National Green Tribunal
Voice Of Nature Rep. By Its President R. ... vs The Government Of Tamil Nadu Rep. By Its ... on 8 April, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.1: Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 256 of 2016 (SZ)
IN THE MATTER OF:
Voice of Nature
Rep. by its President
Mr. R. Gokulraj
No.4, Adhigathur Road
Vengathur Kandigai
Manavalanagar
Thiruvallur- 602 002
...Applicant
Versus
1. The Government of Tamil Nadu
Rep. by its Principal Secretary
Department of Environment and Forest
Fort St. George
Chennai.
2. The Tamil Nadu Pollution Control Board,
Rep. by its Chairman
No. 76, Mount Salai Guindy,
Chennai- 600 032
3. The District Environmental Engineer
Tamil Nadu Pollution Control Board
No. 41, Judges Colony
Periyakuppam, Thiruvallur- 602 001
4. The Tamil Nadu Small Industries Development Corporation,
Rep by its Branch Manager,
Kakkulur, SIDCO Industrial Estate,
Thiruvallur- 602 003
5. The District Collector
Thiruvallur
6. Kakkalur Indsutrial Estate ManufacturingAssociation (KIEMA)
Rep by its Secretary Mr. K. Baskaran,
21, Electronic Industrial Estate
Kakkalur, Thiruvallur District
Chennai- 602 003.
... Respondent(s)
Page 1 of 9
For Applicant(s): Mr. A. Yogeshwaran represented
Mr. R. Gokul Raj.
For Respondent(s): Dr. D. Shanmuganathan for R1 & R5.
Mr. S. Sai Sathya Jith for R2 & R3.
Mr. M.J. Jaseem Mohammed for R4.
Mr. R. Saravana Kumar for R6.
Date of Order: 08th April 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
ORDER
1. As per Judgment dated 25.05.2021, this Tribunal had disposed of the matter by giving the following directions:-
"(i) The Pollution Control Board is directed to make periodical inspection of the industrial units in Kakkalur Industrial Estate, Thiruvallur District and see that sewage generated in the Industrial Estate is properly treated and re-used without discharging the same into any drain or any water body and if there are any violations found then they are directed to take appropriate action against the industrial unit including the SIDCO if they have committed any violation in accordance with law including imposition of environmental compensation and issue direction regarding remedial measures to be taken if any environmental damage has been caused.
(ii) SIDCO is directed to expedite the establishment of STP within the time-frame fixed by the Pollution Control Board and make the same operational conforming with the standards provided by the Pollution Control Board in maintaining the outlet of the sewage treatment water and take steps for utilising the same within the industrial units as far as possible without discharging the same into the water body. If any excess water is available then they can discharge the same only after getting necessary approvals from the authorities after Page 2 of 9 complying with the standards providing for discharging such treated sewage into the water bodies. The SIDCO is also directed to file their periodical report once in three months to this Tribunal till the completion and operation of the common sewage treatment plant that is proposed to be established in their Industrial Estate.
(iii) SIDCO Industrial Estate, Kakkalur is also directed to complete the establishment of common sewage treatment plant as expeditiously as possible and at any rate within six months from the receipt of this Judgement. If it is not able to complete the same as directed by the Pollution Control Board in the proceedings issued under Section 33 A of the Water (Prevention and Control of Pollution) Act, 1974 signed on 07.12.2020.
(iv) Considering the circumstances, parties are directed to bear their respective costs."
2. Since periodical reports were not filed, the matter was taken up on 15.12.2021 and at the request of the parties, the matter has been adjourned to 20.01.2022 for filing compliance report and again adjourned to 25.02.2022 for filing compliance report.
3. When the matter was taken up on 25.02.2022, we have received the report submitted by the Tamil Nadu Pollution Control Board signed by the officer on 01.02.2022, e-filed on 02.02.2022 which was extracted in Para (2) of the order and also considered the status report submitted by the 4 th Respondent dated 14.02.2022, e-filed on 15.02.2022 which was extracted in Para (3) and then, directed the State Pollution Control Board as well as the 4th Respondent to file their further action taken and progress report and the case was posted to today for consideration of further reports.
