National Green Tribunal
National Green Tribunal Southern Zone vs The District Collector Thiruvallur ... on 23 December, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.09:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 32 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion
Suo Motu based on the news item in
Dinamalar Chennai newspaper dated10.02.2020,
"Heaps of Plastic Wastes and
Garbage lying in a side of Porur Lake."
...Applicant(s)
Versus
The District Collector,
Thiruvallur District and Ors.
...Respondent(s)
Date of hearing: 23.12.2020.
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): Sri. Dr. V.R. Thirunarayanan for R1, R4.
Sri. C. Kasirajan through
Ms. Meena for R2.
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ORDER
1. The above case has been Suo Moto registered by this Tribunal on the basis of the newspaper report published in Dinamalar, Chennai Supplement dated, 10.02.2020 under the caption "Ngh&u; Vupapd; xU gf;fj;jpy; Ftpe;J fplf;Fk; gpsh];bf; fopTfs; kw;Wk; Fg;gig"
(Heaps of Plastic Wastes and Garbage Lying in the side of Porur Lake) and this Tribunal had constituted a Joint Committee to go into the question and directed them to submit a report and this is being adjourned from time to time for that purpose.
2. Thereafter, on 25.09.2020, this Tribunal had considered the report submitted by the Joint Committee which was extracted in Para 4 of the order and given further directions to the committee as well as to the Pollution Control Board and the Block Development Officer, Kundrathur Panchayat Union to submit a further status regarding the implementation of the Solid Waste Management Rules, 2016.
3. It is mentioned in the earlier report that further dumping in the catchment area of Porur Lake has been stopped but the legacy waste already dumped there will have to be removed and that process has not been initiated.
The matter was lastly adjourned to today as per the notification dated 2 23.12.2020 for submission of the further status report regarding the implementation of the Solid Waste Management Rules, 2016.
4. When the matter came up for hearing today through Video Conference, Sri. Dr. V.R. Thirunarayanan represented respondents 1 & 4 and Sri. C. Kasirajan through Ms. Meena represented 2nd respondent.
5. We have received the report signed on 20.12.2020 by one of the members of the committee and received on 23.12.2020 which reads as follows:-
1. "ORDERS OF THE HON'BLE TRIBUNAL It is respectively submitted that the Hon'ble National Green Tribunal(SZ), Chennai order dated.13.02.2020 in the matter of O.A.No.32 of 2020 directed the following vide, Para 7 - Considering the circumstances we feel it appropriate to appoint a Joint Committee comprising of the District Collector, Chennai District and Superintending Engineer, Water Resource Organisation, Public Works Department, Tamil Nadu State Pollution Control Board (TNSPCB) and the Commissioner, Greater Chennai Corporation to inspect the area in question and submit a status as well as action taken report, if there is any violation and trace out the person who is responsible for the same including initiation of prosecution and imposing environmental compensation.
Para 8 - Tamil Nadu Pollution Control Board will act as the nodal agency for co-ordination and for providing all necessary logistics for this purpose. The committee is directed to submit the report to this Tribunal within a period of one month through e-mail @ [email protected].
3It is also respectively submitted that the Hon'ble National Green Tribunal (SZ), Chennai order dated.17.07.2020 directed the following vide, Para 5 - So, considering the circumstances prevailing in the State, especially in Chennai and Thiruvallur District, we feel it appropriate to grant two months time as requested for submitting the report as directed.
Para 6 - The committee is directed to submit the report to this Tribunal on or before 25.09.2020 through e-mail or by e-filing at [email protected].
2. COMPOSITION OF THE COMMITTEE In accordance to Hon'ble Tribunal direction, TNPCB communicated the order and requested for nomination from respective departments vide letter no. F.183/NGT Order/JCEE(M)/TNPCB/CHN/2020 dated July 13, 2020. Consequent upon the nominations received from respective departments, it is respectively submitted that the joint committee was constituted comprising the following members as directed by the Hon'ble National Green Tribunal.
1. Thiru. M.Malaiyandi, Joint Chief Environmental Engineer(Monitoring), Tamil Nadu Pollution Control Board, Chennai Zone.
2. Thiru. A.Muthaiah, Superintending Engineer, Public Works Department (WRO), Palar Basin Circle, Chennai.
3. Tmt.S.Sasikala, Zonal Officer, Zone-XI, Greater Chennai Corporation, Chennai.
4. Tmt.AN.Lavanya, Revenue Divisional Officer (Central), Chennai District.
As directed, the Joint Committee inspected the site in question on 15.09.2020 and submitted the report along with its recommendation to the Hon'ble National Green Tribunal (SZ), Chennai.
