National Green Tribunal
Tribunal On Its Own Motion Based On The ... vs Principal Secretary Department Of ... on 15 September, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No. 6:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Applicant No. 141 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion
Suo Motu based on the news item in
Kerala Kaumudi Newspaper, web edition dt. 06.06.2021
"A New Ray of Life for Pallikkalar"
... Applicant(s)
Versus
The Principal Secretary to Government of Kerala,
Department of Environment,
Thiruvananthapuram and Ors.
...Respondent(s)
Date of hearing: 15.09.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mr. E.K. Kumaresan for R1 to R4, R6 to R8.
Ms. Niveditha S Menon represented
Mrs. V.K. Rema Smrithi for R5.
Mr. P.B. Sahasranaman along with
Mr. S. Sai Sathya Jith for R9.
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ORDER
1. The above case has been posted to today for appearance of parties and also for filing their independent response.
2. We have received the report submitted by the District Collector, Alappuzha District dated Nil, e-filed on 14.09.2021 and received today (i.e. 15.09.2021) along with the report said to have been filed on their behalf by the standing counsel for the 8th respondent reiterating what was stated by the District Collector in his report which reads as follows:-
"Report Submitting by the 8" respondent District Collector, Alappuzha before the Hon'ble NGT; South Zone, Chennai, in 0.A. No. 141 /2021 (Suo motu based) As per the Order of Hon'ble NGT dated 06.07.2021 gave directions on 16.07.2021 to Deputy Director of Panchayath, Alappuzha and Environmental Engineer, Pollution control board, Alappuzha to enquire the allegations made in the newspaper and entrusted them to take necessary action to resolve the issues and submit detailed report on this matter.
Deputy Director of Panchayath, Alappuzha and Environmental Engineer Pollution control Board are submitted individual reports on 05.08.2021 regarding above mentioned matter.
The pallickal river (Pallikkalar) mainly flows through Kollam and Pathanamthitta districts and does not pass through Alappuzha District. But a rivulet of Pallikkalar flows from Kurunankulagara to Erappanpara in Thamarakkulam Grama Panchayath and joins Pallikkalar which is flowing through Kollam District. Another rivulet of the pallikkal river flows through Page 2 of 11 chooranvayal at Nooranad and palamei Grama Panchayath, the boundary of the Alappuzha District. Previously there is new cases of illegal dumping of solid waste at Erappanpara and Kurunankulangara during night times as these are isolated points. The Deputy Director of Panchayath has reported that the grama panchayat decided to take necessary steps and formulate MGNREGS projects including cleaning and fencing at necessary areas to conserve and protect these drain. The grama panchayaths already initiated programmes regarding the public awareness and involvement in sanitation and waste management activities. Regarding the decision of grama panchayath, if it become necessary, CCTV will installed in certain points. Also the Harithakarma sena is actively working in Gramapanchayats 'Ini njan Ozhukatte a programme on river rejuvenation, implementing in the Grama panchayaths of Alappuzha District. The Haritha Kerala Mission, Suchitwa mission and pollution control Board also supporting the protection and conservation of rivers, Tributories and waterbodies located in the Grama panchayats of Alappuzha District.
Sl. Name of
Name of points Type Activities Duration
No. Panchayath
Public Thamarakkulam
1 Irappanpara Drain 6 months
Awareness Panchayat
Erecting of Thamarakkulam
2 Kurunnankulagara Drain 6 months
Notice Boards, Panchayat
taking legal
proceeding
Palamel
against the
3 Chooralvayal Drain Nooranad 6 months
violators,
Panchayath
cleaning of
drain, fencing
Also directions given to Deputy Director of Panchayath:
Alappuzha and Environmental Engineer Pollution control Board to check whether any other rivulet is flowing from Alappuzha District to the pallikkal river, if found, take necessary actions for the rejuvenation of the rivulet.
Copies of the aforesaid reports and action plan are submitting before the Hon'ble NGT for favourable consideration."Page 3 of 11
3. The 9th respondent has filed a reply affidavit stating that the Government of Kerala has decided to constitute a River Management Authority for protection of 44 rivers in Kerala and there are other local bodies situated on the banks of the said river who are in fact contributing pollution to the river and they were taking all earnest effects to protect the river within their jurisdiction.
4. The Kerala State Pollution Control Board through the Chief Environmental Engineer, Thiruvananthapuram filed a report dated 16.08.2021, e-filed and received on 17.08.2021 which reads as follows:-
"Report filed by Chief Environmental Engineer, Kerala State Pollution Control Board, Regional Office, Thiruvananthapuram on behalf of the Kerala State Pollution Control Board, in Original Application No. 141/2021.
Introduction It is respectfully submitted that the Chief Environmental Engineer, Regional Office, Trivandrum was authorized to represent the 5th respondent, Chairman, Kerala State Pollution Control Board in this Original Application. A copy of the authorization letter is produced herewith and marked as Annexure 1.