Page 3 of 94. Today, we have received the further status report filed by the 4th Respondent dated 06.04.2022, e-filed on 07.04.2022 along with certain annexure showing the progress of the work which reads as follows:-
"STATUS REPORT FILED BY THE 4th RESPONDENT I, M.D.Jayakumar, S/o. [Late] M.R.Deenen, Hindu, aged about 59 years, working as Branch Manager, Tamil Nadu Small Industries Development Corporation Limited [TANSIDCO], Industrial Estate, Kakkalur do hereby solemnly affirm and sincerely state as follows:
1. I submit that I am working as the Branch Manager, Kakkalur in the Tamil Nadu Small Industries Development Corporation Ltd., (herein after:
referred as TANSIDCO) for the sake of brevity and as such I am well acquainted with the facts of the case from the available records, I am swearing this status report in my official capacity.
I state that the Hon'ble National Green Tribunal, after taking note of the oral arguments of counsel for petitioner and respondents has directed judgment as follows: "27 (1) The Pollution Control Board is directed to make periodical inspection of Industrial units in Kakkalur Industrial Estate, Thiruvallur District and see that sewage generated in the Industrial Estate is properly treated and re used without discharging the same into any drain or any water body and if there are any violations found then they are directed to take appropriate action against the industrial unit including the SIDCO if they have committed any violation in accordance with law including imposition of environmental compensation and issue direction regarding remedial measures to be taken if any environmental damage has been caused.
27 (ii) SIDCO is directed to expedite the establishment of STP with in the time frame fixed by the Pollution Control Board and make the same operational conforming with the standards provided by the Pollution Control Board in maintaining the outlet of the sewage treatment water and take steps for utilizing the same within the industrial units as far as possible without discharging the same into the water body. If any excess water is available then they can discharge the same only after getting necessary approvals from the authorities after complying with the standards providing for discharging such treated sewage into the water bodies. The SIDCO is also directed to file their periodical report once in three months to this Tribunal till the completion and operation of the common sewage treatment plant that is proposed to be established in their Industrial Estate."
In this connection, I submit that the work of "construction, erection, commissioning of 0.80 MLD capacity of Sewerage Treatment Plant (STP)" has been started. Stages of construction of STP have also been monitored by Tamil Page 4 of 9 Nadu Pollution Control Board. Status Report of construction of STP as on 30.06.2021, 15.08.2021, 15.12.2021and 11.02.2022 in the statement form and Status Report has been submitted at the time of hearing by the counsel before the Hon'ble National Green Tribunal. The present stages of construction work of STP as on 31.03.2022 as received from the construction wing of TANSIDCO are as follows:
1. Aeration Tank:
Foundation, Raft, Wall concrete water proofing, Walk way column completed. Inner plastering work is under progress. Walkway foundation, Column Beam completed Slab shuttering work is under progress. Erection of Machineries and pipeline work has to be laid.
a. Filter Feed Tank:
Concrete wall work completed. Erection of Machineries and pipeline work has to be laid b. Treated Water Tank:
Concrete wall work completed. Erection of Machineries and pipeline work has to be laid.
c. Inlet Chamber Reinforced Cement Concrete wall completed. Pipe line work has to be laid.
d. Bar Screen:
Reinforced Cement Concrete wall completed. Pipe line work has to be laid.
e. Grit Chamber:
Reinforced Cement Concrete wall completed. Pipe line work has to be laid.
2. Secondary Clarifier:
Foundation, Raft, wall concrete, water proofing completed. Inner plastering. work is under progress. Erection of machineries and pipe line work has to be laid.
3. Solid Holding Tank:
Foundation, Raft, Wall concrete water proofing, plastering completed. Inner plastering is under progress. Pipe line work has to be laid.
4. Plant Room:
Foundation and basement completed. Brick work, column, roof slab, weathering Course, pressed tilé, outer plastering, window grill, doors, Inner plastering completed is completed Erection of machineries and pipe line work has to be executed.Page 5 of 9
5. Filter Press Shed:
Foundation, Plinth Beam P.C.C completed. Plinth Beam, column work in sunder progress.
6. Carbon Filter & Sand Filler:
Foundation footing completed. Column concrete work is under progress.
It is further stated the photos taken at the site progress stage of work as on 31.03.2022 is enclosed herewith for kind perusal of the Hon'ble Tribunal.
It is further submitted that due to the pandemic condition arising out of Covid-19 and heavy rainfall, water stagnation in the site as well as whole industrial estate, the works could not be completed by the Contractor before
31.03.2022 and the works were triggered to complete the construction work and erection of machineries in complete shape by 30.04.2022. As the sewer pipelines in some areas got damaged to a length of 250 RM, the renovation works are also in progress and the same will be completed by the end of August 2022 and put in to operation in complete shape by November 2022. The above fact was also informed to the Tamil Nadu Pollution Control Board (TNPCB) on 23.03.2022 for necessary action.
