National Green Tribunal
Balakrishnan R vs The District Collector on 22 September, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.12:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 125 of 2021 (SZ)
(Through Vide Conference)
IN THE MATTER OF:
R. Balakrishnan, Cuddalore ... Applicant(s)
Versus
The District Collector, Cuddalore &Ors. ...Respondent(s)
Date of hearing: 22.09.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Mr. S. Kolandasamy
For Respondent(s): Dr. D. Shanmuganathan for R1 to R3 & R8
Mr. Sai Sathya Jith for R6
ORDER
1. As per order dated 06.08.2021, this Tribunal had considered the Joint Committee report signed on 04.08.2021, e-filed on 05.08.2021 which was extracted in para 4 of the order and then, passed the following order:
15.Counsel appearing for the 4th respondent wanted some more time to file their independent status report and also the steps taken by them to resolve the issue. The counsel appearing for the applicant submitted that some of the tanks are owned by the temple. If that be the case, the Hindu Religious and Charitable Endowments Department (HR & CE) also should be made as party to the proceedings. When this was pointed out, the learned counsel appearing for the applicant submitted that he will take steps to implead them immediately.
6.However in the mean time, we direct the Commissioner for Hindu Religious and Charitable Endowments Department (HR & CE), Chennai to look into the issue and submit a detailed report regarding the steps taken from their side to resolve the issue and to restore the Teppotsavam to be conducted in the temple tanks after making necessary rejuvenation repair works.
7.The office is directed to communicate this order to the Commissioner, Hindu Religious and Charitable Endowments Department (HR & CE), Chennai with a copy of the application and also copy of the joint committee report by e-mail immediately so as to enable them to submit their action plan for rejuvenating the temple tanks which are maintained by them in this area.
8.The official respondents are directed to file their independent statements regarding the steps taken by them for removal of encroachments and also for resolving the issues regarding the stagnation of sewage water and discharge of untreated sewage water into the water bodies available in and around Chidambaram Town to this Tribunal on or before 31.08.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
9.The Registry is directed to communicate this order to the members of the committee and also to the official respondents immediately through e-mail so as to enable them to comply with the direction.
2. The case was originally posted to 31.08.2021 for consideration of further reports. Thereafter, the matter was adjourned by successive notification and lastly it was adjourned to today as per notification dated 03.09.2021.
3. The Pollution Control Board filed their report signed on 21.09.2021, e-
filed on 22.09.2021 and received on the same date which reads as 2 follows:
3 4 5 6 7 8 9 10 11 12 134. The Commissioner, Chidambaram Municipality filed their report 26.08.2021, e-filed on 01.09.2021 and received on the same date which reads as follows:
14 15 16 17 18 19 205. It is seen from the report that they have entrusted the bio-mining work to M/s Zigma Global Environ Solutions Private Limited, Erode and also engaged Centre for environmental Studies, Anna Univeristy, Chennai as consultant for this purpose. They have completed process of bio-mining of 52,000M3 and reclaimed around three acres of land and they have started planting trees in that area.
6. They have further mentioned that the balance estimated legacy waste of 34,707M3 at the compost yard is concerned, they have prepared an estimate of Rs. 280 lakhs and sent to Government for sanction of Phase-II under SBM.
7. As regards the liquid waste management is also concerned, they have done some work and giving connection to certain houses which are not having connection to the sewage facility will be completed on or before 30.09.2021.21
8. 6th respondent filed status report signed on 04.08.2021, e-filed on 02.09.2021 and received on 04.09.2021 which reads as follows:
STATUS REPORT FILED BY THE 6TH RESPONDENT I submit that, as per the orders of the Hon'ble NGT, a committee consisting of the following officials were constituted to ascertain the implementation of Solid Waste Management Rules 2016, steps taken to remove the encroachments, and discharge of untreated sewage into the water bodies.
1). The Sub Collector, Chidambaram.
2). The Commissioner, Chidambaram Municipality.
3). The Executive Engineer, PWD (WRO).
4). The District Environmental Engineer, TNPC Board, Cuddalore.
5). The Executive Engineer, TWAD, Cuddalore.
