National Green Tribunal
National Green Tribunal Southern Zone vs The Chief Secretary To Govt. Of ... on 26 March, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.6 BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 69 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion
Suo Motu based on the news item in
Dinamalar Newspaper dated14.05.2020,
Chennai Supplementary,
"Encroachment of Nemilicherry Lake"
The Chief Secretary to
Govt. of Tamil Nadu,
Govt. Secretariat, Fort St. George,
Chennai and Ors. ...Respondent(s)
Date of hearing: 26.3.2021
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. V.R. Thirunarayanan for R1 to R3 & R5
Sri. C. Kasirajan through
Ms. D. Ashwini for R4
Sri. P.Srinivas through
Sri. N.K. Ponraj for R6
ORDER
As per order dated 1.12.2020, after expressing our displeasure regarding the lethargic attitude on the part of the Members of the committee in not filing the report, directed the committee to file the report and posted the case to 6.1.2021 for that purpose. Thereafter, the matter has been adjourned from time to time by notification, as the [1] report was not filed. Lastly, it was adjourned to today as per the notification dated 3.3.2021.
2. When the matter came up for hearing today through Video Conference, Sri. Dr. V.R. Thirunarayanan represented respondents 1 to 3 and 5, Sri. C. Kasirajan through Ms. D. Ashwini represented 4th respondent and Sri. P.Srinivas through Sri. N.K. Ponraj represented 6th respondent.
3. The committee has filed the report dated 'nil' e-filed on 4.3.2021 and received on the same day which reads as follows:
COMPLIANCE OF THE DIRECTION It is respectfully submitted that in due compliance of the orders of the Hon'ble National Green Tribunal direction water samples from Nemilicherey Lake was collected on 11.7.2020 so as to ascertain the present water quality in the said water body.
Statement showing the value of the Physico chemical parameters analysed Parameters Units Point of Collection TNPCB Standards (Inland Surface Putheri Lake in Sl. Pallavaram Water) No 1 pH @ 25oC No. 7.18 5.5-9 2 Total Suspended Solids @ mg/L 22 100 105oC 3 Total Dissolved Solids @ 180oC mg/L 642 2100 4 BOD @ 27oC mg/L 26 30 5 COD mg/L 208 250 6 Copper as Cu mg/L <0.033 3 7 Zinc as Zn mg/L <0.01 1 8 Cadmium as Cd mg/L <0.013 2 9 Lead as Pb mg/L <0.07 0.1 10 Nickel as Ni mg/L <0.05 3 11 Total Chromium Cr mg/L <0.05 2 [2] 12 Hexavalent Chromium Cr+6 mg/L <0.05 0.1 14 D.O mg/L 6.6 5mg/l and above Statement showing the value of the Bacteriological parameters analysed Sl. Parameters Units Point of Collection Primary Water No Quality Criteria for Nemilicherry Lake in Pallavaram Bathing Waters prescribed by Central Pollution Control Board 1 Total Coliform MPN 16000 500 or less.
/100 ml
2 Faecal MPN 3500 500 (desirable) 2500
Coliform /100 ml (Maximum
Permissible)
The Report of analysis of the water samples collected from the said water body reveals that the Physico chemical parameters analysed satisfy the Inland surface water standards prescribed by the Board. Furthermore the water sample collected from the Nemilicherry Lake analysed for Bacteriological parameter.Total Coliform and Faecal Colifirm exceeds the Primary Water Quality Criteria for Bathing Waters prescribed by Central Pollution Control Board.
1. REPORT OF THE PUBLIC WORKS DEPARTMENT:
It is respectfully submitted that the Nemilicheri tank in Pallavaram Taluk in Chengalpattu District is a tank maintained by the PWD. Nemilicheri tank is located at Sy.No.164/3 in Nemilicheri Village, Pallavaram Taluk in Chengalpattu District. It has water spread area in an extent of 13.96 ha with an own catchment of 0.31 sq.km and with the storage capacity of 6.31Mcft. The tank was once irrigating an extent of 95.54 ha and there are 655 mcft. The tank was once irrigating an extent of 95,54 ha and there re 655 encroachments as identified by the survey department officials in the year of course of time and now it is only a natural acquifer. During an inspection made it is observed that the Pallavaram Municipality area is letting sewage water into the lake and dumping of solid wastes on the bed of the tank which has to be addressed by the Commissioner, Pallavaram Municipality.
