayats, Municipalities and the Cochin Corporation area for requirement of drinking water. We are also of the view that the National Green Tribunal taking into account the factual situations presented before it are issuing periodic orders and is making all earnest efforts to abate the pollution of river Peiryar. In fact from the orders passed, it is clear that various scientific reports were also called for by the National Green Tribunal and is keenly monitoring the developments that are taking place on the basis of the directions issued to various stakeholders. It is also clear that various research organizations are also involved in the remediation process and every attempt is made to ensure that the river is made pollution free and to stop discharge of effluence from the factories, business establishments and other adverse human interventions.
5. In that view of the matter, we are of the view that the suo motu writ petition can be given a quietus leaving open the contentions advanced by the WP (C) .No.9500 OF 2020 (S) 20 impleading petitioners as well as others in the writ is made before the National Green Tribunal. Even though a submission is made before this Court so as to issue direction to the National Green Tribunal to attain finality to the pending proceedings, we are of the considered opinion that a lot of intrinsic issues are involved in the pending applications and we do not think providing a time limit for taking a final decision would be a viable solution Moreover, ultimately the requirement of the public is to clean up the river Periyar and therefore, finalization of the proceedings in a hap hazard manner would not be conducive to the issues [18] involved. Therefore, the suo motu writ petition is disposed of recording the above aspects and leaving open the liberty of all parties to project their views before the National Green Tribunal in the pending proceedings or any others ".
9 It is respectfully submitted that with respect to the specific issue of pollution problems experienced in Idukki District, the Joint Committee approved the assessment made by the Regional Officer, SPCB, Idukki towards Environmental Compensation in both the cases viz. HCFs as well as LSGDs as per the guidelines issued by the CPCB which were already forwarded to the Board for further actions as specifically instructed by the Hon'ble Tribunal. However, there were opinions that the EC assessments resulted in exorbitant penalties. Idukki district, being a hilly terrain in the Western Ghats having lower population densities, a very decentralized approach of waste management is practical and being practiced. In this scenario, the disparity of assessing EC, which is based around centralized waste management in urban cities / Class 1 towns, has been pointed out by many stake holders. It may be pertinent to note that, from the EC assessment of local bodies of Idukki District attached as a part of this report document, the Grama Panchayath named "Edamalakkudy classified as backward is having 106 km2 area with just 2236 people residing (Population Density - 21.09). Here, a centralized plant is practically uneconomical where as decentralized methods are sufficient. It may be noted that this local body is yet to be inspected by the Regional Officer to verify the facilities since this local body is at a remote place and is hardly accessible. Hence the assessment of Environmental Compensation is not made which will be done once the Grama Panchayath is visited and its facilities are verified. Also on thorough assessment of the guidelines provided by the CPCB, it can be seen that the calculated EC are almost similar irrespective of the solid waste management achievement (%). For illustrating this abnormality EC was calculated for various local bodies with 75 and 90% achievement assumed in waste management, in both scenarios the resulted EC was the same (Annexure C & D). This exemplifies that the present calculation results in exorbitant EC even if achievement is 90% and the EC calculated is not correlating with [19] the achievements (%) or any other variables of it. It may also be seen that recommended "max - min" values for EC on Capital Cost Component is not reasonable as it is based only on centralized waste management system. In the light of the above facts, KSPCB proposed a modification in EC assessment and the proposal for modification of EC calculation was forwarded to the concerned division of CPCB. Hence, the Hon'ble Tribunal may be pleased to allow reassessment of environment compensation recommended by the SPCB as reported earlier in both the cases viz. HCFs, as most of the HCFs except those specifically addressed are satisfactorily managing the waste generated and comply with BMW Rules 2016. Also, as most of the claims by local bodies were physically verified by the Regional Officer, SPCB, Idukki and found that about 50 % of the local bodies are showing specific improvements in complying with SWM Rules 2016 and as per the recent reports received from many other local bodies, it can be seen that they are actively performing solid waste management practices at respective areas under their jurisdiction. However, a request was once again sent to CPCB asking earliest action in the revision on environmental compensation guidelines. It is pertinent to note that SPCB's suggestion on the reassessment is now under the consideration of the CPCB. Copy of EC assessment as per the CPCB guidelines are attached as Annexure E (a, b & c) and Annexure F (a, b, c & d) for HCFS and local bodies respectively. Re - assessment procedure from CPCB is awaited. However Environmental Compensation amount based on the prevailing formula have been prepared and individual notices to 127 HCF & 53 local bodies for levying the Environmental Compensation are issued by the Board. Copy of model notices (Show Cause Notice) issued to HCFs and local bodies are produced herewith and marked as Annexure G & H respectively and notices issued to such HCFs and local bodies are shown in Annexure E (a, b & c) and F (a, b, c & d) respectively.