The Committee has submitted the report to the Hon'ble NGT (SZ) and the Hon'ble NGT in its judgement dated 06.08.2021, has orderd that, '8. The Official Respondents are directed to file their independent statements regarding the steps taken by them for removal of encroachemnts and also for resolving the issue regarding the stagnation of sewage water and discharge of untreated sewage water into the water bodies available in and around Chidambaram Town to this Tribunal on or before 31.08.2021'..
Regarding this, the Sub Collector, Chidambaram has convened a meeting on 17.08.2021 with the members of the above committee and also the representatives of the village Panchayats adjoining the Chidambaram Municipality, and discussed about the orders of the Hon'ble NGT. At the end of the meeting, the Sub- Collector has instructed the DEE, TNPCB, to inspect the discharges of sewage from these Village Panchayats and furnish report.
Accordingly, the village Panchayats around Chidambaram City, were inspected by the DEE, TNPCB on 17.08.2018 and the report is submitted as follows.
1. Usuppur Panchayat :
The areas of Ussupur Panchayat including Vaipu Chavadi area were inspected and it was observed that the sewage over flow from Omakulam tank flows into PWD Canal, which flows through the area and receives sewage from the wayside habitations and finally reaches Kansahib Vaikkal.
2. Chidambaram Non - Municipal The areas of Chidambaram Non - Municipal including Ponnambala Nagar, Sivasakthi Nagar were inspected and observed that the sewage from Omakulam and from the households of the Panchayat are discharged into the drainage canal.
3. Kothankudi Panchayat.
The sewage generated from the households of the Panchayat area including Thoppu area, R.K.Nagar, Muthaih Nagar are discharged into Pasimuthan Odai which joins in the Kansahib Vaikkal.
4. Pallipadai Panchayat.
22The sewage generated from the Pallipadai Panchayat area are discharged in Balaman Odai and also in Pasimuthan Odai, and finally joins Kansahib Vaikkal.
5. Thandeswaranallur Panchayat The sewage generated from Thandeswaranallur Panchayat is discharged into a natural tank ' Nagacheri Kulam'. The excess water from this tank is discharged out into a canal through a sluice gate in the outlet of the tank, which joins Omakulam.
Upon inspection of the above Panchayats around the Chidambaram Municipality area, it was observed that the sewage from the households in the Panchaya area and also from the Municipal area is discharged into small canals which passes and joins Pasimuthar Odai and finally flows into Kanshaib Vaikkal.
None of the village Panchayats around Chidambaram Municipality is practising Solid Waste processing activities, to process and dispose their domestic solid wastes. Some of the drainages which carried sewage are found to be dumped with domestic solid wastes. In some places Scavengers are firing the waste to get recoverable materials, causing & make in the vicinity.
To avoid the discharge of sewage and solidwaste into the water bodies in Chidambaram Municipality and surrounding Village Panchayts, the following have to be carried out by the Local bodies.
1). The Chidambaram municipality has to identify the sewage outfalls in water bodies and direct all the sewage generated from its households and coonvey it to the Sewage Treatment Plant at Lalpuram for treatment, as per the Directions issued by the Chairman TNPCB Proc.No.T6/TNPCB/F.5656/STP/2021-2/ dated: 18.06.2021.
2). The Village Panchayats around the Chidambaram Municipality area shall install sewage treatment plants individually or jointly and treat the sewage generated from their Panchayat areas before disposal for further beneficial use.
3). The Local bodies including the Panchayats shall collect and process the solid waste generated from the households and avoid dumping of solid waste in and on the banks of water bodies. The solid waste have to be properly managed as per the Soild Waste Management Rules 2016.
This is submitted for kind information please.
District Envrionmental Engineer, Cuddalore Encl: 1). Chairman, TNPCB Proc. No. T6/TNPCB/F.5656/STP/2021-2 Dated: 18.06.2021.
2). Photos of canals carrying sewage flow
9. 4th respondent filed another status report signed on 04.08.2021, e-filed on 02.09.2021 and received on 04.09.2021 which reads as follows:
23STATUS REPORT FILED BY THE 4th RESPONDENT Kindly refer the O.A.No. 125 of 2021 (SZ) filed before the National Green Tribunal regarding the Encroachment of water bodies in and around Chidambaram and polluting the same by discharging domestic sewage,in this regard an action taken report is submitted as detailed below. In total, there are 19 tanks exists in Chidambaram Municipal town including 4 temple tanks. Out of which 18 tanks are in Govt. poromboke as per the Town survey land records and they are under the maintenance of Chidambaram Municipality. The remaining one Elamaiyakinar temple tank is maintained by temple Trust.