The NGOs and Welfare Association have collected the debris, garbage spread on the surface of the tank bed and t foreshore during June, 2018. In continuation to their voluntary clearing activity this department has taken massive garbages and debris clearing activity subsequently after clearing the garbages in the tank bed the department has obtained the [3] District Collector order vide Proceeding No.352/Q/3/2018 dt. 13.7.2018 for desilting and deepening of the Nemilichery tank and the tank was deepened to conserve more flood water and to mitigate the flooding of the foreshore.
As regards to the rehabilitation of the tank a comprehensive plan for rehabilitation and restoration of all tanks in overall Kovalam basin under Comprehensive Flood Mitigation Project with an amount of Rs.2000 Crores which also involves creating bio diversity parks/tree planting around the banks of the water body protecting the lake against the future encroachment. Detailed Project Report has been sent to Government and the Nemilichery tank in Chengalpet District is one of the tanks included in the proposals and when the financial sanction is accorded for the proposal, the encroachments will be removed and further guarded against new encroachments besides all other component works included in the proposals under the plan.
2. REPORT FROM COMMISSIONER, PALLAVAPURAM MUNICIPALITY
1. Pallavapuram is a Special Grade Municipality
2. Location of the said Nemilichery lake:Survey No.164/3 of Nemilichery Village
3. Extent of Nemilichery lake:13.96 hectares
4. Total Area of the Pallavapuram Municipality : 18.01 Sq.Km
5. Total Population of the Pallavapuram Municipality: 2,15,452
6. Total Household of the Pallavapuram Municipality: 75,000
7. No of Wards: 42
8. Total Solid waste generation: 104 T/day (Biodegradable waste - 44T/day & Non Biodegradable Waste - 60 T/day)
9. Total Sewage generation: 9 MLD SEWAGE GENERATION AND DISPOSAL ARRANGEMENTS:
Sewage generation from the Pallavapuram Municipality area: 9 MLD Underground Sewerage system is functioning in all areas of the Municipalities since 2018 with the installation of sewer line, pumping line, lifting and pumping stations at 18 locations and the sewage is transported to CMWSSB premises at Perungudi, treated in the STP operated and maintained by the CMWSSB.
SOLID WASTE MANAGEMENT Generation of total Solid Waste in the Pallavapuram Municipal area: 104 MT/day (Biodegradable waste -44 MT and Non Biodegradable waste - 60 MT) [4] Present status of collection and disposal of solid waste:
Presently the Pallavapuram Municipalitycarries out door-to-door collection of solid waste using 32 tricycle, 96 Battery Operated vehicle(BOV), 39 Light Commercial Vehicle (LCV) and with 589 sanitaryWorkers. Out of 104 MT/day solid waste, biodegradable solid waste is 44 MT/day and the non biodegradable wastes is 60 MT/day. Pallavapuram Municipality is having Solid waste processing facility to process the biodegradable waste generated in the Pallavapuram municipal area to the tune of 44 MT/day for which the local body has obtained Authorization from the TNPCB vide Procs. No. JCEE(M)/ TNPCB/ CHN./ SWM/ F.6840/ MMN/2019, Dated 08.04.2019 valid upto 31/03/2020 and subsequently extended up to 30/09/2020. The local body is having Micro Composting Centers viz at Thiruvika Nagar phase 1 (S.F.No.51/2,4 Hasthinapuram Village) for 4.9TPD, Ganga garden Keelkatalai (S.F.No.258/1C1 (P) Keelkattalai Village) for 3.5TPD, Keelkatalai pumping station (S.F.No.304 Keelkattalai Village) for 3TPD, Manikandan Nagar (S.F.No.51/5A1 Hasthinapuram Village) for 4.9TPD, Kacheri Malai Road, Zamin Pallavapuram (S.F.No.49/4(P) Zamin Pallavaram Village) for 3.5TPD, Highways Nagar, Zamin Pallavapuram (S.F.No.167/145/146/157/180 Zamin Pallavaram Village) for 4.9TPD and Thiruvika Nagar phase 2 (S.F.No.51/2,4 Zamin Pallavaram Village) for 2TPD to process 26.7MT/day of compostable waste and the local body is having 22 nos. of Onsite Compostable Centre to handle biodegradable waste to the tune of 17.3 MT/day.
