National Green Tribunal
Marvel River View County Owners Welfare ... vs The Chairman on 20 February, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
1
Item No.14
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
O.A.No.157 of 2016 (SZ)
IN THE MATTER OF:
Marval River View County Owners'
Welfare Association .. Applicant
Vs.
The Chairman,
Airports Authority of India & ors ... Respondent(s)
Date of hearing: 20.2.2020
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For applicant : Applicant in person
For Respondent(s) : . Mrs. Gayathri Hasrish for R1 & R6
Mr. M. Mani Gopi for R2, R3 & R7
Mrs. Me. Sarashwathy for R4 & R5
Mr. Abdul Saleem, Mr.S. Saravanan
M. Akshaya for R8
ORDER
The grievance in this petition is regarding the violation committed by the sixth respondent in expanding their project, wherein the conditions imposed in the Environment Clearance has been violated by the sixth respondent, while executing the project. They have also mentioned about the possible ill-effect of such violations on environment and filed this application, seeking the following relief:
2
"Direct the authorities concerned to conduct a fresh Environmental Impact Assessment and a public hearing done, on account of the change in the HFL from 10.50 meters in 2005 to 13.39 meters in December, 2015.
Direct PWD and MoEF to ensure a strict compliance by AAI with regard to the height and width of the bridge, as stipulated by the sanction letter No.10.140/2007/IA-III of MoEF, dated 25th August, 2008 and restrain them from regularising these deviations. Direct PWD o demolish the bridge, if AAI is unable to abide by the norms sanctioned by MoEF and their own commitments to MoEF, before it is too late for the next monsoon. The cost of the bridge will be much less when compared to the cost of the damages it would cause to the surrounding environment, in the long run.
Direct PWD to demolish a) the unauthorized compound wall of AAI that is obstructing a diverting the free flow of water and b) that portion of the runway that is on the very edge of the northern side of the river, against the CRZ norms."1
2. MoEF & CC has also filed their reply noting that there were certain violations committed by the Airports Authority of India in executing the work against the terms and conditions of Environment Clearance granted. But they did not mention what is the nature of action that they are going to take for the violations committed by the sixth respondent. The Airports Authority of India also filed a statement but they did not deny the nature of construction, as alleged by the petitioner but they only submitted that they have done in accordance with the Environment Clearance and in accordance with law and there was no environment damage caused, as claimed by the petitioner.
3.So considering the fact that there was admittedly certain violations committed by the project proponent viz., Airports Authority of India, as enumerated by the MoEF & CC in their statement, as per order dated 6.1.2020, we directed the Regional Office of MoEF & CC, Chennai 3 to submit a fresh status report on the basis of the objections filed by the applicant by way of their rejoinder to the reply statement filed by the official respondent and project proponent and posted the case today.
4. The MoEF & CC has filed their compliance report as follows:
"Government of India Ministry of Environment, Forest and Climate Change Nungambakkam, Chennai - 600034 Certified Compliance Report Part I Data Sheet F.No. EP/12.1/172&753/TN 1 Project Type/River Valley/ : Infrastructure - Airport Mining/Industry/Thermal/Nuclear/other specify 2 Name of the project : i.Expansion of Phase-1 of the Chennai International Airport by Airports Authority of India (AAI) I) ii. Extension and modification to Anna International Terminal at Chennai Airport.
Clearance letter(s)/OM No. and dated i.10-140/2007-IA-III dt.25.8.2008ii.J-
Consent to Establish (CTE) no & date
16011/20/99-IA.III dt.7.10.1999 i.EC
dt.25.8.2008 Not obtained
Ii. EC dt.7.10.1999 Proceedings
4
No.R2/TNPCB/F-2418/KPM/RL/A/99.
Dt.22.10.99 under S.21 of the Air Act, 1981.
Proceedings No.R2/TNPCB/f-
2418/KPM/RL/W/99 dt.22.10.99 under S.25
of the Water Act, 1974.
Consent to operate no.dt. an validity CTO renewal obtained from TNPCB was
expired on 31.3.2016. Thereafter, CTO
renewal has not been obtained. M/s. Airport
Authority of India (AAI) is continuing
operation without obtaining valid CTO from
TNPCB since 1.4.2016.
4 Locations a. Taluk(s) Saidapet
b.District Kancheepuram
c.State (s) Tamil Nadu
Latitudes/Longitude 13-04N/80-15E
5 Address of correspondence The Executive Director (Engg), Southern
Address of concerned project Chief
Engineer (with Pin Code & Region, M/s. Airports Authority of India,
telephone/telex/fax numbers
Rajiv Gandhi Bhawan, Safdarjung Airport,
New Delhi - 110003. Phone - 011
24648722
Fax- 011 246651863
b. Address of Executive Project The General Manager (Engg/Civil), M/s.