In Chidambaram Municipal limit, there were 94 encroachments in omakulam tank, 71 encroachments in Nagacherry tank and 62 encroachments in Gnanaprakasam tank had been identified near the tanks and on the bunds of tanks, these encroachments existed for over 3 decades. All these encroachments in the above three water bodies have been evicted completely and the discharge of untreated domestic sewage from the encroachments are arrested completely. Further, presently 47 encroachments in Thatchan kulam tank, 26 encroachments in Periya anna kulam tank, 3 encroachments in Chinna Anna kulam tank, 35 encroachments in Kumaran kulam tank, 94 encroachments in Balaman tank, and 20 encroachments in Kori kuttai tank, in total 225 encroachments have been identified. In this regard, notices under section 362, 313, 339 and 340 of Tamil Nadu District Municipal Act 1920, have been served to the encroachers. Continuous action is being taken by the Chidambaram Municipality to remove the above encroachments.
Apart from the above, 403 houses were identified for discharging of untreated domestic sewage into open space / storm water drain and they have been issued with notices under G.O. (M.S) No. 293, dated 26.11.2010 of Municipal Administration and Water Supply Department and under section 34, 35 , 36 and 41 of Tamil Nadu public health rules 1939.
Out of the above, 94 houses have been effected with under ground sewerage house service Connection and 7 houses which does not have toilet facility are not connected to the UGS System. Since 170 houses are in Govt. promboke land and don't have property tax, UGS house service connections could not be effected. Continuous action in being taken to connect the remaining 130 property assessed houses with underground sewerage system within 15 days of time.
10. 7th respondent filed status report signed on 04.08.2021, e-filed on 02.09.2021 and received on 04.09.2021 which reads as follows:
STATUS REPORT FILED BY THE 7th RESPONDENT With the reference above cited, I submit the following reply in this regards UGSS to Chidambaram Municipality was Administratively sanctioned vide G.o.(D) No.28/MA&WS (MA111) Dept/Dt.27.01.2014 for an amount of Rs.7562.23 lakhs and technically sanctioned vide 24 CE/VLR No 70/ 2013 - 14/ Dt. 25.02.2014 for an amount of Rs.7562.23 lakhs. This scheme has been split up as 3 packages. The package I & II Collection System work was awarded to M/s Keyem Engineering Enterprises & the package III STP work was awarded to M/s Pure Enviro Engineering Private Ltd.
Breif description about this Scheme:
Chidambaram Municipality is a First Grade Municipality in Chidambaram legislative constituency. The existing sewerage scheme to Chidambaram Municipality was executed during the year 1969 is fully defunct and beyond rejuvenation. To maintain the sanitation in hygienic condition of Chidambaram Municipality, the Govt of Tamil Nadu has been decided to provide new Underground sewerage scheme.
The scheme has been taken up under UIDSSMT Grant of Rupees 3787.33 lakhs, interest free loan of Rupees 1549.36 lakhs, funding from IUDM of Rupees 2211.00 lakhs and local body contribution of Rupees 14.54 lakhs.The population benefited under this scheme in present population (2015) is 65600, Intermediate population (2030) is 78200 and the ultimate population (2045) is 90800. This Scheme covers all the 33 Wards. The proposed UGSS Scheme is designed for the Intermediate Population i.e. year 2030.
The components executed under this scheme is as detailed below:-
S.No Name of component Total
1. Length of sewerline - Pumping Main, Gravity main (150mm - 900mm dia 55712 m
RCC/Stoneware/CI pipe)
2. No of Manholes 2141 Nos
3. No of Lift Manhole 3 Nos
4. No of Pumping station 3 Nos
5. House service connection 10000 Nos
6. Sewerage treatment plant (Activated Sludge Processing - ASP Technology) 1 No.
The sewage generated from this town is collected through the collection system which is divided in to 4 zones. Collection system with trunk sewer for each Zone has been designed so as to collect the waste water generated from each zone to their respective collection well and then conveyed through the respective pumping mains from each zone to the sewage treatment plant for treatment and disposal of the effluent.