Of the 60 MT/day of Non biodegradable waste, saleable waste such as plastics, glass bottles and metals to the tune 10MT/day are sold to the recycling facility. Garden waste and Coconut shell to the tune of 10MT/day are being sent to garden waste processing facility at Perungudi operated and maintained by Greater Chennai Corporation and the remaining 40MT/day of Non biodegradable waste is taken to theGanapathipuram Transfer Station, from where the same is transported to Kodungaiyur dump site of Greater Chennai Corporation.
Pallavapuram Municipality earlier transported the Non biodegradable solid waste to the Integrated Municipal Solid Waste processing facility at Vangadamangalam Village, Vandalur Taluk, Chengalpattu District and dumped in the premises of the said facility. The Hon'ble National Green Tribunal in Original Application 208 of 2017 dated: 16.12.2019 directed the local bodies Tambaram, Pallavapuram, Sembakkam Municipalities not to use the said area for further dumping. Thereafter the local body is disposing the same through Chennai Corporation dumping yard.
Action Plan for Solid Waste Management Short Term [5]
1. Pallavapuram Municipality is carrying out composting of the biodegradable waste at its Micro Compost centres(MCC) and Onsite Composting Centers(OCC)
2. Pallavapuram Municipality is carrying out the disposal of recyclable and saleable waste through recycling facilities.
3. Pallavapuram Municipality disposing the Non biodegradable waste through Greater Chennai Corporation using its Kodungaiyur dumping facility. Long Term :
1 Door to Door Collection of segregated solid waste from the households of the Pallavapuram municipality will be made 100% within a months time. 2 Pallavapuram municipality has proposed to dispose the entire Non biodegradable incinerable waste to the proposed incineration facility (2X50MT capacity) proposed at Vengadamangalam, Vandalur Taluk, Chengalpattu District within six months, after obtaining necessary permission from the competent authority for the said facility.
3. JOINT INSPECTION OF THE COMMITTEE The members of the joint committee have carried out the inspection in the area in question on 11/7/2020.
4. OBSERVATIONS BY THE COMMITTEE Nemilicherry lake is a PWD tank. It has lost its irrigation potential long back due to agglomerastion of Chennai City and its suburb over the period o time. Now, the tank sereves mostly as a natural aquifer. Nemilicherry lake is located at survey no.164/3 of Nemilicherry Village, Pallavaram Taluk, Chengalpattu District which has water spread area in an extent of 13.96 ha. It is bounded by residences of Pallavapuram Municipality in the northern side, southern side and in the western side and tank bund in the eastern side. Hyacinth was found fully occupying the entire area of Nemilichery tank..
The surplus water of lthe Nemilichery tank is feeding the storm water channel and finally confluence to Nanmangalam surplus course.
Due to the absence of Surplus course every year the downstream side of this tank area was inundated by the surplus water of this tank. Encroachment were noticed on the entire length of the tank bund and in the east, west and northern side of the water spread area of the Nemilichery tank. There are major storm water drain outlets an street drains, draining into this Nemilicherry tank bringing sullage/sewage to the tank. The tank water is being polluted due to this inflow of sewage mixed storm water from Pallavapuram [6] Municipal area. The residents in the fringe of the water body. The residents in the fringe of the water body were found dumping the solid waste.
1. Pallavapuram Municipality is carrying out the processing of the biodegradable waste collected from the Municipality area and handling the same as per Solid Waste Managmenet Rules, 2016.The local body is having solid waste processing facility to process the biodegradable waste generated in the Pallavapuram municipal area for which the local body has obtained Authorization from the TNPCB vide Procs. No. JCEE(M)/ TNPCB/ CHN./ SWM/ F.6840/ MMN/2019, Dated 08/04/2019 valid upto 31/03/2020 and subsequently extended up to 30/09/2020.
2. It was reported by the Pallavapuram Municipality that the entire non biodegradable waste will be taken to the Vengadamangalam solid waste processing facility after the installation of the 2 x 50 tonne capacity incinerator with necessary control measures.
