National Green Tribunal
News Item Titled "CoimbatoreS Perur ... vs Water Resources Department on 24 September, 2024
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Tuesday the 24th day of September, 2024.
Original Application No. 84 of 2024 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion Suo Motu
Based on the news item in www.birdcount.in dated 16.12.2023
titled, "Coimbatore's Perur lake:from Bird Sanctuary to a fish farm?"
Versus
1. Water Resources Department,
Rep by its Chairman,
Namakal Kavignar Maaligai,
Fort St. George, Chennai-600 009.
2. Tamil Nadu Pollution Control Board,
Rep by its Member Secretary,
76, Mount Salai, Guindy, Chennai- 600 032.
3. The District Collector,
Thoothukudi District,
Collectorate Building,
Coimbatore-641018.
...Respondent(s)
For Applicant(s): Mr. Suo Motu
For Respondent(s): Dr. D. Shanmuganathan for R1 & R3.
Mr. S. Sai Sathya Jith for R4.
Judgement Reserved on: 18th September, 2024.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. This Original Application was transferred from the Principal Bench of this Tribunal and numbered as O.A. No. 84 of 2024. The above 1 case has been suo motu registered by this Tribunal based on the news item published in www.birdcount.in dated 16.12.2023 titled, Coimbatore's Perur lake: From Bird Sanctuary to a fish farm?"
2. It is reported that Perur Lake a gently sloping wetland that nurtured a combination of residents and migrant water birds has now been transformed into an unfriendly location with deep pits and valleys. The said news item also raises serious issue of sand mining effected in the water body.
3. The report further states that during the monsoon rains, commercial fishing operations are put in place with the help of nets that crisscrossed the wetlands. Further grievance has been raised relating to expansion of road and removal of vegetation and encroachment along with the building of the containment wall. The said activities have affected the water body.
4. The 1st respondent, Water Resource Department, has filed the action taken report in compliance of the direction of the Tribunal. It is stated in the report that the Perur big tank in Perur Taluk of Coimbatore District is one among Noyyal River system tanks. The water spread area of the tank is 1.072 sq.m holding a capacity of 51.94 mcft, storage depth is 4.51 m. The tank almost filled upto 40-60 percent annually. During 2023 the tank filled upto 50 percent. The tank remained dry during 2016-17 since drought occurred.
5. It is stated that Government of Tamil Nadu in its order G.O. No. 50 industries (mmc1) dated 27.04.2017 permitted the farmers 2 depending on their cultivable area to take the silt which were sedimented in the tank beds which helps in restoring the original capacity of the tank. No sand mining were carried out. Constructions made by Perur Town Panchayat in the water spread area of the tank at channel entry point have been completed removed and restored in original position.
6. It is further submitted that the road was formed over the tank bund and upgraded along the boundary after removal of the encroachments. No encroachments are present now and the road is in use for public traffic. Further retaining wall constructed by the Perur Town Panchayat which protects the tank bund and the road thereby not affecting the water spread area and capacity. The tank holds water to its original capacity thereby enhancing ground water recharge. The tank bunds have been strengthened with protection walls and road cover. The improvement works carried out leads to full water holding capacity of the tank not affecting the ecology of the tank.
7. Further vide District Forest Officer, Coimbatore Division, Coimbatore Letter No. C. No. D2/2206/2020 dated 23.01.2024, the Government has constituted the "District Level Wetland Management Committee (DLWMC)" in all districts of Tamil Nadu for conservation and management of wetlands under the Chairmanship of the District Collector. The Salim Ali Centre for Omithology and Natural History (SACON) has identified 06 prioritized wetlands (including Perur Kulam) in Coimbatore district for issuing notification under Wetland (Conservation and Management) Rules, 2017.
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8. The DLWMC meeting was conducted on various dates i.e., 11.02.2020, 21.12.2021 and 23.06.2022 for identification of water bodies to be notified under Wetlands (Conservation and Management) Rules, 2017. In this meeting, 16 water bodies (including Perur Kulam) has been selected for issuance of notification under Wetlands (conservation and Management) Rules, 2017 and the sub-committee also has been constituted for studying the pre-existing rights and privileges of the adjacent habitation and their dependency on the water body and the above work is under process. Once the proposal is finalized, it will be submitted to the Government and after issuance of final notification under Wetlands (Conservation and Management) Rules, 2017, the wetland rules and regulations will be applicable in the Perur Lake (Perur Kulam).
9. It is also submitted that the Perur Big Tank has not been declared as Bird Sanctuary Wetland by Government of Tamil Nadu. At present the ecology for tank maintained in good manner and receiving more number of birds.
10. From the report of the Water Resource Department it is clear that the Government of Tamil Nadu vide G.O. No. 50 Industries (mmc1) dated 27.04.2017 permitted the farmers to take the silt from the tank beds. Further it is also informed that Perur Big Tank has not been declared as Bird Sanctuary Wetland by Government of Tamil Nadu. There is no illegal sand mining and all the illegal encroachment has been removed.
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11. Government of Tamil Nadu is also identifying the water bodies to be notified under Wetlands (Conservation and Management) Rules, 2017. District Forest Officer vide letter No. D2/2206/2020 dated 23.01.2024 has informed that they have identified 06 prioritized wetlands including Perur Kulam. The process for issuance of notification under Wetlands (Conservation and Management) Rules, 2017 is under process and presently the ownership of the lake is with the Water Resource Department. The ecosystem of tank is maintained in good manner and receiving more number of birds.
12. In view of the above, we direct the Government of Tamil Nadu to complete the process of issuing notification under Wetlands (Conservation and Management) Rules, 2017 at the earliest.
13. Till the process of notification is pending, the Water Resource Department is directed to maintain and protect the Perur Lake and ensure that no illegal sand mining or encroachment take place.
14. With the above direction, the Original Application is disposed of.
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.84/2024(SZ) 24th September, 2024. (AM) 5 Before the National Green Tribunal Southern Zone (Chennai) O.A. No. 84 of 2024 Tribunal on its own motion Suo Motu Vs. Water Resource Department & Ors.
O.A No. 84/2024(SZ) 24th September,2024. (AM) 6