Engineer/Manager (with Pin Code/fax
numbers) Airports Authority of India, Admn Building,
Chennai Airport, Meenambakkam, Chennai
- 600027. Phone-04422560541
6 Salient features Project involves setting up of Airport
a.Salient features of the project
5
consisting of four terminals (T1, T2, T3 and
T4) construction of bridge across Adyar river
and parking facility for 3600 cars
b. Environmental management plans Covered in the EIA/EMPs submitted to the
Ministry of Environment, Forest and Climate
Change (MoEF & CC) for approval at the
time of grant of Environmental Clearances
7 Break up of the project area: Total built up area:1,28,500 m2
a. Project area
(As per the EC accorded - for the projects
listed at S.No.2 above)
8 Break up of project affected Nil
population with enumeration of those
losing houses/dwelling units only,
agricultural land only, both dwelling
units and agricultural land and
landless labourers/artisans
a. SC,ST/Adivasis Not applicable
b. Others Not applicable
9 Financial details: Rs.2074 Crores (As per the project
a.Project cost as originally planned
and subsequent revise estimates an proponent- For the projects list at S.No.2
the years of price reference
above)
b Allocations made for environmental S.no Description of item Cost Rs.
management plans, with item wise
and year wise break up (Crores)
i Water conservation 4.4
& wastewater
treatment
ii Horticulture 1.50
Total 5.90
6
Recurring costs 0.50/annum
As per the project proponent-For the
projects listed at S.No.2 above
c.Benefit cost ratio/internal rate of Details not made available
return and the years of assessment
d.Whether © includes the cost of Details not made available
environmental management as shown
in (b) above
e. Total expenditure on the project so Rs.2074 Crores (As per the project
far
proponent- For the projects listed at S.No.2
above) Actual expenditure incurred by the
project proponent for the projects listed at
S.No.2 above as provided during visit are
given below:
S.no Description of item Cost Rs.
(Crores)
i Water conservation 4.4
& wastewater
treatment
ii Horticulture 1.50
Total 5.90
Recurring costs 0.50/annum
As per the project proponent-For the
projects listed at S.No.2 above
10 Forest land requirement Nil
7
a.The status of approval for a Not applicable
diversion of forest land for non-
forestry use
b.The status of compensatory Not applicable
afforestation, if any
c.The Status of clear felling Not applicable
d.Comments on the viability and Not applicable
sustainability of compensatory
afforestation programme in the light of
actual field experience so far
11 The status of clear felling in non-forest Not applicable
area (such as submergence area of
reservoir, approach road), if any, with
quantitative information
12 Status of construction:
a.Date of commencement
b. Date of completion (actual and/or
planned)
S.No Date of EC Date of Date of completion
i 25.8.2008
commencement
24.11.2008 15.5.2012
Details not made available
ii 7.10.1999
13 Reasons for the delay if the project is Nil
yet to start
14 Date of site visit
a The dates on which the project was 1.11.2016
monitored by the Regional Office on
previous occasions, if any
b Date of site visit for this monitoring 14.11.2017
report
Project Status
Details of Environment Clearance (ESs) and Consents obtained:
Chennai International Airport is the fourth biggest airport in the country in terms of passenger traffic and is managed by M/s. Airports Authority of India (AAI)-Project Proponent (PP) PP 8 informed that existing terminal building of Chennai Airport was commissioned during 1989. Subsequently, ermine building handling capacity was augmented in phases after obtaining prior environmental clearances from Ministry of Environment, Forest and Climate Change (MoEF & CC). Chennai Airport consists of four terminals (T1, T2, T3 and T4) and spread over an area of 1326 acres as informed. Further, informed that entire land of 1326 acres is under the possession of PP.
Details of the environmental clearances obtained from MoEF & CC and consents (Consent to Establish (CTE) && Consent to Operate (CTO) obtained from Tamil Nadu Pollution Control Board (TNPCB) for the Chennai Airport is given below:
Table 1: Details of Environment Clearances and Consents obtained for the Chennai Airport Name of the project EC reference no Facilities envisaged Consents (CTE & along with date CTO) obtained from TNPCB Extension and J-16011/20/99-IA.III Extension of existing CTE has been modification to Anna dt.7.10.1999 Anna International obtained vide order International Terminal Terminal (T2 & T3) by dated 22.10.1999.
at Chennai Airport providing additional CTO renewal
built up area of obtained from TNPCB
24.671m2 was expired on
31.3.16. Thereafter,
CTO renewal has not
been obtained.
Expansion of Phase-I 10-140/2007/IA-III Enhancement in the CTE has not been
of the Chennai dt.25.8.2008 total built up area obtained
9
International Airport from 61,550 m2 to CTO renewal
by Airports Authority 1,28,500 m2 by obtained from TNPCB
of India establishing new was expired on
terminals T1 & T4. 31.3.16. Thereafter,
Bridge with a span of CTO renewal has not
200 meters x 415 been obtained.