Zone 1:
Zone 1 is located on the South East part of the municipality. It covers ward Nos. 22, 23, 24, 30, 31, 32 & 33. The sewage from this zone will be collected at the sub pumping station located in Kanagasabai Nagar. From here the sewage is pumped directly to the bell mouth chamber located at 25 Kamaleeshwaran Koil Street. From this chamber, sewage is feeded to collection system of zone 3B by gravity Zone 2:
Zone 2 is located on the North West part of the Municipality. It covers ward Nos. 15, 16 (part), 17(part), 18(part), 25, 26, 27, 28 & 29. The sewage from this zone is collected at the sub pumping station located in Min Nagar. From here the sewage is pumped directly to the bell mouth chamber located at Periya vaniya Street. From this chamber, sewage is feeded to collection system of zone 3A by gravity Zone- 3A:
Zone 3 A is located on the North West part of the municipality. It covers ward Nos.1,2,3,4,10,11,12,13,14,16 (part) 17(part) (18 part). The sewage from this zone is connected to lift Manhole of zone 3A and is collected at the main pumping station located in Thillaikaliamman koil street. From here the sewage is pumped directly to the Sewage Treatment Plant. Zone- 3B Zone 3B is located on the North East part of the Municipality. It covers ward Nos. 5, 6, 7, 8, 9, 19, 20 & 21. The sewage from this zone is collected at the main pumping station located in Thillaikaliamman koil street. From here the sewage is pumped directly to the STP.
Sewage Treatment Plant (STP) having capacity of 9.44 MLD with Activated Sludge Processing (ASP) technology was constructed at Lalpuram Village. The sewage pumped from the Main Pumping Station (MPS) is treated as per Tamilnadu Pollution Control Board (TNPCB) norms and disposed for irrigation purpose.
Conclusion:
The works is completed in all respects and inaugurated by the Honourable Chief Minister of Tamil Nadu on 28.05.2020. Now the scheme put into beneficial use. At present, the sewage collected at about 5.20 MLD is treated by adopting Activated Sludge Process Technology. TWAD Board is not letout any sewage in the open drain. As per our scope TWAD Board is collecting the sewage from the houses by pipe line and treated in the treatment plant as per TNPCB norms. TNPCB test results are herewith enclosed for reference.
District Environment Engineer Cuddalore
11. Respondent nos. 1 and 2 filed their status report signed on 04.08.2021, e-
filed on 02.09.2021 and received on 04.09.2021 which reads as follows:
STATUS REPORT FILED BY THE 1st and 2nd RESPONDENT As per the order delivered by National Green Tribunal (South Zone) on O.A. No. 125/ 2021, the following steps have been taken for removing the encroachments and discharge of sewage water. Particularly in and around the Chidambaram Town i.e Annamalai nagar town panchayat, C.Kothangudi, Meethikudi, C.Thandeswaranllur, usuppur and in Chidambaram non Municipal village panchayats.26
For this purpose, meetings were convened with nodal Officers, on 04.08.2021, 12.08.2021 and 24.08.2021 respectively in Chidambaram Sub Collector's Office. The steps taken by respective departments are as follows
1. Tahsildar, Chidambaram:-
The encroacher's details were prepared in detail and form 1 (details of encroachers and encroachments) were shared with the concerned departments for necessary action to remove encroachments. Si. Place of water course Survey Extent No. of Dept. by which form-1 No. Encroachment No. Encroachment notice sent
1. Pallipadai Kuttai 221/11 0.0004 1 BDO-Parangipettai A1/1654/2018, Dated.21.11.2020
2. Pulichamedu Kulam- 30/7 0.0003 29 BDO-Kumaratchi Usuppur A1/1654/2018, Dated.30.11.2020
3. Periyaannakulam- T.S.18 0.1426 26 Municipal Chidambaram Town W-3 Commissioner,Chidamba B-26 ram A1/1654/2018, Dated.10.08.2021
4. karakkuttai - T.S.931 0.0443 20 Municipal Commissioner, Chidambaram Town W-5 Chidambaram B-12 A1/1654/2018, Dated.10.08.2021
5. Kumaran Kulam - T.S.151 0.3692 35 Municipal Commissioner, Chidambaram Town 4 Chidambaram W-4 A1/1654/2018, B-22 Dated.10.08.2021