5. RECOMMENDATIONS:
Based on the above observation, the joint committee submits the following recommendation before the Hon'ble National Green Tribunal (Southern Zone) Pallavapura Municipality shall plug the unauthorized sewage/sullage discharge into the Nemilichery tank and provide community soak pits at vulnerable points to prevent the flow of sewage/sullage into the tank within 6 months.
Pallavapuram municipality shall ensure 100% collection of solid waste being generated within its jurisdiction with proper segregation, door to door collection, processing and disposal of the same by complying with the provisions of the Solid Waste Management Rules 2016 within six months and shall ensure that no dumping of solid waste happens in the Nemilichery any circumstances by deploying security guards.
01. Pallavapuram municipality shall take steps for the complete disposal of the non biodegradable waste generated to the Vengadamangalam incinerator facility after getting necessary permission from the competent authority within six months.
02. Pallavapuram municipality shall levy fine on the violators dumping solid waste and disposing sewage into the Nemilichery tank and other water bodies in their jurisdiction under Local body Acts.
03. Pallavapuram municipality shall create awareness among the public with the help of associations in the local body area for proper segregation of solid waste.
Pallavapuram municipality/PWD shall remove the hyacinth in the Nemilichery Lake within a month's time.
Pallavapuram municipality shall provide dedicated CCTV camera within a month at the vulnerable points to prevent the dumping of solid waste and disposal of sewage by the public.
[7]04. Pallavapuram municipality with the help of Revenue Authorities shall make survey to identify any encroachment in the Nemilichery tank within six months and to take necessary steps to evict them. PWD shall revamp the weir and strengthening of bunds in the said water body for smooth flow of surplus water and create bio diversity parks/tree planting around the banks of the water body so as to protect the lake against the future encroachment within six months by obtaining necessary funds from the government.
4. The report submitted is of general in nature. They have only recommended certain things to be done by Pallavaram Municipality and also PWD. As regards encroachment, they did not mention anything about the number of encroachments and what is the nature of encroachment etc. They have also not mentioned as to what is the quantum of legacy waste that is lying in the water body and the time limit required for the purpose of removing the same from that area to the designated dump site. No environmental compensation has been assessed and no time limit has been given within which these things will have to be complied with except in respect of PWD in dealing with the encroachment. The water analysis report shows that the presence of Total Coliform and Faecal Coliform is high which is due to unauthorised discharge of sewage into the lake. What is the nature of action taken by the local body to arrest the same is also not clear from the report. The Pollution Control Board also had not come with any independent report regarding the steps taken by them for non implementation of the Solid Waste Management Rules, 2016 in the area as directed by the Principal [8] Bench of the National Green Tribunal in O.A.No.606 of 2018 for non compliance of the directions issued. The District Collector is a Member of the Committee. But inspite of that what was mentioned in the report is that PWD with the help of Revenue Department shall undertake to carry out survey to identify encroachment in Nemilicherry Lake within six months and take necessary steps to evict the encroachers. There is a duty cast on the District Administration even to take immediate steps, directing their subordinate officers to initiate proceedings under the respective Act to evict the encroachers from the public premises.
5. So under these circumstances, we feel that it is necessary to direct each department who are responsible to carry out the recommendations to come with proper action taken report, apart from the committee filing further report regarding the progress of implementation of the recommendation as well. So the Committee as well as the District Collector, the respective local bodies, the Pollution Control Board and the PWD are directed to file their independent report regarding the further action taken for the implementation of the directions of the Committee to save Nemilicherry Lake from pollution and encroachment. They are directed to file the above report on or before 29.4.2021 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.
[9]6. The Registry is directed to communicate this order to the Members of the Committee, Pollution Control Board, District Collector, Superintending Engineer, PWD and also the Chief Secretary, State of Tamil Nadu, Principal Secretary, Environment Department, Principal Secretary, Local Administration Department, Principal Secretary, Public Works Department, Principal Secretary, Irrigation Department and Principal Secretary, Revenue Department by e-mail immediately for their information and compliance of the directions.
For consideration of further report, post on 29.4.2021 ....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.69/2020, 26.3 2021 Kkr [10]