meters on a RCC
column of 1.2 m dia
and 1.4 m above high
flood line on Adyar
river.Car parking for
3600 cars
ii. Present status of the project:
The project cited above was monitored by the undersigned on 14.11.2017along with the representatives of the M/s. AAI. Facilities approved in the Environmental Clearances cited above and the facilities actually established and provided by the PP during the visit are summarized as below:
Facilities approved in the ECs Facilities established and Remarks dt.7.10.1999 & 25.8.2008 provided by the PP during the visit Enhancement in the total built Total built up area of 2,14,041 As per the Environmental up area from 61,550 m2 to m2 has been established (T1 Clearances accorded, total 1,28,500 m2 78341 m2; T2: 30,177 m2; T3: built up re is 1,28,000 m2 51,764 m2 and T4: 53,756 m2) whereas M/s. Airport Authority 10 of India established an built up area of 2,14,041 m2 (T1:78,341 m2, T2: 30,177 m2, T3: 51,764 M2 and T4: 53,756 m2 without obtaining prior approval from MoEF & CC and necessary consents (CTE & CTO) from TNPCB Bridge with span of 200 Bridge with a span of 200 M/s. AAI has deviated from meters x 415 meters on a meters x 462.84 meters has the original dimensions of the RCC column of 1.2 m dia and been established on a RCC bridge as approved by MoEF 1.4 m above high flood lline column of 0.87m diameter o & CC by establishing a bridge on Adyar river. The Airport is Adyar river. Total height of with a span of 200 meters x (+) 9.75 meters gradient from the bridge is 10.50 m. 462.84 meters on a RCC high flood level of Adyar river Parking facility for 3600 cars column of 0.87 meters as per the EC. Thus, the total has been established diameter on Adyar river.
height of the bridge is 9.75 m Further, height of the bridge is + 1.4 m = 11.15m. Car 10.50 meters only whereas parking for 3600 cars approved height of the bridge was 11.15 m.
In addition, Adyar River
wherein the bridge s been
established by M/s.AAI
appears to be falls within the
Coastal Regulation Zone
11
(CRZ). In view of this, CRZ
classification of this area and
status of the land may be
sought from the Competent
Authority. Thereafter,
appropriate view may be
taken by the MoEF & CC.
PP informed during the visit that Guindy National Park is falling within the aerial distance of 3.0 km from the boundary of the existing Chennai International Airport. It is observed during the visit that Adyar river flows from western side to eastern side on the northern side of the Airport. The airport consists of 4 terminals. The newly constructed domestic terminal (T1) and international terminal (T4). The old terminal (T2) is closed and not in use since the opening of the new terminals as informed. Part of the existing terminal (T3) is used for international gate seating and arrivals as informed. ;Al terminals are connected by the single forecourt road. Existing run way details and handling facility of the Airport as provided during the visit are given as below:
S.No. Description Existing facilities
1 Main runway
Orientation 07-25
Dimension 3658 x 45M
Suitable for N-747 type of aircraft
2 Secondary runway
Orientation 12-30
Dimension 2890m x45m
12
Suitable for B-747 type of aircraft
3 International terminal passengers (old) Handling capacity 2150 peak hour
4 Domestic terminal passengers (old) Handling capacity 2060 peak hour
5 New International terminal passengers Handling capacity 2300 peak hour
6 New domestic terminal passengers Handling capacity 3300 peak hour
7 Apron international no.A.321 11 nos. (9nos. B-747, 1 no.A-300)
8 Apron domestics A-300 23 nos. (21 nos. B-737/A-320, 2nos
9 Apron - 1 8 nos.A-321
10 Apron - II 24 nos. A-321
11 Apron - III 11 nos. (10 nos.B-747, 01 no.A-380)
12 Apron (old) 06 nos. (1 no, B-757, 01 no A-380)
13 Navigational Aids DVOR/DME, ASR, MSSSR, IL, ASMGCS
14 Visual aids PAPI, CAT-I Lighting (RWY 07 & 25)
It is inferred from above that
Consent to Establish for the expansion of Chennai International Airport has not been obtained from Tamil Nadu Pollution Control Board. Construction activities have been carried out by M/s. Airport Authority of India without obtaining CTE from TNPCB. M/s. AAI is continuing operation without obtaining valid consent to operate from TNPCB since 1.4.2016.
As per the Environmental Clearances accorded total built up area is 1,28,000 m 2 whereas M/s. Airport Authority of India established an built up area of 2,14,041 m2 (T178,341m2, T2: 30,177 m2, T3: 51,764 M2 and T4: 53,756 m2) without obtaining prior approval from MoEF & CC and necessary consents from TNPCB.
13M/s. AAI has deviated from the original dimensions of the bridge as approved by MoEF & CC by establishing as bridge with a span of 200 meters x 462.84 meters on a RCC column of 0.87 diameter on Adyar river. Further, eight of the bridge is 10.50 meters only whereas approved height of the bridge was 11.15m.
Adyar river wherein the bridge has been established by M/s.AAI appears to be falls within the Coastal Regulation one. In view of this RZ classification of this area and status of the land may be sought from the Competent Authority. Thereafter, appropriate view may be taken by the MoEF & CC.
The status of compliance on the stipulated conditions contained in the Environmental Clearance cited above is given in Part II & II as below:
This is approved by the Addl. PCCF (Central), RO-Chennai accorded vide diary no.1720 dt.28.11.2017.
Part II & III Descriptive report on status of compliance to the conditions of the Environmental Clearance and Environmental Management Subject: Expansion of Phase-I of the Chennai International Airport by airports Authority of India
- reg.