10. It is humbly submitted that, assessment of environmental damages in this matter is a huge challenge as the committee has to address the illegal dumping of solid / biomedical wastes which is more like non - point pollution sources scattered along the banks of river and roadsides. Quantifying such pollution [20] happened in the past, assessing the environmental damages and fixing responsibility of such damages are quite a challenge and committee has already deliberated on several approaches to be adopted in this particular scenario. It was suggested to conduct field survey and collect relevant data for the assessment of damages to environment due to the unscientific management of solid waste. It is most relevant to note that the Hon'ble Tribunal vide order dated 19.08.2020 in the above mentioned application entrusted the "Supervised Committee constituted as per the order dated 21.01.2019 in OA 560/2018, OA 561/2018 (Now numbered as OA 396/2013, OA 242/2016) to exclusively look into the pollution caused to river Periyar in Idukki District also. The pollution caused on account of illegal disposal of wastes along the road which inturn pollute the river which was personally recognized by the Hon'ble Justice Bhaskaran, the instance from where this case originated. The special geography of the land, especially the undulating / slopy terrain of the District, creates dreadful chances for pollution of rivers if the waste management facility is not properly managed by the establishments. / Industries and especially local bodies. At this juncture, we the Joint Committee is planning to give more emphasis on supporting proper waste management by establishments / local bodies and to prevent illegal dumping of waste along river banks as decided during the meeting convened on 22.10.2020 of all the Committees. It was also decided to inspect the establishments / Industries identified by the Board and the details of such establishments / Industries have already passed on to the Chairman, SLMC. It may be noted that, waste management in all the local bodies have been addressed appropriately by the Board and special attention will be given to local assessment of environmental damage. In these circumstances, some more time may be allowed to complete the procedures viz., Assessment of Environment Damage etc. and to submit updated status report before this Hon'ble Tribunal.
Dated this the 2nd day of November, 2020."
[21]5. Mr. Justice A.V. Ramakrishna Pillai, Chairman, Kerala State Level Monitoring Committee has filed an independent report dated 08.01.2021 received on 12.01.2021 which reads as follows:-
"Additional Report On 14.08.2020 I have presented a report before this Hon'ble Tribunal pointing out the sad plight of river Periyar and making certain suggestions for the improvement.
I make the present report in the light of certain recent events brought to my notice regarding the same issue.
On 31.12.2020, I received a Whats App message pointing out the polluted situation of river Periyar near the Bridge - cum - Regulator at Pathalam. Annexure XI is the copy of the screen shot received along with the said message. The photographs show the turbid condition of the water on account of the intrusion of some pollution.
The matter was intimated to the Chairman, KSPCB over telephone who in turn directed the Regional Office to conduct an enquiry and to submit to report in the matter.
Accordingly, the Chief Environmental Engineer on 02.01.2021 submitted a report to me, which in turn was on the basis of an enquiry report by the Senior Environmental Engineer of the Environmental Surveillance center of KSPCB at Udyogamandal. The Chief Environmental Engineer reported as follows:
"In this regard an inspection was conducted on the same day (31.12.2020) by the Senior Environmental Engineer, Environmental Surveillance Centre, Eloor and submitted report on 01.01.2021. It may be noted that these types of phenomena are common in that area where closing of shutter for a long time creates stagnation of water on the upstream portion of the bund which often cause scum formations and anaerobic conditions there. Usually this will no long exist as happened this time also where the floating [22] matter dissolved quickly as explained in the inspection report of the Senior Environmental Engineer. However, samples were collected from this area and sent to Central Laboratory for reports.
It may also be noted that though specific directions are already been given to Irrigation Department who are controlling these regulators, are neither satisfactory operating the same nor intimating the periodicity of shutter opening in advance so that environmental flow could be maintained and monitoring could be suitably conducted by the Board.
Kindly find attached the report submitted by the Senior Environmental Engineer as Appendix 1".
The report of the Senior Environmental Engineer referred to as Appendix-1 is appended as Annexure - X2 series to this report.