6. Chinna anna kulam, T.S.126 0.0107 3 Municipal Commissioner, Chidambaram Town W-2 Chidambaram B-3 A1/1654/2018, Dated.22.06.2021
7. Thatchan kulam- T.S.951 0.2540 68 Municipal Commissioner, Chidambaram Town W-5 Chidambaram A1/1654/2018, B-13 Dated.19.07.2021
8. Pallipadai Vaikal S.N.5& 0.0267 12 PWD- Chidambaram 23 A1/1654/2018, Dated.10.08.2021
9. Palaman Kulakkarai - T.S.112 0.3173 69 Municipal Nehru Nagar- 7 Commissioner,Chidamba Chidambaram ram W-4 B-
17 A1/1654/2018, 27 Dated.18.08.2021
10. Palaman karai - T.S.554 0.4214 94 PWD- Chidambaram Ambethkar Nagar - W-4 A1/1654/2018, B-23 Dated.18.08.2021
11. Salai Purampoke- T.S.101 0.0016 1 Temple PWD-Chidambaram Chidambaram Town 1 A1/1245/2021, Dated.30.07.2021 W-4 B-13
T.S.858 W-5 B-11
1. Block Development Officer - Parangipettai (Village Panchayat ) C.Kothankudi Village, Meethikudi Village, Pallipadai Village Panchayats and in Annamalainagar town panchayat there are 6952 house holds in 39 wards about 36926 people are living there. In order to prevent the drainage water mixing into drinking water a new drainage system(under ground drainage system ) is proposed by village panchayat. For which estimate and plan of action have been received and proposal sent to District collector Cuddalore . Besides the house holds were issued no.1 notices for disconnecting the drainage water mixing into the drinking water
2. Executive Engineer - Tamil nadu Water Supply & Drainage Board In this regards UGSS to Chidambaram Municipality was Administratively sanctioned vide G.O.(D) No.28/MA&WS(MA111) Dept/Dt.27.01.2014 for an amount of Rs. 7562.23 lakhs. This scheme has been split up as 3 packages. The package I & II Collection System work was awarded to M/s Keyem Engineering Enterprises & the package III STP work was awarded to M/s Pure Enviro Engineering Private Ltd.
The sewage generated from this town is collected through the collection system which is divided in to 4 Zones. Collection system with trunk sewer for each zone to their respective collection well and then conveyed through the respective pumping mains from each zone to the sewage treatment plant for treatment and disposal of the effluent.
The works is completed in all respects and inaugurated by the Honourable Chief Minister of Tamil Nadu on 28.05.2020. Now the scheme is put into beneficial use. At present, the sewage collected at about 5.20 MLD is treated by adopting Activated Sludge Process Technology. TWAD Board is not let out any sewage in the open drain but collecting the sewage from the houses by pipe line and treated in the treatment plant as per TNPCB norms.
283. EE- PWD - Chidambaram.
The Water bodies flowing in Chidambaram Municipal area are Khan Sahib Canal, which belong to the Public Works Department, Water resources Department, Coleroon Basin Division, Chidambaram. A Part of Khan Sahib Canal is running in the Chidambaram town area for a length of 5 Km.
The above canal is maintained by removing the floating plants and removing congestions during every rainy season for free flow of water. During November 2020 also, floating machineries were used to remove the silt and obstructions like water hyacinth. Moreover, 94 encroachers were identified in Khan Sahib Canal during 2018. Now in order to remove encroachments, a. Form-I was got from the Tahsildar, Chidambaram which belongs to the encroachers b. Form-II has been prepared and displayed on notice board in the concern Taluk Office, VAO Office, R.I. Office and relevant office for information After the above Form-II, displayed when the PWD, officials were issuing the Form-III to the encroachers at the site.
Meanwhile, the PWD officials and Revenue Officials are to issue Form- III to the encroachers for eviction purpose.
A letter was communicated to the Municipal Commissioner, Chidambaram vide the Lr.No. 141M /F/JDO/2021/Dated:18.06.2021 regarding discharging the sewage water in this Canal. It is informed to treat the sewage water before allowing in the water bodies. It is informed to treat the sewage water before allowing in the water bodies.