4Subsequently, the Hon'ble National Green Tribunal (SZ) Chennai order dated 25.09.2020, directed the following vide, Para 9 - The Block Development Officer, Kundrathur Panchayat Union and Executive officer, Ayyappanthangal Village Panchayat are directed to submit an action plan and the status report regarding the implementation of the Solid Waste Management Rules, 2016 in their panchayat and also the compliance of the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A.No.606 of 2018 from time to time and also the implementation of the recommendations made by the Joint Committee in resolving the issue.
Para 10- They are also directed to submit a report regarding the probable action that they are going to do, to remove the legacy waste that has been dumped in Porur Lake and the alternate arrangement that they are to do, in view of the directions given by the District Administration not to dump waste in the catchment area of Porur Lake anymore for disposal of solid waste collected in their panchayat.
Para 11- The Pollution Control Board is also directed to submit the further action taken report on the basis of the recommendation made by the Joint Committee for implementation of the Solid Waste Management Rules, 2016 and as directed by the Principal Bench of National Green Tribunal, New Delhi in O.A.No.606/2018 in respect of this panchayat.
Para 12- The Committee is also directed to submit a further report regarding compliance of the directions issued by them and the progress that has been done for remedying the situation by the panchayat.
Para 13- We feel that since the Block Development Officer, Kundrathur Panchayat Union is the supervisory authority over the activities of the panchayat within its jurisdiction, instead of Commissioner, Greater Chennai Corporation, the Block Development Officer, Kundrathur Panchayat Union is substituted in the committee. Commissioner, Greater Chennai Corporation is relieved from the committee.
5Para 14- The Committee as well as the Pollution Control Board are directed to submit their further report and further action taken report respectively to this Tribunal on or before 23.11.2020.
The copy of the above order is enclosed as Annexure I. It is respectfully submitted that the Special Officer, Iyyapanthangal Village Panchayat cum Block Development (Village Panchayat), Kundrathur vide letter dated 19.11.2020 has submitted the action taken report on the recommendation of the Joint Committee. Further, the Tamil Nadu Pollution Control Board officials visited the site on 20.11.2020 and furnished the present status of the compliance by the Kundrathur Panchayat Union on the recommendations made by Joint Committee.
The copies of the above are enclosed as Annexure II and III.
The present status of compliance on the recommendations of the Joint committee is submitted below.
Sl. Recommendation of Action taken reported by Present status of the No the Joint Committee the Special Officer, compliance.
Iyyapanthangal Village
Panchayat cum Block
Development (Village
Panchayat), Kundrathur
on the Recommendation
of the Joint Committee
1. The Block During past years,the It was noticed that the
Development Officer garbage to quantum of Ayyappanthangal
(BDO), Kundrathur 1229.57 MTs in the Village Panchayat has
Panchayat Union disputed area were cleared stopped dumping of
shall stop the,shifted by lorry transport municipal solid waste in
dumping of unand dumped in the site the portion of Porur
segregated solididentified at Kolathur lake catchment area at
waste being Village Panchyat of S.F.No.138,
generated within the Kattankolathur Panchayat Thelliyagaram Village,
jurisdiction ofunion which was in the Kundrathur Taluk,
Ayyappanthangal composite Kancheepuram Kancheepuram District.
Village Panchayat in District.
the portion of Porur At present, municipal
lake catchment area Now that the erstwhile solid waste is collected
at S.F.No.138, Kancheepuram District is and dumped at
Thelliyagaram bifurcated and therefore Ponniamman Koil
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Village, Kundrathur the dumping site identified street,
Taluk, earlier is now in the Ayyappanthangal
Kancheepuram bifurcated Chengalpet Village, Kundrathur
District. District and therefore the Taluk, Kancheepuram
garbage could not be District for further
shifted and this resulted in processing.
2 The Block this adverse situation. The Kundrathur
Development Officer Panchayat Union has
(BDO), Kundrathur However, we have not yet started bio
Panchayat Union reported the sensitive issue mining activity so as to
shall clear the to the Collector clear the dumped solid
dumped solid waste Kancheepuram District waste (legacy wastes)
(legacy wastes) inside vide this office Letter R.C. inside the Porur Lake
the Porur Lake within No. 1016/2020/Aa1 Dated within the jurisdiction of
the jurisdiction of 8.11.2020 to allot dumping Ayyappanthangal
Ayyappanthangal yard in order to shift the Village Panchayat at
Village Panchayat at solid waste generated in S.F.No.138,
S.F.No.138, the Village Panchayat. Thelliyagaram Village,
Thelliyagaram Kundrathur Taluk,
Village, Kundrathur Therefore as soon as the Kancheepuram District
Taluk, site is identified and as shown in the
Kancheepuram allotted effective action following photograph.