Ref: MoEF letter no.10-140/2007-IA dated 25.8.2008 Present status of the project:
The project cited above was monitored by the undersigned on14.11.2017 along with the representatives of the M/s.AAI. Facilities approved in the Environmental clearances cited above have been implemented by the PP and is under operation. However, as per the Environmental 14 Clearances accorded, total built up area is 1,28,000 m2 whereas M/s. Airport Authority of India established an built up area of 2,14,041 m2 (T1: 78,341 m2; T2: 30,177 m2; T3: 51,764 m2 and 53,756 m2) without obtaining prior approval from MoEF & CC and necessary consents (CTE & CTO) from TNPCB. Further, M/s. AAI has deviated from the original dimensions of the bridge as approved by MoEF & CC by establishing as bridge with a span of 200 meters x 462.84 meters on a RCC column of 0.87 meters diameter on Adyar river. Further, height of the bridge is 10.50 meters only whereas approved height of the bridge was 11.15 m.
A.Specific conditions:
S.No Conditions Compliance
i The Airports Authority of India Partly complied. Commitments made by PP in
shall implement all the measures their letter dated 12.8.2008 regarding land
and commitments that have been acquisition, disinfection of treated water, sewage provided by them in the treatment plant detail, disaster management plan, clarification letter dated noise modeling study and ambient air quality 12.8.2008 to the Ministry modeling have been complied except obtaining clearance from CRZ angle for the construction of bridge across Adyar river, water requirement an setting up of Effluent Treatment Plant ii All the issues raised in the public Not complied. It is observed from the environment hearing held on 11.6.2008 shall clearance granted that main issues raised during be strictly implemented the public hearing are land acquisition, flooding of Adyar river due to the proposed expansion, noise pollution, water recycling, rain water harvesting, solid waste management and connectivity in the 15 airport. However, pointwise implementation status to these issues has not been made available during the visit. Hence the compliance status could not be ascertained iii Only 131 crores of additional land Reportedly complied.: Land acquired prior to the shall be acquired for the project grant of environmental clearance has not been made available during the visit. PP informed during the visit that only 131 acres of additional land was handed over by State Government of Tamil Nadu for this expansion project. Further, informed that the Chennai Airport is spread over an area of 1326 acres and the land is under their possession. Details of the land breakup for 1326 acres shall be submitted to the Regional Office of the MoEF & CC at Chennai iv The project proponent shall Partly complied. There is no process effluent ensure that the entire generated from the Airport and there is no Effluent sewage/effluents generated from Treatment Pant set up. All the sewage/domestic the airport including the existing effluents generate from the airport including their terminal shall be treated and existing terminals are being treated in the Sewage discharged as per the norms laid Treatment Plant of 2 MLD capacity. Treated down by Tamil Nadu State sewage water is being reused for firefighting and Pollution Control Board. A horticulture purposes as informed. Treated water detailed plan with regard to the samples are being analyzed by TNPCB on treatment facilities, capacities of biannual basis as informed which is inadequate. 16 the Effluent Treatment Plant and But other than PCB, the treated and untreated Sewage Treatment Plant shall be effluent quality is not monitored either by approved submitted to the Ministry within lab (or) by them. As per the analysis report three months from the date of provided during the visit, it is noted that treated receipt of this letter. water is meeting the norms laid down by the MoEF & CC vide notification dated 13.10.2017 pertaining to STP. However, Fecal Coliform parameter in he treated STP water has not been analyzed s stipulated by the MoEF & CC. The quantity of sewage/domestic effluents treated in the STP has not been made available during the visit. Further, detailed plan with regard to the effluent treatment facilities has not been submitted to the Regional Office of the MoEF & CC within three months as stipulated in the condition.
v The noise level surrounding to Complied. Ambient noise level (day time and run way within 300 m periphery night time) is being monitored by a third party shall be 70 dB and at 636 m (MoEF & CC recognized laboratory) at 10 away shall be optimized to 50 dB. locations inter alia including runway within 300 meter and 636 meter on quarterly basis. Report provided during the visit indicates that the ambient noise levels are within the permissible limits. It is also observed from the report that noise levels at runway within 300 meter and 636 meter are 70 dBA and 50 dBA respectively.
17vi Appropriate acostic panels or Partly complied. Appropriate acoustic panels or other measures including other measures including installing diffuser in the installing diffuser in the main run main run way has not been provided to mitigate way shall be provided to mitigate the noise levels as stipulated. However, ambient the noise levels especially along noise level (day time and nigh time) is being the interface with surrounding monitored by a third party (MoEF& CC recognized habitations. The monitoring of laboratory) at 10 locations in and around the noise level in and around the airport on quarterly basis. In addition to this, two airport must be regularly continuous noise monitoring stations have been conduced and date furnished to installed by the PP at Cowl Bazaar (near 7 end of the authorities including State main run way) and HP petrol bunk adjacent to Pollution Control Board. Redisson Blu Hotel (near 25 end of main run way.
Report provided during the visit indicates that the ambient noise levels are within the permissible limits. Noise monitored data is being submitted to the Regional Office of the MoEF & CC and TNPCB o six monthly basis.
vii All recommendations listed in the Not complied. PP formed during the visit that Disaster Management Plan report recommendations listed in the Disaster shall be implemented. Management Plan have been implemented.
