National Green Tribunal
Syed Mohamed Kalifa Sahib,S/O. Syed ... vs The District Collector on 30 November, 2021
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.12:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 131 of 2017 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Syed Mohammed Kalifa Sahib
...Applicant(s)
Versus
The District Collector,
Nagapattinam District and Ors.
...Respondent(s)
Date of hearing: 30.11.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s): Dr. D. Shanmuganathan for R1.
Mr. N.K. Ponraj represented
Mr. P. Srinivas for R2.
Mr. S. Sai Sathya Jith for R3.
ORDER
1. As per order dated 17.11.2021, this Tribunal had considered the various reports submitted by the Nagapattinam Municipality as well Page 1 of 6 as the Tamil Nadu Pollution Control Board and then, passed the following order:-
"6. The learned counsel appearing for the Nagapattinam Municipality submitted that for doing further bio-mining of the legacy waste found, administrative sanction has been granted and if some time is granted, they may be able to complete the same. But, they have not filed any report to that effect. So, they are directed to file the report stating that the time line within which that can be completed.
7. When we posed a question to the counsel appearing for the Tamil Nadu Pollution Control Board as to whether the Nagapattinam Municipality has furnished the Bank Guarantee as directed by this Tribunal for non-compliance of the undertaking given, whether the Bank Guarantee has been forfeited or not, the learned counsel wanted some time to get instructions regarding the same and file a report in this regard.
8. The Nagapattinam Municipality as well as the Tamil Nadu Pollution Control Board are directed to file their further reports as directed by this Tribunal on or before 30.11.2021 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. The Registry is directed to communicate this order to the official respondents, Tamil Nadu Pollution Control Board and also to the Nagapattinam Municipality by e-mail immediately for their information and compliance of the direction."
2. The case was posted to today for consideration of further status cum action taken report.
3. The 2nd Respondent has filed the report dated 26.11.2021, e-filed on 29.11.2021 which reads as follows:
"REPORT FILED BY RESPNDENT NO. 2I, Sridevi, daughter of B. Nandakumar, Hindu aged about 45 years, working as Municipal Commissioner, Nagapattinam Municipality, Nagapattinam, do hereby solemnly affirm and sincerely state as follows:
1. I am the Commissioner of the Nagapattinam Municipality, the 2nd Respondent herein and well conversant with the facts of the case from the connected files. I submit that subsequent to the order passed by this Hon'ble Tribunal the following steps were taken by the Nagapattinam Page 2 of 6 Municipality and the same is submitted for the Consideration of this Hon'ble Tribunal.
A) BIO MINING PROCESSING FACILITY:
The Municipality has two bio mining processing facility to process the existing accumulated legacy waste. One is located at existing MSW Processing facility, Nagapattinam Town and another one is located at Nagore Town.
1) Bio-Mining facility at Nagapattinam Town:
The Bio Mining process is carried out to process the existing accumulated Legacy waste. The estimated total legacy waste accumulated is 10852.77 Cum over an area of 8.20 acres. The Municipality has provided the Bio Mining facility such as Feeding System, Trommel Screen, belt Conveyors with a capacity to process 90 Tons/Day (two batches). The Entire legacy waste has been processed by the Municipality and the same has been completed now.
Further as per the revised survey on legacy waste accumulated in Nagapattinam was carried out by M/s. Step Land Survey Consultants, Pondicherry which was reviewed by Anna University, Chennai and the estimated quantity of legacy waste is 20735 Cum. DPR for the project was submitted to the CMA on 05.02.2021. Further detailed proposal was also prepared and the same was also submitted by the municipality to The Commissioner of Municipal Administration on 11-08-2021 for Administrative Sanction and Funding from the Government. Subsequent to the Order of this Hon'ble Tribunal Administrative Sanction was granted by the Commissioner of Municipal Administration by his order dated 02-11-2021 in his Proceedings No. 21192/2021/AMRUT 2 and Technical sanction was also granted on 19-11-2021. Subsequent to the sanction tender was called for by the Municipality on 26-11-2021 and after finalizing the tenders work order will be given on 06-12-2021. The work will be commenced immediately after the Monsoon season and the same will be finished within 9 months from the date of issuing the work order.