District by carrying will be taken to remove the out Bio mining as per garbage from the disputed CPCB guidelines site.
within the period of six months.
The Kundrathur
Panchayat Union has
not yet furnished any
proposal in this regard.
3 The Block Taking it as a sensitive The construction of
Development Officer issue, the Kancheepuram Micro Composting
(BDO), Kundrathur District Collector has Centre (MCC) located
Panchayat Union accorded administrative at Ponniamman Koil
shall complete & sanction for Micro street, Ayyappanthangal
commission the Composing Centre to Village, Kundrathur
Micro Composting process 0.5 to 3.0 tons of Taluk, Kancheepuram
Centre (MCC) which waste at an estimate cost District has been
is under construction of Rs. 26 lakhs and the completed to handle
within a month so as construction work has maximum 3T of organic
to handle the 3T of commenced in wastes as shown in the
Organic waste as Ayyapanthangal Village following photograph
reported. Panchayat Jurisdiction. and awaiting
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The composting TANGEDCO power
processing will be connection to commence
commenced at the earliest. the facility.
4 The Block In addition to the Micro The Special Officer, Development Officer composting centre, once Ayyappantangal Village (BDO), Kundrathur the construction is started Panchayat has reported Panchayat Union in we have also proposed and that they have proposed coordination with identified one each Micro to identify and establish District composting centre in every one micro composting Administration shall ward so that the solid centre in every ward so identify an additional waste segregated will have that organic solid waste land for handling and its own composting segregated will have its treatment process in every ward to own composting process (Processing & raise the capacity of in every ward. Incineration) of composting. Proposal for However, the Special entire quantity of further sanction of Micro Officer, Ayyappantangal municipal solid waste composting centre will Village Panchayat/ as per the Solid also be carried at the Block Development Waste Management earliest. Officer (BDO), Rules, 2016. Kundrathur Panchayat Union has not furnished any proposal/approval obtained in this regard.
5 The Block With regard to the door to The Special Officer, Development Officer door collection, it is in Ayyappantangal Village (BDO), Kundrathur process. However the Panchayat has reported Panchayat Union awareness and co- that door to door shall ensure 100% operation among the collection of solid waste collection of solid public is lacking in in all wards are in waste being complying with the solid process, however, the generated within the waste management Rules awareness and jurisdiction of 2016 to segregate the solid cooperation among the Ayyappanthangal waste as bio degrade and public is lacking in Village Panchayat non bio degradable at the complying with the said with proper door step itself. However Rules to segregate the segregation, door to this process would be solid waste. door collection, carried out in the Micro It was also reported that processing and composting centre to be the segregation process disposal by commissioned. would be carried out in complying with the 36 numbers of sanitary a established MCC to be 8 provisions of the staff is engaged in door to commissioned. Solid Waste door collection and 18 Further it has been Management Rules numbers of Pull cart 10 reported that they have 2016. numbers of E-cart vehicle engaged 36 nos of and 3 numbers of tractor sanitary staff to collect with trailer is engaged in the solid waste from the collection segregation door to door collection and dumping process. The with 18 Nos. of Pull Salary remuneration of all cart, 10 nos. of E-cart these staff , is being met vehicle and 3 nos of from the Village tractor with trailer.
Panchayat General Fund
own revenue which is also
deficit in catering the
basic amenities like
drinking water supply and
maintenance of Street
lights.
However proposals for
engaging additional staff
for the sanitary work will
be sent to the District
collector for necessary
sanction.
6 The Block - The Special Officer,
Development Officer Ayyappantangal Village
(BDO), Kundrathur Panchayat has reported
Panchayat Union that they are
shall employ the monitoring the dump
sanitary staff in the site regularly to prevent
dump site in question any fire in the legacy
to carry out waste dumped to avoid
monitoring to prevent air pollution to the
any fire in the legacy nearby residences.
waste dumped to
avoid air pollution to
the nearby
residences.