However, point wise implementation status to these recommendations has not been made available during he visit. Hence the compliance status could not be ascertained.
viii The terminal building shall be Reportedly complied. PP informed during the visit 18 designed taking into account the that terminal building has been reportedly National designed taking into account the National Building Building Code guidelines and Code guidelines and local heritage values local heritage values ix The project proponent shall Partly complied. Chennai Metropolitan Water provide a copy of the approval Supply and Sewerage Board vide letter letter from the local Municipal no.CMWSSB/ALJA/AAAI/2008 dt.23.8.2008 has Authorities for supplying the agreed to supply 3 MLD of water to the PP. drinking water. The usage water However, PP informed during the visit that they and municipal water may be are actually taking only 9,83,375 litres per day of furnished to this Ministry within water from CMWSSB. Data regarding usage water three months from the date of and municipal water has not been furnished to the receipt of this letter. Regional office of the MoEF & CC within three months as stipulated in this condition.
x No additional groundwater shall Not complied. Total water requirement as per the be tapped to meet the water EC accorded is 4500 KLD. Further, this water requirement of the project requirement has to be reduced to 1800 KLD by recycling the water from STP as per the EC accorded.
Owner, as per the Waster Audit Report provided during the visit, it is noted that actual fresh water consumption or the airport is 20,45,375 LPD. Out of 20,45,375 LPD, 9,83,375 LPD of water is being taken from CMWSSB and 10,62,000 LPD of water is being taken from various bore wells 19 located within the airport site. Further, it is noted from the Water Audit report that about 3,20,182 LPD of water is reported as uncountable losses.
It is inferred from above that actual fresh water requirement for the airport is 2045.375 KLD which is exceeding the water requirement of 1800 KLD as stipulated in the EC. Further, no information has been made available during the visit regarding the no. of bore wells exists within the airport site and approval obtained from Central Ground Water Authority for the water drawl from bore wells.
Besides, it is noted that there is a unaccountable loss of 3,20,182 litres of water per day in the airport. It is advised to identity and close out the water leakages at the earliest in order to reduce the fresh water consumption.
xi A detailed plan shall be worked Complied. PP informed during the visit that out for proper disposal of solid necessary arrangements have been made with waste generate in the airport and M/s.Corporation of Chennai through their implemented. The project contractor namely M/s. Shalini Enterprises for the proponent shall ensure that the collection and disposal of municipal solid waste solid waste generated from generated in the airport. All hazardous materials various sources within the airport generated in the airport are being sent to M/s. complex shall be disposed of as Tamil Nadu Waste Management Ltd., per norms laid down by the Gummunipoondi for destruction/disposal. For this 20 central and state agency. purpose TNPCB vide proceedings no.T14/AAI,HWM/TNPCB/2013 dt.5.7.2013 accorded NOC to M/s. AAI.
xii On site emergency plan including Complied. On site emergency plan including firefighting measures shall be firefighting measures are in place. Mock drill is fully in place periodically conduced by the Fire Department to meet any exigency.
xiii The project proponent shall install Complied. Separate storm water drains have been adequate measures to harvest made. Rain water is being collected into the four rainwater system to meet at least rain water harvesting pits (Capacity: 1,50,000 partial water requirement of the liters each) exists within the airport which helps to airport recharge the ground water. Water requirement of the airport is being met from CMWSSB and bore wells xiv The quarry material required for Reportedly complied. PP informed during the visit construction of the project shall that the materials required for construction were be brought from approved reportedly brought from approved quarries. quarries xv The funds earmarked for Partly complied. Fund provision as shown in environment protection measure s.no.9 of Part - I has been made. An amount of shall maintained in a separate 11.8 crores and 0.50 crores have been incurred account and there shall be no towards the capital cost and recurring cost per diversion of these funds for any annum for environment protection measures. It other purpose. A yearwise was informed that fund earmarked towards EMP expenditure on environmental re being maintained in a separate head and not 21 safeguards shall be reported to been diverted for any other purpose. However, this Ministry year wise expenditure on environmental safeguards has not been reported to the Regional Office of the MoEF & CC.
B. General conditions:
S.No Conditions Compliane 1 Construction of the proposed Not complied. Consent to Establish for the
structure should be undertaken expansion of Chennai Intrernationl Airport has not meticulously on forming to the been obtained from TNPCB. Construction existing Central/local rules. All activities have been carried out by M/s. AAI the construction without obtaining CTE from TNPCB. Further, M/s. designs/drawings relating to the AAI is continuing operation without obtaining valid proposed construction activities consent to operate from TNPCB, since1.4.2016. must have approvals of the As per the Environmental Clearances accorded, concerned State Government total built up area is 1,28,000 m2 whereas M/s. AI Departments/agencies. established a built up area of 2,14,041 m2 without obtaining prior approval from MoEF&C and necessary consents from TNPCB.