It is relevant to note that the reason pointed out for the turbid nature of the water, by the Pollution Control Board is the closure of the shutter of the regulator for so many days. However, the KSPCB has no case that the direction of the Principal Bench of the NGT in O.A. No.498 of 2015 to maintain minimum flow of 15 to 20 percent of the average lean season flow has not been complied with by the Irrigation Department on the relevant date. If the turbidity of the water is on account of the closure of the shutters for a long time, it should happen in all water bodies were regulators are provided. Patently it was on account of the intrusion of certain outside elements into the river water. Such type of turbidity was seen even during rainy season. During the first week of August, 2020 I had received video graphs showing the flow of industrial wastes through the river. This was reflected in my report dated 14.08.2020.
On 1st January, 2021 I have received another Whats App message showing the formation of a dumping yard near the bridge cum regulator across the Mutta River at Manjummal, Muttar River ultimately joins River Periyar near Cheranelloor area. This was also reported to the KSPCB and I along with Chief Environmental [23] Engineer, KSPCB, Regional Office, Ernakulam conducted a local inspection on 3rd January, 2021.
Annexure-X3 is the location map of the area and Annexure- X4 series are the photographs of the location. The waste materials now seen deposited on the bank of the river are likely to be washed down to the stream during heavy rain.
In my report dated 14.08.2020, the necessity of directing the local bodies to take action against the violators of environmental laws was specifically pointed out. One of the main reasons for the pollution of river Periyar is the lethargy on the part of the local bodies in a curbing the violation of Environmental laws which are conveniently utilized by institutions and individuals.
Dated this the 8th day of January, 2021."
6. It is mentioned in the report that dumping of waste and discharge of sewage near the bridge cum regulator across the Muttar River at Manjummal goes unabated, which ultimately reaches the river Periyar showing the nature of pollution that is being caused at the opening point of the regulator. Photographs annexed with the report are showing the pathetic condition in which the waste management is being handled by the local bodies in those areas.
7. The Kerala State Pollution Control Board also filed an updated status report dated 08.06.2021 e-filed on 09.06.2021 and received on 10.06.2021 which reads as follows:-
"UPDATED STATUS REPORT FILED BY THE ENVIRONMENTAL ENGINEER FOR AND ON BEHALF OF THE [24] BOARD AS PER THE ORDER DATED 05.11.2020 IN THE ABOVE APPLICATION I, Mini Mary Sam, 54 Years, Environmental Engineer of Legal Cell of Kerala State Pollution Control Board am authorized to submit individual status report for and on behalf of the Board. I know the facts and circumstances of the case. The factual submissions made hereunder are true and correct to the best of my knowledge, information and belief. In these circumstances, it is just and necessary that this Hon'ble Tribunal may be pleased to accept the accompanying updated status report on file and it is so humbly prayed in the interests of justice in this case.
1. This Hon'ble Tribunal vide order dated 05.11.2020 directed as follows:
"The committee as well as the respective departments and the State Government are directed to submit their respective further action taken reports and progress reports and action plan as directed by this Tribunal on or before 26.02.2021 by e filing along with necessary hardcopies to be produced as per Rules."
2. It is humbly submitted that the actions taken by the Board on the report of the Chairman, SLMC had been reported by the Board in the earlier report filed on 02.11.2020. Necessary follow up actions were taken by the Board on notices issued earlier. Consolidated report on the follow up taken by the Board on the observations of the Chairman SLMC is produced herewith and marked as Annexure 1.
3. With respect to the orders of this Hon'ble Tribunal, for conducting inspection along the entire stretch of River Periyar, a Combined Committee consisting of members Supervisory Committee, Joint Committee (constituted in this 0.A) and Committee constituted in O.A. 262/17 was formed. Specific monitoring relations were fixed by the Combined Committee. After the finalization of specific monitoring stations, individual teams were formed among combined committee and joint inspections and monitoring along selected stations viz. river, tributaries and drains were conducted in two phases. Copy of details of monitoring conducted along Idukki stretches are produced herewith and marked as Annexure 2. From the report no exceedance were identified [25] except on the samples collected from certain drains for BOD and coliform concentration which indicate domestic pollution. Similar monitoring was carried out along the lower stretches also viz. Perumbavoor, Ernakulam, Eloor and Thrissur, copies of which are produced herewith and marked as Annexure 3, 4, 5 and 6 respectively.
4. It may also be noted that certain actions are initiated by the Board through its District offices after identifying violations committed by respective industries / establishments. Actions taken from offices (Idukki, Perumbavoor, Eloor, Emakulam and Thrissur) are given in Annexure I.