The issue under consideration in OA 141/2021 is pollution of the Pallikkal River which flows through three districts Pathanamthitta, Alappuzha and Kollam. The Original Application was registered by the Hon'ble NGT based on a newspaper report published in Kerala Kaumudi, web edition on 06.06.2021. As per the newspaper report the river bears semi decomposed waste from slaughter houses and huge amount of plastic waste which has settled down in the bottom of the river. The Hon'ble NGT has directed the District Collectors of Pathanamthitta, Alappuzha, Secretary, Page 4 of 11 Karunagappally Municipality and Kerala State Pollution Control Board to file independent report including the action taken by the departments to solve the issue and also to report the actions taken for the violations if any noticed. The Hon'ble NGT has also directed the Board to take samples of water and sediments from Pallickkal river in different areas and to suggest remedial measures and to take action against the responsible parties including imposing of environmental compensation if the water body is found to be contaminated.
Preliminary Report As the river passes through three districts, Pathanamthitta, Kollam and Alappuzha, report including basic information were called for from the respective district offices of the Board and accordingly a preliminary report is furnished as below.
It is respectfully submitted that
1. The Pallickal River is a river in Kerala which originates from the lower foothills of the Western Ghats near Kodumon, Pathanamthitta district. It initially flows through several towns towards west. It passes through the towns of Adoor, Vadakkathukavu, Peringanad, Nooranad, Pallickal, Sooranad, Pavumpa, Pavumpa- Churuli, Thodiyur, Vadakkumthala, Kuttivattom, Mynagapally, Karunagapally, Ayanivelikulangara and Kandathil. On reaching Ponmana near Karunagapally the river empties into the Arabian Sea through Ashtamudi Lake. The flow of Pallikkal River and Pavumpa stream together forming the Vattakayal Lake which is surrounded by Pavumpa, Pavumpa - Churuli, Pavumpa-Manappally and Thodiyur. Pavumpa-Churuli, one of the most beautiful places in Karunagappaly is lying in between the Vattakkayal and Pallikal river (Pallikkalaru). The river has a length of 42 km with a drainage area of 220 square kilometres and falls into the Vattakayal Lake near Karunagappally.
2. In Pathanamthitta district a preliminary survey was conducted and it is understood that the river originates as a small creek (width less than 1 m) from the upstream side of Ezhamkulam Grama panchayat near Puthumala & flows towards the southern Page 5 of 11 direction passing through 5 local bodies namely Erathu panchayath, Adoor municipality, Kadambanad panchayath, pallickal panchayath & leaves Pathanamthitta District at Anayadi near North Sooranad. The length of stretch of the river in the district is approximately 17 km and falls into Vattakayal Lake near Karunagappally. Field inspection & sampling of the Pallickal River at various locations was conducted on 11/08/2021 & 12/08/2021 after consultation with Irrigation department & Adoor taluk office. Water samples & sediment samples from 10 locations were collected, in consideration with at least one sample from each local body. Collected samples are forwarded to Central lab of the Board for analysis.
3. From preliminary observation it is understood that the river passes through agricultural land, residential area & commercial area. Major towns included are located in Ezhamkulam Grama Panchayat & Adoor municipality. Possibilities of pollution are due to solid waste disposal, pesticide disposal from agricultural land, sewage discharge from commercial & residential area. Industrial units are not located in immediate proximity of the river. More chances of liquid/ solid waste discharge are in Ezhamkulam Grama Panchayat & Adoor municipality.
4. The river as such is not flowing through Alappuzha District. However a preliminary enquiry was conducted on 26.07.2021. It is understood that a rivulet which flows downstream from Thamarakulam meets Pallickal river at Airottupalam in Shooranad north panchayath, Kollam Dist. Also another rivulet of the Pallickal River flows through Chooran Vayal which forms boundary with Pathanamthitta district. Site enquiry was conducted at Erappan para( S1) and Kurunankulangara (S2) which are points(P1,P2) from the same rivulet in Thamarakulam Gramapanchayath. The rivulet flows from Kurunankulangara to Erappanpara and joins Pallickal river which is flowing through Kollam district. Another location was identified at Chooran vayal which flows through the boundary of Alappuzha district. This is a rivulet of Pallickalar. Sample (S3) was taken from the identified location at Chooran vayal(P3).Page 6 of 11
5. Water samples were taken from the identified three points in the rivulets and analysed for general parameters. The analysis reports produced herewith and marked as Annexure 2. From the analysis result of samples, it found that the water quality is not much affected. There is neither any polluting industries nor hospitals nor commercial complex. Markets are located near the banks of the rivulet. It was noticed that the people living in and around the banks of rivulet are mainly depending on agriculture sector for their livelihood. A detailed survey is required in consultation with Irrigation department to identify any other rivulets in the district joining the Pallikkal river.