7 The Secretary, Rural Micro - composting centre The BDO, Kundrathur
Development is sanctioned for Panchayat Union,
Department, Govt of compositing process. In Kancheepuram District
Tamilnadu and respect of clearing the was addressed for
Assistant Director, existing dumped waste, as necessary compliance in
Village Panchayats, soon as the common this regard by the DEE,
Kancheepuram dumping site is identified, TNPCB, Kancheepuram
District shall monitor the existing dumped waste District @
and ensure that the will be removed and Sriperumpudur vide
9
Kundrathur shifted to dumping yard. letter No. DEE/
Panchayat Union is TNPCB/SPR/ F-M-
complied with the 0001/ SWM/ 2020,
statutory Dated 06.10.2020 and
requirements and for letter No. DEE/TNPCB/
the scientific disposal SPR/F-M-
of solid waste that 0001/SWM/2020, Dated
are being generated 16-11-2020. (Copy
in the attached as Annexure
Ayyappanthangal IV).
Village Panchayat.
8 The Senior Officials - It was reported that the
from Public Works Public Works
Department (PWD), Department (PWD),
WRO shall issue WRO issued instructions
necessary notice to to vacate the existing
Assistant Director, dumping and ensure no
Village Panchayats, further dumping of
Kancheepuram Municipal Solid Waste
District and Block by the Ayyappanthangal
Development Officer Village Panchayat.
(BDO), Kundrathur
Panchayat Union to
vacate the existing
dumping and ensure
no further dumping of
Municipal Solid
Waste by the
Ayyappanthangal
Village Panchayat.
9 The Kundrathur Regarding payment of The Kundrathur
Panchayat Union Environmental panchayat union has not
shall remit interim compensation of Rs 12 yet remitted the interim
Environmental lakhs, for not complying Environmental
Compensation (EC) of with the provision of Solid Compensation (EC)
Rs.12 Lakhs for not Waste Management Rules amount to TNPCB.
complying with the 2016. Solid Waste as said provisions of the Solid earlier to a quantum of Waste Management 1229.57 MTs was already Rules, 2016, as shifted and dumped at the directed by the Kolathur common Hon'ble National dumping site and the same Green Tribunal process of clearing the (Principal Bench) in garbage will be done as its order soon as the common dated.28.02.2020 in dumping site is identified OA.No 606 of 2018. in the newly bifurcated 10 Kancheepuram District or within the Kundrathur.
By considering the above facts, the Hon'ble Tribunal may pass appropriate order(s)/directions(s) as deemed fit."
6. This report also shows that lot of things will have to be done by the Kundrathur Panchayat Union including commencing bio-mining for the purpose of the disposal of legacy waste already dumped in the catchment area of Porur Lake and also implementation of the Solid Waste Management Rules, 2016 in an effective manner.
7. In fact, the Pollution Control Board has already initiated action against the Panchayat Union for non-implementation of the Rules on the basis of the directions issued by the Principal Bench of National Green Tribunal in O.A. No.606/2018 by imposing an interim environmental compensation to the tune of Rs.12 Lakhs and the said amount has not been deposited by them so far.
8. The District Collector, Kanchipuram is directed to exercise his responsibility under Rule 12 of the Solid Waste Management Rules, 2016 to see that the legacy waste dumped in the catchment area of Porur Lake is disposed of scientifically so as to save the lake against the pollution and also take steps to recover the interim compensation already imposed by the Pollution Control Board, if no proceedings have been initiated by 11 the Panchayat Union against the imposition of environmental compensation before the appropriate forum. If there is any impediment for the panchayat in carrying out the bio-mining as directed by the committee, the District Collector is expected to resolve the issue by providing necessary assistance as to how this can be effectively implemented as under Rule 12 of the Solid Waste Management Rules, 2016, it is responsibility of the District Collector to find out the ways and means to implement the Rules in its letter and spirit.
9. The Pollution Control Board is directed to submit a further report as to what are all the further steps taken by them for the purpose of implementing the Solid Waste Management Rules by the local body in their area and also for recovery of interim compensation already imposed and submit independent reports to this Tribunal on or before 25.01.2021 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.
10.The Registry is directed to communicate this order to the members of the committee, Block Development Officer, Kundrathur Panchayat Union, Superintending Engineer, Public Works Department, the District Collector, Kanchipuram, Tamil Nadu Pollution Control Board and also to 12 the Ayyappanthangal Village Panchayat so as to enable them to comply with the direction for filing reports as directed.
11.For consideration of report, post on 25.01.2021.
....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.32/2020, 23rd December, 2020. Mn.
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