2. District Environmental Officer, Tamil Nadu Pollution Control Board.
Regarding this, The Sub Collector, Chidambaram has convened a meeting on 17.08.2021 with the members of the above committee and also the representatives of the village Panchayats adjoining the Chidambaram Municipality, and discussed about the orders of the Hon'ble NGT. At the end of the meeting, The Sub Collector has instructed the DEE, TNPCB, to inspect the discharges of sewage from these Village Panchayats and furnish a report.
To avoid the discharge of sewage and disposal of solidwaste into the water bodies in Chidambaram Municipality and in the canals in the surrounding Village Panchayats, the following have to be carried out by the Local bodies.
i. The Chidambaram municipality has to identify the sewage outfalls in water bodies and direct all the sewage generated from its households in the jurisdiction and convey it to the Sewage Treatment Plant at Lalpuram for treatment, as per the Directions issued by the Chairman, TNPCB through Proc.No.T6/TNPCB/F. 5656/STP/2021-2/ dated:18.06.2021 ii. The Village Panchayats around the Chidambaram Municipality area shall install sewage treatment plants individually or jointly and treat the sewage generated from their Panchayats areas, and dispose it for further beneficial use, such as irrigation etc. iii. The Local bodies including the Panchayats shall collect and process the solid waste generated from the households and avoid dumping of solid waste in and on the banks of water bodies. The solid waste have to be properly 29 managed as per the Solid Waste Management Rules 2016, notified under the Environment (P0 Act 1986.
iv. The Chidambaram Municipality and the surrounding village Panchayats shall not burn the solid waste and shall not permit any person to burn it.v.
3. Inspector - Hindu Religious and Charitable Endowments dept In accordance with the judgment delivered in NGT. O.A.No.125/2021 (SZ) it is intimated that Gnanaprakasam Kulam which is situated in chidambaram town is used for theppa urtchavam. Sewage effluents were discharged in and around the kulam by the surrounding house holds however the urtchavam has not been done for the last 10 years. Besides this kulam is under the control of Chidambaram municipality and hence necessary steps have been taken by the chidambaram municipality for avoiding effluent sewage water letting in to the kulam.
1. Commissioner, Chidambaram Municipality:-
The following preventive steps are taken by Chidambaram Municipality for stopping discharge of untreated sewage/sullage water to inlet channel.
There are 19 Kulams situated in Chidambaram Municipality. Among these,18 Kulams are categorized as Sarkar poramboke and are under the control of Chidambaram Municipality. The only one Elamayakinar koil Kulam is under the control of temple trustee. It is found out that 71 persons encroachment in Nagacheri Kulam, 93 Persons in Omakulam, 62 persons encroached in Gnanaprakasam kulam and eviction work has also been carried out successfully. Besides 47 persons encroachment in Thachan kulam, 26 cases in periyanna kulam, 3 cases in Chinna anna kulam, 36 cases in Kumaran kulam, 94 in Palaman kulam 20 cases in Gorikuttai kulam over all total 225 cases of encroachments found out and eviction notices were also sent to the concerned as per the T.N. Municipalities Act 1920 under section 362,313,339 and 340.
In addition to that 94 households are supplied with new drainage system recently especially to avoid discharge of untreated sewage/sullage water to inlet channel.
Sub Collector, Chidambaram
12. 5th respondent filed status report signed on 27.08.2021, e-filed on
02.09.2021 and received on 04.09.2021 which reads as follows:
Status Report filed by the 7th respondent I, V. Samraj, aged 58 years and presenlty working as executive engineer, PWD/WRD, Coleroon Basin Division, Chidambaram, Cuddalore District do hearby solemnly swear and state as follows:
I am the 5th respondent in the above application, pending before this Tribunal. As the Executive Engineer, I am well aware of the facts of this case and I am filing this status report as per the direction of this Hon'ble Tribunal. The water bodies flowing in Chidambaram Municipal area are Khan Sahib Canal, which belong to the PWD, WRD, Coleroon Basin Division, Chidambara. A part of Khan sahib canal is running in the Chidambaram town area for a length of 5 km.30 31
13. 8th respondent filed status report dated nil, e-filed on 02.09.2021 and received on 04.09.2021 which reads as follows:
STATUS REPORT FILED BY THE 8TH RESPONDENT I, R.Mohanraj, aged 56 years, and presently working as Block Development Officer, Kumaratchi Panchayat Union, Kattumannarkoil Taluk, Cuddalore Districtdo hereby solemnly swear and state as follows. I am the 8th respondent in the above application, pending before thisTribunal. As the Block Development Officer, I am well aware of the facts of this case and I am filing this Status Report as per the directions of this Hon'ble Tribunal.