6. It is understood that major portion about 25 km of the river flows through Kollam district. The Grama Panchayats of Poruvazhy, Sooranad North, Sooranad South, Thazhava, Thodiyoor and Mynagappally and the Municipality of Karunagappally of Kollam district are located on the banks of the river. The Board is collecting water samples every month from three stations viz. Adoor, Nellimugal (both in Pathanamthitta district) and Thodiyoor (Kollam district) under State Water Quality Monitoring Programme. The analysis reports from January 2019 to June 2021 is produced herewith and marked as Annexure 3.
7. The water quality analysis reports do not show any sign of industrial pollution. However, the presence of fecal coliform indicates pollution from domestic effluent. As informed by the LSGIs concerned, the main problem is encroachment that has reduced the width of the stream considerably at many places. Detailed survey and investigation needs to be conducted jointly with the Departments such as Revenue, Irrigation and concerned local bodies to identify potential sources of pollution and the effect of encroachment.
Based on the preliminary observations and available details, the Board suggests for a detailed investigation including survey in consultation with Irrigation and Revenue department and concerned local bodies to identify the sources of pollution and suggest remedial measures in case of contamination and further Page 7 of 11 course of action. The analysis of the river samples and sediments from major locations will be conducted based on the survey and investigation.
Hence it is humbly requested that the Hon'ble NGT may kindly grant 4 months to conduct a detailed survey and investigation in association with the concerned departments to identify the sources of pollution, sampling and analysis of water and sediment samples and to suggest remedial measures in case of contamination of the river.
All that stated above are true to the best of our knowledge and belief.
Dated 16th day of August 2021. "
5. It is seen from the report submitted by the Kerala State Pollution Control Board that they are taking steps to survey the entire stretch of the river which starts from Pathanamthitta, passes through Kollam and culminates at Alappuzha District. According to the report submitted by the Pollution Control Board, the water analysis done by them in several areas, it was found that there is no industrial effluent being discharged into this river, but the presence of huge amount of Faecal Coliform shows the contamination was due to discharge of untreated sewage into the river from the local bodies.
6. Further, it is also mentioned in the report that there are large scale encroachments along the river bed and those encroachments were also causing contribution of such illegal discharge of sewage into the river, which affects the quality of the water throughout. They wanted four Page 8 of 11 months time to file a detailed survey and investigation in association with the concerned departments to identify the source of pollution and to suggest remedial measures for the same and file the report.
7. On going through the report submitted by the Pollution Control Board, we feel that it is necessary to direct the higher level officials to look into the issue and come with a holistic action plan to resolve the issue that has been projected in the newspaper report, as even according to the report submitted by the Pollution Control Board, on account of discharge of untreated sewage, the water quality in the river has been affected. That shows that there is no facility provided for checking the sewage management and treatment of sewage water before it is being discharged into the river by the respective local bodies. Further, the Irrigation Department is also to play a great role in protecting the river which is in charge of the same and if there is any encroachment or illegal discharge of any sewage by any person, they are expected to take appropriate action to prevent such things as well, as the Government is having a responsibility to protect the environment as mandated under Article 48 A of the Constitution of India. This responsibility has been reiterated by the Hon'ble Apex Court as well as by the various Hon'ble High Courts and also by the National Green Tribunal in several matters which relates to encroachment into the water body and affects the riverine ecology.
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8. So, we direct the Principal Secretaries for Environment, Irrigation, Water Resource, Revenue and Local Administration to come with a holistic action plan after conducting a meeting of all stakeholders from the different districts namely, Pathanamthitta, Kollam and Alappuzha through which this river passes through before it is being terminated at Vattakayal Lake near Karungappally and submit a proper action plan with shorter time line within which the same can be implemented and the said river can be protected against encroachment and pollution.
9. The District Collector of Pathanamthitta, Kollam and Alappuzha are directed to file independent report regarding the steps taken by them to prevent pollution being caused to this river within their respective jurisdiction.
10. The Kerala State Pollution Control Board is also directed to file the detailed report which they have undertaken in the report submitted by them as mentioned above.
11. The above said officials are directed to submit their respective reports to this Tribunal on or before 26.11.2021 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.
12. The Registry is directed to communicate this order to the official respondents, especially to the Chief Secretary, State of Kerala, Principal Secretary for Environment, Irrigation, Revenue and Local Page 10 of 11 Administration by e-mail immediately for their information and also for taking appropriate steps to implement the direction of this Tribunal, after conducting the meeting as directed to be conducted and preparation of action plan for implementation of the same with a responsibility of the departments who are expected to execute the same with a supervisory head to monitor the implementation.
13. For consideration of further progress reports, post on 26.11.2021.
Sd/-
.......................................J.M. (Justice K. Ramakrishnan) Sd/-
..............................E.M. (Dr. K. Satyagopal) O.A. No.141/2021 (SZ), 15th September, 2021. Mn.
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