5. It is respectfully submitted that almost all Local Bodies in Idukki district had submitted replies to show cause notices issued by the Board for not assessing Environmental Compensation for violations committed as per the SWM Rules 2016. Based on their replies, these local bodies were inspected once again by the District Officer, Idukki and he assessed the percentage achievement on the effective management of solid waste. Copy of the updated status is produced herewith and marked as Annexure 7.
6. It is respectfully submitted that the Combined committee formed to coordinate the activities of river monitoring met twice last month and again on 05.06.2021 to discuss in detail the updated actions initiated by the Board. The Combined committee reviewed all the activities and decided to schedule the third phase monitoring / post monsoon monitoring after the finalization of the first and second phase monitoring reports. Copy of the minutes of the meeting convened on 29.05.2021 is produced herewith and marked as Annexure 8.
7. It is humbly submitted that the Board had raised certain contentions on the formula provided for the assessment of EC for local bodies and HCI's where exorbitant rates are obtained while assessing respective ECs. Verification of all the solid / sewage management being a herculean task, percentage achievement in the management of waste has been taken into account for assessing EC. EC was assessed for the gap between total generation and treatment of waste quantities with respect to solid wastes. Copy of the criteria followed is produced herewith and marked as Annexure [26]
9. Though maximum precautions are taken to find out the violations, there were opinions that the EC assessments resulted in exorbitant penalties. Idukki district, being a hilly terrain in the Western Ghats having lower population densities, a very decentralized approach of waste management is being practiced. In this scenario, the disparity of assessing EC, which is based around centralized waste management in urban cities / Class 1 towns, has been pointed out by many stake holders. It may be pertinent to note that, from the FC assessment of local bodies of Idukki District attached as a part of this ronert document the disparity of assessing EC, which is based around centralized waste management in urban cities / Class 1 towns, has been pointed out by many stake holders. It may be pertinent to note that, from the EC assessment of local bodies of Idukki District attached as a part of this report document, the Grama Panchayath named "Edamalakkudy" classified as backward is having 106 km2 area with just 2236 people residing (Population Density - 21.09 / km2). Here, a centralized plant is practically uneconomical where as decentralized methods are sufficient. Also on thorough assessment of the guidelines provided by the CPCB, it can be seen that the calculated EC is almost similar irrespective of the solid waste management achievement (%). For illustrating this abnormality EC was calculated for various local bodies with 75 and 90% achievement assumed in waste management, in both scenarios the resulted EC was the same (Annexure 10 & 11). This exemplifies that the present calculation results in exorbitant EC even if achievement is 90% and the EC calculated is not correlating with the achievements (%) or any other variables of it. It may also be seen that recommended "max - min" values for EC on Capital Cost Component is not reasonable as it is based only on centralized waste management system. In the light of the above facts, KSPCB proposed a modification in EC assessment and the proposal for modification of EC calculation was forwarded to the concerned division of CPCB. Though SPCB's suggestion on the reassessment is forwarded to CPCB for consideration, no instructions are received till date. It is understood that the Central agency is discussing this issue in its letter and spirit and the Board is expecting an early reply in this regard.
[27]8. The Board had issued directions to 3 major HCFS (Rajakkad Hopsital, Al -Azhar Medical College and St. Johns Hospital) for remitting EC. Rajakkad Hospital remitted EC. Al Azhar Medical College remitted a portion of the EC. St. John's Hospital has not remitted the EC so far and they had filed case in the High Court and the case is pending. Show cause notices were issued to 127 HCFs in Idukki district on 28.10.2020. Majority of these are clinical 8. Laboratories, dental clinics and Govt. Community Health Centers (CHC) and Public Health Centers (PHCs). It is known that some dental clinics had also filed WP. Replies to the show cause notices were received from some of them and some are returned. Inspections are to be conducted to verify the claims submitted by the HCFs. Out of the 127 HCFs in Idukki district, 37 HCFs have not submitted application for authorization so far and the inspection to these filed WP. Replies to the show cause notices were received from some of them and some are returned. Inspections are to be conducted to verify the claims submitted by the HCFs. Out of the 127 HCFs in Idukki district, 37 HCFs have not submitted application for authorization so far and the inspection to these units are progressing to verify the status of these units and could not be completed due to the COVID 19 restrictions. Remaining 90 HCFs applied for authorization and the applications are under processing. The spread of second wave of COVID - 19 delayed inspection to certain Health Care Institution which will be completed after the lockdown restriction are over.