ii A well equipped laboratory with Partly complied. A well equipped laboratory with suitable instruments to monitor suitable instruments to monitor quality of air and quality of air and water shall be water shall be set up. However, environmental set up. The quality of ambient air monitoring (ambient air/noise/water) is being and water shall be monitored carried out by a third party (MoEF& CC 22 periodically in all season and the recognized laboratory) on quarterly basis. Monitor results should be properly environmental data is being submitted to the maintained for inspection of the Regional Office of the MoEF&CC ad TNPCB on concerned pollution control six monthly basis.
agencies. The periodic
monitoring reports at least once
in 6 months must be sent to this
Ministry (Regional Office at
Banglore) and State Pollution
Control Board.
iii Adequate provisions for Reportedly complied. It was informed that
infrastructure facilities such as adequate infrastructural facilities are provided to water supply, fuel for cooking, the labourers during the construction phase.
sanitation etc. must be provided
for the labourers during the
construction period to avoid
damage to the environment. It
should also be ensured that the
construction workers do not cut
trees including mangroves for
fuel wood purpose.
iv To prevent discharge of sewage Complied. All the sewage/domestic effluents
and other liquid wastes into the generate from the airport including their existing water bodies, adequate system terminal are being treated I the Sewage Treatment for collection and treatment of the Plant of 2 MLD capacity. Treated water is being 23 wastes must be provided. reused for firefighting and horticulture purpose as informed. There is no discharge of treated water into the waterbody as informed.
v The project authorities shall take Not complied. PP has ot carried out any appropriate community community development and welfare measures for development and welfare the villagers in the vicinity of the projects site even measures for the villagers in the after the decade of grant of environmental vicinity of the projects site, clearance, PP informed during the visit that they including drinking water facilities. are proposing to spend Rs.55 lakhs towards the A separate fund shall be CSR activities.
allocated for this purpose.
vi The quarrying material required Reportedly complied. PP informed during the visit or the construction purpose shall that the materials required for construction were be obtained only from the brought from approved quarries. approval quarries/borrow areas.
Adequate safeguard measures shall be taken to ensure that the overburden and rocks at the quarry site do not find their way into waterbodies.
vii For employing unskilled, Reportedly complied. PP informed during the visit semiskilled and skilled workers that preference was given to the local people in for the project, preference shall the employment during the construction phase. be given to local people viii The recommendations made in Not complied. Point wise implementation status to 24 the Environment Management these recommendations prescribed in the Plan and Disaster Management Environment Management Plan, Disaster Plan, as contained in the Management Plan and Risk Analysis report has Environment Impact Assessment not been made available during the visit. Hence and Risk Analysis Reports of the the compliance status could not be ascertained.
project shall be effectively
implemented.
ix Separate Environment Complied. Separate Environmental Management
Management Cell with suitably Cell with the following composition has been qualified staff to carry out various established as informed:
environment related functions i.General Manager-Civil shall be set up under the charge ii. Jt. General Manager - Civil of a Senior Executive who will iii.Asst General Manager - Civil report directly to the Chief AGM-Civil possess a qualification in Civil Executive of the company. Engineering. General Manager - Civil is reporting to the Executive Director of M/s.AAI as informed x The project affected people, if Refer below:
any shall be properly It was informed by PP that the land was handed compensated and rehabilitated. over by State Government of Tamil Nadu.
Further, informed that wherever compensation was required the State Government has paid as per the existing norms.
xi The funds earmarked for Partly complied. Fund provision as shown in environment protection measures s.no.9 of Part-I has been made. An amount of shall be maintained in a separate 11.8 Crores and 0.50 crores have been incurred 25 account and there shall be no towards the capital cost and recurring cost per diversion of these funds for any annum for environment protection measures. It other purpose. A yearwise was informed that fund earmarked towards EMP expenditure on environmental are being maintained in a separate head and not safeguards shall be reported to been diverted for any other purpose. However, this Ministry. yearwise expenditure on environmental safeguards has not been reported to the Regional Office of the MoEF&CC.
xii Full support shall be extended to Partly complied. Full support extended to the the officers of this Ministry's undersigned during the visit. However, point wise Regional Office at Bangalore land implementation status to these recommendations the officers of the Central and prescribed in the Environment Management Plan, State Pollution Control Boards by Disaster Management Plan and Risk Analysis the project proponents during report as well as commitment made during public their inspection of monitoring hearing has not been made available during the purposes by furnishing full details visit.
and action plans including the action taken report in respect of mitigative measures and other environmental protection activities.
xiii In case of deviation or alteration Not complied. M/s.AAI has deviated from the in the project including the original dimensions of the bridge as approved by implementing agency, a fresh MoEF&CC by establishing abridge with a span of reference shall be made to this 20 meters x 462.84 meters on a RCC column of 26 Ministry for modification on the 0.87 meters diameter on Adyar river. Further, clearance conditions or height of the bridge is 10.50 meters only whereas imposition of new ones for approved height of the bridge was 11.15 m. ensuring environmental As per the Environmental Clearances accorded, protection. The project total built up area is 1,28,000 m2 whereas M/s. AI proponents shall be responsible established a built up area of 2,14,041 m2 without or implementing the suggested obtaining prior approval from MoEF&C and safeguard measures. necessary consents from TNPCB. xiv The Ministry reserves the right to Agreed upon. It was submitted that this condition revoke this clearance, if any of is noted and assured to abide by this condition.