2) Bio Mining facility at Nagore Town:
The Bio Mining process is carried out to process the existing accumulated legacy waste. The estimated total legacy waste accumulated Page 3 of 6 is 12360Cum over an area of 2.86 acres. The Municipality has provided the Bio Mining facility such as Feeding System, Trommel Screen, belt Conveyors with a capacity to process 60 Tons/Day (two batches). The Entire legacy waste has been processed by the Municipality and the same has been completed now.
B.SEWAGE TREATMENT PLANT (STP):
The Municipality has installed two Sewage Treatment Plant (STP) at Nagapttinam and Nagore Town. The Municipality has completed the underground sewerage system for 32 wards out of 36 wards and partially completed for remaining 4 wards.
1) STP at Nagapattinam Town:
The municipality has already installed STP to treat the 9.63 MLD of sewage generated from Nagapattinam Town. Daily generation of sewage is about 3.90 4.20 MLD. The Municipality has obtained consent to operate under Water & Air Acts and the same is renewed upto 31.03.2020. The local body has applied for the renewal of the consent for the period upto 2021-2023 along with the requisite fee of Rs. 2,20,080 + 2,20,080 on 12-08-2021, 24.11.2021 and some queries were raised by TNPCB and the same was pending consideration before the TNPCB.
2) STP at Nagore Town:
The STP was previously inspected on 25.02.2021 and issued show cause notice under Water and Air Acts for operating the STP without obtaining CTO. The Municipality has now filed application for Consent to Operate on 25.06.2021 through OCMMS without remitting Consent Fee. Hence, the application was returned with a request to resubmit the application along with Consent Fee. Subsequently the Municipality has resubmitted the Application for Consent to Operate along with the requisite fee of Rs. 43, 600/- and subsequent to that Consent was given upto 31.03.2021 by the TNPCB by its Order dated 02-11-2021 in Order No. 2104240961015.
C. BIO - METHANATION PLANT:
Nagapattinam Municipality has provided Bio-Methanation Plant with a capacity of 5 MT/Day near to existing MSW Processing facility located at Nagapattinam Town. This plant was established in the year 2018 for the generation of electric power 300-350 KW/hr which will be Page 4 of 6 used for their one purposes. During inspection the Bio-Methanation Plant was not in operation and the same was rectified by the municipality and the same is in operation now.
In the foregoing circumstances it is prayed that this Honourable Tribunal may be pleased to accept the above and pass suitable orders and thus render Justice."
4. It is seen from the report that tender will be finalized on 06.12.2021 and they want further time of nine months after the tender process is over. We feel that it is a longer time, as already the matter is pending from 2017 onwards for non-compliance of the Solid Waste Management Rules, 2016. Further, keeping the legacy waste in the particular place for a longer period will cause further damage to the soil. Even after removal of the waste, they will have to conduct further study regarding the deterioration caused to the soil and if there is any remediation required, they will have to carry out the same.
5. As regards the Nagore dump yard is concerned, the Nagapattinam Municipality is directed to conduct a soil analysis of the area from where the bio mining was completed to ascertain as to whether any soil damage has been caused on account of keeping the waste for a longer period and if there is any contamination caused to the soil, remedial measures to be adopted by appointing an agency in consultation with the Tamil Nadu Pollution Control Board and the Page 5 of 6 expenses for conducting such studies have to be met by the Nagapattinam Municipality. They are also directed to file further progress cum status report before the next hearing date.
6. They are directed to come with the proposal for this purpose before the next hearing date i.e., 17.12.2021 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.
7. The Registry is directed to communicate this order to the Nagapattinam Municipality and also to the Tamil Nadu Pollution Control Board, apart from communicating this order to the Chief Secretary, State of Tamil Nadu by e-mail for their information and compliance of the direction.
8. For consideration of further report, post on 17.12.2021.
Sd/-
......................................J.M. (Justice K. Ramakrishnan) Sd/-
....................................E.M. (Dr. Satyagopal Korlapati) O.A. No.131/2017 (SZ) 30th November, 2021. Mn.
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