It is respectfully submitted that the averments of the applicant in Para 5, 9 and 12 that the width of the Canal situated in C.Thandeswaranallur Village Survey Nos. 15, 14, 40 and 48 have been reduced to 10 ft. from 25 to 30 ft. is true. The residents of the 1st street, in Sivasakthi Nagar have constructed Pucca Drainage Pipes drain their domestic Sewage into the Canal and the residents of Santhi Nagar, Usuppur Village, Kumaratchi Union have constructed Pucca Drainage that drains into the Canal Water and contaminates it is also true.
This Respondent humbly submits this in pursuance of the order of this Tribunal dated 06.08.2021 and even before that this Respondent has isuued notices through the Executive Officer and Village Panchayat Presidents of Usuppur Village Panchayat to the encroachers in Pulichamedu in Usuppur Village Panchayat requesting them to clear the encroachments within 3 weeks.
This Respondent is also waiting for necessary directions from the District Administration to evict the encroachers in Pulichamedu. Likewise Public Notice has been issued to the residents of Sivasakthi Nagar, S.R. Nagar and M.K. Thottam requesting them to stop the letting in of the Sewage Water into the Canal.
This Respondent submits that the encroachers in and around Usuppur and Chidambaram Non Municipal Village has been identified and this Respondent has submitted the details of the encroachers to the District Administration and is awaiting for suitable direction from higher authorities for evicting the encroachers. In addition to that this Respondent had inspected the Canal and has drafted a proposal for purifying the effluent discharge of Sewage Water through Aerobic Method, by installing Trash Tank, Aerobic Treatment Unit. Disinfection Chamber, Pumping Tank. The approximate cost of the Project is Rs. 16,70,73,000/- (RupeesSixteen Crore Seventy Lakh and Seventy Three Thousand Only). This Proposal has been sent to the Collector of Cuddalore District by this Respondent's Letter dated 23.08.2021. This Respondent humbly submits and prays this Hon'ble Tribunal may be pleased to record this Status Report and pass any order or orders as the Hon'ble Tribunal may deem fit and proper. This Respondent submits that this Respondent will abide the orders of this Hon'ble Tribunal. Verification I, R.Mohanraj, the 8th Respondent herein do hereby verified the contents of 32 this Status Report and they are true to my personal knowledge based on the records and I have not suppressed any facts.
Block Development Officer 14.3rd respondent filed status report signed on 06.07.2021, e-filed on 02.09.2021 and received on 04.09.2021 which reads as follows:
STATUS REPORT FILED BY THE 3rd RESPONDENT I, S.Anand, aged 56 years, and presently working as Tahsildar, Chidambaram Taluk, Cuddalore District do hereby solemnly swear and state as follows.