the conditions subsequently, if
deemed necessary, for
environmental protection, which
shall be complied with.
xv The Ministry or any other Agreed upon. It was submitted that this condition
competent authority may stipulate is noted and assured to abide by this condition.
any other additional conditions
subsequently, if deemed
necessary, or environmental
protection which shall be
complied with.
xvi The project proponent shall Complied. Advertisements regarding the accord of
advertise at least in two local environmental clearance were given in the local newspapers widely circulated in newspaper namely Hindu and Thanthi on the region around the project, 31.8.2008. The clause of seven days has been 27 one of which shall be in the followed. Copy of the paper advertisement has vernacular language of the been submitted to the Regional Office of the locality concerned informing that MoEF & CC on 5.9.2008.
the project has been accorded environmental clearance and copies of clearance letters are available with the State Pollution Control Committee and may also be seen at Website of the Ministry of Environment & Forests at http://www.envfomic.in. The advertisement should be made within 7 days from the date of the clearance letter and copy of the same should be forwarded to the Regional Office of this Ministry at Bangalore.
xvii The Project proponent shall Not complied. Date of financial closure and final inform the Regional Office at approval of the project by the concerned Bangalore as well as the Ministry authorities and the date of start of the project has the date of financial closure and not been informed to the Regional Office.
final approval of the project by
the concerned authorities and the
date of start of Land
28
Development Work.
xviii Any appeal against this Agreed upon. It was submitted that this condition
environmental clearance shall lie is noted and assured to abide by this condition.
with the National Environment
Appellate Authority, if preferred,
within a period of 30 days s
prescribed under Section 11 of
the National Environment
Appellate Act, 1997.
6 The above mentioned stipulations Not complied. CTO renewal obtained from TNPCB
will be enforced among others was expired on 31.3.2016. Thereafter, CTO under the Water (Prevention and renewal has not been obtained M/s. Airport Control of Pollution) Act, 1974, Authority of India is continuing operation without the Air (Prevention and Control of obtaining valid CTO from TNPCB since 1.4.2016.
Pollution) Act, 1981, the
Environment Protection) Act,
1986 the Hazardous Chemicals
(Manufacture, Storage and
Import) Rules, 1989.
Part II & III
Sub: Extension and Modification to Anna International Thermal at Chennai Airport - reg. Ref: MoEF & CC letter no.J-16011/20/99-IA-III dt.7.10.99 S.No Conditions Compliance 1 No ground water shall be tapped Not complied. As per the Water Audit report 29 for this project. Even the existing provided during the visit, it is noted that actual water requirements, which are fresh water consumption for the Airport is presently being met by drawl of 20,45,375 LPD. Out of 20,45,375 LPD, 9,83,375 ground water shall be subsequently LPD of water is being taken from CMWSSB AND et by the water to be supplied from 10,62,000 LPD of water is being taken from the Anandu Pallavaram Scheme. various bore wells located within the Airport site.
The proponent shall inform this It is inferred from above that ground water is Ministry within three months after being still tapped for the airport even after two consulting the Chennai decades of grant of environmental clearance. Metropolitan Water Supply and NO efforts have been taken to stop extraction of Sewerage Disposal Board, the date groundwater as stipulated in this condition. by which they will be able to stop extraction o ground water for use in the airport.
ii All the conditions stipulated by the Not complied. Conditions stipulated in the Tamil Nadu Pollution Control Board consent to establish accorded by TNPCB on vide their letter No.P2/TNPCBD/F 22.10.1999 inter alia including D.G.sets stack 2418/KPM/RL/W&A/99 dt.8.7.99 monitorig obtaining of CTO and setting up of shall be strictly implemented. environmental laboratory etc are not being complied with.
30iii A full fledged treatment plant to Partly complied. All the sewage/domestic treat the increased load of sewage effluents generated from the airport including generated from this facility to their existing terminal are being treated in the conform to the standards Sewage Treatment Plant of 2 MLD capacity. prescribed by Tamil Nadu Pollution Treated water is being reused for firefighting an Control Board shall be installed. horticulture purposes s informed. Treated water samples are being analyzed by TNPCB on Treated effluents shall be utilized biannual basis as informed. As per the analysis by the project proponents for report provided during the visit, it is noted that irrigation of their own land. treated water is meeting the norms laid down by the MoEF&CC vide notification dated 13.10.2017 pertaining to STP water has not been analysed as stipulated by the MoEF&CC. The quantity of sewage/domestic effluents treated in the STP has not been made available during the visit.