9. As the EC calculated seemed not commensurate with profit gained by the health care facility through non- subscription with CBWTF, the Board had communicated to CPCB vide letter dated 21.10.2019 and 21.12.2019 to change the formula for EC calculation with revised rate and factors for small HCFs and the compensation be calculated as multiples of the cost saved by these units through non-subscription to CBWTF charges or the formula to restrict to red category HCFs only. The matter was raised in the co
- ordination meeting of SPCBs held by CPCB on 25.09.2020. The CPCB minuted the matter and is looking into this issue. As decided in the meeting, a letter was again sent to no CPCB on 20.10.2020 and the matter is under consideration of CPCB. The revision of EC [28] calculation formula for HCFs by CPCB is expected soon and though the inspections to the remaining HCFs are progressing, individual directions to these HCFs for remittance of EC could not be served. Hence some more time may be allowed as similar action is to be taken for the HCFs and local bodies in Ernakulam district.
10. It is submitted that the spread of second wave of COVID
- 19 pandemic delayed all the field activities. In these circumstances, more time may kindly be allowed to complete the procedures viz. assessment of environment compensation etc. and to submit updated status report before the Hon'ble Tribunal.
Dated this the 8th day of June 2021."
8. They have also produced annexure showing the nature of action taken and the proposed action plans on the basis of the directions of this Tribunal dated 05.11.2020 as Annexure - 1.
9. We have also directed the Irrigation and Public Works Department to file a report as to why the recommendations made by the Chairman, Kerala State Level Monitoring Committee regarding the release of water instead of closing bund, so as to maintain the e-flow as has been directed by the Principal Bench of National Green Tribunal which order has been extracted in earlier orders passed by this Tribunal were not complied.
The only method by which sudden pollution being caused to the Periyar River on account of the opening of the regulator can be prevented or mitigated is maintenance of e-flow.
10.Further, we have also directed the Irrigation Department and Public Works Department who are in-charge of the same to consider all the [29] feasibility of the same for implementation and directed them to submit a report, but no such report has been filed so far.
11.We have received a memo filed on behalf of the 1 st respondent through their counsel that due to the pandemic situation prevailing in the State and also code of conduct of assembly election were in force, they could not take any further action in this regard.
12.They have further mentioned in the memo that the Government vide their G.O.(Rt) No.02/2021/Envt dated 05.01.2021 of Environment (A) Department constituted a committee comprising of officers from the Irrigation Department, Local Self Government, Director of Industries and Commerce and Kerala State Pollution Control Board for preparing a holistic action plan on river Periyar. Though first meeting was held on 29.01.2021, subsequent meeting could not be conducted due to the reasons mentioned above and they want three months time to submit a holistic action plan by the State Government to remedy the situation and to save river Periyar from pollution.
13.We feel that some longer time can be given to the State Government to submit a report as directed by this Tribunal. Further, we remind the UN General Assembly resolution for UN Decade 2021-30 is "ecosystem restoration" which includes rejuvenation of polluted rivers and also vanishing water bodies to revive.
[30]14.In the mean time, the joint committee is also directed to consider the feasibility of implementing the recommendations made by the State Level Monitoring Committee in the earlier report which was extracted in previous orders, so as to mitigate the situation to some extent, till the holistic action plan is prepared and implemented. While preparing the holistic action plan to protect river Periyar from pollution, the State Government must consider the short term measures to be implemented, as long term measures will take longer time and the Mother Earth cannot wait for such a longer time to suffer with the pollution. This must be kept in mind by the Government while preparing the action plan, as huge hue and cry is made by the people of Kerala, especially people of Ernakulam District to make the district pollution free by taking effective steps to implement the Solid Waste Management Rules, 2016 by disposing the legacy waste in the dump yards in a scientific manner. Since it is not being scientifically disposed of over a long period, it is also contributing to the pollution of the water bodies.
15.The Joint Committee, Kerala State Pollution Control Board and the State Government, District Collector are directed to file their respective reports to this Tribunal on or before 17.08.2021 by e-filing in the form Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
[31]16.The Registry is directed to communicate this order to the members of the committee, Kerala State Pollution Control Board, the Chairman, Kerala State Level Monitoring Committee and district collectors of the districts through which the river Periyar flows by e-mail immediately, apart from communicating this order to the Chief Secretary, State of Kerala and also to the Principal Secretaries of Environment, Local Administration, Public Works Department and Irrigation, State of Kerala for their information and also to carry out the direction issued by this Tribunal and submitting necessary reports as directed.
17.For consideration of further reports, post on 17.08.2021.
Sd/-
...................................J.M. (Justice K. Ramakrishnan) Sd/-
.........................E.M. (Dr. K. Satyagopal) O.A. No.395/2013, 10th June, 2021. Mn.
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