I am the 3rd respondent in the above application, pending before this Tribunal. As the Tahsildar, I am well aware of the facts of this case and I am filing this Status Report as per the directions of this Hon'ble Tribunal. The form 1 notices for removal of encroachments were given to the concerned departments. The details of which is attached below :
Sl Place of water course Survey Extent No. of Dept. by which form-1 No. Encroachment No. Encroachment notice sent
1. Pallipadai Kuttai 221/11 0.0004 1 BDO-
Parangipettai A1/1654/2018, Dated.21.11.2020
2. Pulichamedu 30/7 0.0003 29 BDO-Kumaratchi Kulam-Usuppur A1/1654/2018, Dated.30.11.2020
3. Periyaannakulam- T.S.1 0.1426 26 Municipal Chidambaram Town 8W-3 Commissioner,Chidamba B-26 ram A1/1654/2018, Dated.10.08.2021
4. karakkuttai - T.S.93 0.0443 20 Municipal Chidambaram Town 1W-5 Commissioner, B-12 Chidambaram A1/1654/2018, Dated.10.08.2021
5. Kumaran Kulam - T.S.15 0.3692 35 Municipal Chidambaram Town 14 Commissioner, W-4 Chidambaram B-22 A1/1654/2018, Dated.10.08.2021
6. Chinna anna kulam, T.S.12 0.0107 3 Municipal Chidambaram Town 6W-2 Commissioner, B-3 Chidambaram A1/1654/2018, Dated.22.06.2021 33
7. Thatchan kulam- T.S.95 0.2540 68 Municipal Chidambaram Town 1W-5 Commissioner, B-13 Chidambaram A1/1654/2018, Dated.19.07.2021
8. Pallipadai Vaikal S.N.5 0.0267 12 PWD-
&23 Chidambaram
A1/1654/2018,
Dated.10.08.2021
9. Palaman Kulakkarai T.S.11 0.3173 69 Municipal
- Nehru Nagar- 27 Commissioner,Chidamba
Chidambaram W-4 ram
B- A1/1654/2018,
17 Dated.18.08.2021
10. Palaman karai - T.S.55 0.4214 94 PWD-
Ambethkar Nagar - 4W-4 Chidambaram
B-23 A1/1654/2018,
Dated.18.08.2021
11. Salai Purampoke- T.S.10 0.0016 1 Temple PWD-
Chidambaram Town 11 Chidambaram
W-4 A1/1245/2021,
B- Dated.30.07.2021
13
T.S.85
8W-5
B-11
15. 9th respondent filed a report signed on 27.08.2021, e-filed on 02.09.2021 and received on 04.09.2021 which reads as follows:
Report submitted by Hindu Religious and Charitable endowments Department regarding Theppotsavam.
With reference to the NGT order dated 06.08.2021 on O.A. No. 125 of 2021, I hereby submit the report on behalf of Hindu Religious and Charitable endowments Department regarding construction of Theppotsavam in Gnanaprakasam tank.
Gnanaprakasam tank is located inside Chidambaram town and is under the control of the Chidambaram Municipality. It is kindly submitted that this tank is not associated to any temple under the HR&CE department. Every year, during the festivals of Aani thiruanjanam and Arudhra Darisanam, this tank gains significance. During the last day of the above mentioned festivals, Theppotsavam used to occur in this temple tank. Based on the field enquiry with public and Natraja temple deekshitars, it is known that its been more than 15 years this tradition happened. There is a math in the northern side of this tank. A special event where public give silk sarees to Goddess Ambal happens on the eve of Diwali every year.
Due to the intrusion of untreated sewage water from the surrounding houses 34 into the tank, this tradition has been discontinued. Restoration of the tank was undertaken by municipality with the help of NGO- Environmental foundation of India (EFI) in the year 2019. The tank was desilted, bund strengthened and the boundaries were fenced. IF steps could be taken to arrest the incoming sewage water from the surrounding areas, and to re-build the mandapam which is in the centre of the tank, the tradition of thepotsavam in the Gnanaprakasam tank can be ensured.
16. The applicant filed reply to the committee reports.
17. The Committee is directed to ascertain the objections raised by the applicant to the report submitted by the Committee and come with a fresh report regarding the present status of the progress of the work, the nature of improvement and their views and objections submitted by the applicant.
18. Pollution Control Board is also directed to submit their remedial measures to be taken for the purpose of resolving the issue permanently.
The Local bodies are also directed to come with proper action plan for resolving the situation with timelines so that this Tribunal can dispose of the matter directing them to comply with the same within the timeline provided. This matter will have to be considered by the high level officials, as they require some financial as well as technical assistance in this regard and certain proposals are pending with the Government for this purpose.
19. So under such circumstances, we direct the Additional Chief Secretary for Municipal Administration and Water Supply, Director, Municipal Administration and Principal Secretary, Rural Development and Panchayat Raj to look into the issues and provide necessary support both financial and technical for the purpose of resolving the issue permanently. They are 35 directed to file the respective reports to this Tribunal on or before 28.10.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
20. The Registry is directed to communicate this order to the members of the Committee, official respondents as well as to Additional Chief Secretary for Municipal Administration and Water Supply, Director, Municipal Administration and Principal Secretary, Rural Development and Panchayat Raj for their information, compliance of the directions and submissions of reports as directed by this Tribunal.
21. For consideration of reports, post on 28.10.2021.
...................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Dr. K. Satyagopal) O.A. No.125/2021 (SZ), 22nd September, 2021. (AM) 36