It is therefore prayed that this Hon'ble Tribunal may be pleased to accept the Status Report and pass orders, deems fit and necessary in the said circumstances and thus render justice."
5. The Tamil Nadu Pollution Control Board also filed a report signed by the officer on 07.04.2022, e-filed on the same date which reads as follows:-
"COMPLIANCE REPORT FILED ON BEHALF OF THE 2ND AND 3RD RESPONDENTS - TAMIL NADU POLLUTION CONTROL BOARD.
1, R. Rajamanickam, S/o. P.M.Ramasamy, Hindu, aged about 57 years, having my office at No.76, Mount Salai, Guindy, Chennai-32, do hereby solemnly affirm and sincerely stats as follows:
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai-32, and I am filing this Compliance Report on behalf of the 2nd & 3rd Respondents, Tamil Nadu Pollution Control Board and as such I am well acquainted with the facts of the case as per the records.
2. It is respectfully submitted that the Hon'ble NGT in its order dated 25.02.2022 has issued the following directions among the other things as follows:Page 6 of 9
"6. However, we think that this can be posted to first week of April, so that the completion and the satisfactory functioning of the Sewage Treatment Plant can be monitored by the Tamil Nadu Pollution Control Board and they can submit the report.
7. The Tamil Nadu Small Industries Development Corporation (SIDCO) as well as the Tamil Nadu Pollution Control Board (TNPCB) are directed to file their further action taken and progress report on or before 08.04.2022"
3. It is respectfully submitted that in pursuance to the said NGT order inspection was carried out by the officials of the DEE, TNPCB, Tiruvallur in the SIDCO Industrial Estate, Kakkalur on 06.04.2022 and the following were observed:
i. The SIDCO, Kakkalur has completed the civil work of Common Sewage Treatment Plant (CSTP) of 0.8 MLD capacity components such as Inlet Chamber, Bar Screen Chamber, Grit Chamber, Aeration Tank, Secondary Clarifier, Filter Feed Tank, Treated sewage Tank, Sludge Holding tank & Plant Room. Further, erection of Mechanical equipments, Electrical & Pipeline works for the CSTP are yet to be executed by the SIDCO, Kakkalur.
ii. Further it was noticed that mechanical equipments such as process feed pumps, Recirculation pumps, Filter feed pumps, filter backwash pumps & Filter press items arrived at the site.
iii. SIDCO, Kakkalur has reported that the existing collection well will be utilized for raw sewage collection tank.
iv. All the 347 operating units in the SIDCO Industrial Estate, Kakkalur have provided individual treatment system for the treatment of sewage by providing either septic tank followed soak pit (342 Nos) or individual STP (5 Nos). The unit's having STP utilize their treated sewage on land for gardening within their unit premises.
v. The industrial units generating trade effluent have provided individual ETP with Solar evaporation pan for the treatment and disposal of trade effluent. Hence there is no discharge of trade effluent outside the unit premises into the storm water drain/ earthen channel leads to Thanneerkulam Lake.
vi. Further it was noticed that there was no discharge of sewage outside the unit premises into the storm water drain/ earthen channel leads to Thanneerkulam Lake.
4. It is respectfully submitted that the Branch Manager, SIDCO Industrial Estate, Kakkalur vide its letter dated 23.03.2022 has reported that machineries are in transit & it will reach the site by the end of March 2022 and requested for extension of time upto 30.04.2022 to complete the erection of machineries and STP will be operated from November 2022.Page 7 of 9
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) at Chennai may be pleased to take this Report on Record and pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice."
6. It is seen from both the reports that major portion of the work has been completed and machineries will have to be erected and certain repair work of damaged sewer lines will have to completed and they may be able to complete all these works by end of August - 2022.
7. The report of the State Pollution Control Board reiterated the fact that there was no discharge of untreated effluent being let into the drains which ultimately reaches the lakes or other water bodies.
8. The grievance of the applicant was that they were discharging the untreated effluents into the water body which results in pollution of the water body. Since that aspect has been redressed and the 4 th Respondent has almost completed the obligation of providing the Sewage Treatment Plant which is expected to be functional by August 2022, we feel that there is no necessity to monitor the same any more. But at the same time, we direct the State Pollution Control Board to monitor the compliance of the directions given by this Tribunal and if they did not complete the process as undertaken by them and if there is any violation found, then they are directed to take appropriate action against the 4th Respondent in accordance with law.
Page 8 of 99. With the above observations and directions, this Originally Application is finally disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.256/2016 (SZ) 08th April 2022. Mn.
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