v Proper storm water drainage Complied. Separate storm water drains have arrangements shall be made so as been ;made. Rain water is being collected into to dispose of the rain water the four rain water harvesting pits (Capacity:
efficiently to Adyar river during 1,50,000 liters each) exists within the Airport monsoon period to avoid water which helps to recharge the ground water. PP logging in the surrounding areas. informed during the visit accumulated excess rain The storm water drain should water in the storm water drains during heavy collect all the accumulated rain rains if any re being disposed into the Adyar river water within the airport area and through drain No.D1, D2 and D3. 31
discharge downstream of the
existing drain through drain No.D1,
D2 and D3 indicated in the map
submitted vide letter dated: 2.9.99
vi Detailed air quality data for one Reportedly complied
season other than monsoon
season shall be provided to the
Ministry within six months from the
date of issue of this letter
vii Effective safeguard measures shall Complied. Ambient noise level (day time and
be taken to ensure that the noise night time) is being monitored by a third party levels within the terminal building (MoEF&CC recognized laboratory) at 10 do not exceed the prescribed locations in and around the airport on quarterly standards. basis. In addition to this, two continuous noise monitoring stations have been installed by the PP at Cowl Bazaar (near 7 end of main run way) and HP petrol bunk adjacent to Redisson Blu Hotel (near 25 end of main run way. Report provided during the visit indicates that the ambient noise levels are within the permissible limits. Noise monitored data is being submitted to the Regional Office of the MoEF & CC and TNPCB o six monthly basis.
viii Measures will be taken for Complied: Separate storm water drains have recharging of ground water strata been made. Rain water is being collected into 32 by using roof top drainage and rain the four rain water harvesting pits (Capacity:
water discharge from paved areas 1,50,000litres each) exists within the airport in consultation with the Ground which helps to recharge the ground water. Water Authorities.
ix The project shall not be Reportedly complied. Adequate electricity supply commissioned till adequate power was provide by Electricity department as supply is made available by the informed by the project authority during the visit. Tamil Nadu Electricity Board x It should be ensured that the trees Refer below: PP informed during the visit that no to be planted are of appropriate green belt is developed within the air side of the species. The fruit bearing trees airport due to bird hit hazard. Further, informed which would attract birds and those trees are planted in an area of about 5.75 acres which do not provide adequate in the city side of the airport by planting 10 types foliage should not be planted. of species. Plantation work is not satisfactory and the green belt development needs improvement.
xi The treated effluent quality and the Partly complied. Treated water samples are ambient air quality including noise being analyzed by TNPCB on bi annual basis. levels in the area shall be regularly Ambient Air Quality is monitored manually at five monitored on monthly basis and locations by a third party (MoEF&CC recognized the relevant records properly laboratory) on quarterly basis for the parameters maintained for inspection of the PM10, PM2.5, SO2, NOx, CO, Pb,O3, NH3, C6H6 concerned authorities. Benzo (a) pyrene.As and Ni, ambient noise level (day time and night time is being monitored by a third party. (MoEF&CC recognized laboratory) at 33 10 locations in and around the airport on quarterly basis. In addition to this, two continuous noise monitoring stations have been installed by the PP at Cowl Bazaar (near 7 end of main run way) and HP petrol bunk adjacent to Redisson Blu Hotel (near 25 end of main run way. Records of environmental monitoring are maintained which shows no adverse effects.
However, the treated effluent quality and ambient air quality are not being monitored on monthly basis as stipulated in this condition.
B. General conditions:
S.No Conditions Compliance
i All construction should be Partly complied. CE accorded by TNPCB vide
undertaken as per the plans proceedings No.R2/TNPCB/F-
approved by the concerned local 2418/KPM/RL/A/99 dt.22.10.1999 u/s.21 of the authorities/local administration Air Act, 1981 and proceedings No.R2/TNPCB/ conforming meticulously to the F-2418/KPM/RL/W/99 dt. 22.10.1999 u/s.25 of existing local land Central rules and the Water Act, 1974. However, conditions regulations stipulated in the CTE inter-alia including DG sets stack monitoring, obtaining of CTO and setting up of environmental laboratory etc are not being complied with.
ii No additional land shall be acquired Refer below.PP informed that the Chennai for this project Airport is spread over an area of 1326 acres 34 and the land is under their possession. Details of the land break up for 1326 acres shall be submitted to the Regional Office of the MoEF&CC at Chennai.
iii The borrow pits as well as scars left Refer below. Condition pertains to the as a result of removal of earth for construction phase. The earth required for the construction of this project shall be construction was obtained from an approved suitably rehabilitated private party and PP is not directly involved in the rehabilitation of the borrow pits.
iv For disposal of excavated material Refer below. Condition pertains to the and the road rubble including the construction phase. The excavated material bituminous material if any, suitable and the road rubble including the bituminous sites should be identified so that it material are taken away by the contractor as does not affect the landscape and informed during the visit.
the material is not disposed of down slope, thereby aggravating the problems of run off and soil erosion.
v It shall also be ensured as a result Rerer below: It is observed during the visit that of the proposed construction, the Adyar river flows from western side to eastern natural drainage system is not side on the northern side of airport. PP has affected adversely. constructed a bridge with a span of 200 meters x 462.84 meters on a RCC column of 0.87 m diameter on Adyar river. The natural drainage system is not obstructed due to the bridge construction.
35vi Adequate infrastructure facilities like Reportedly complied. Condition pertains to the water supply, power and firefighting construction phase. PP informed that arrangements must be provided adequate infrastructure facilities like water before completion of the buildings supply, power and firefighting arrangement for the Aerodrome complex were reportedly provided before completion of the buildings for the aerodrome complex.
vii Proper arrangements should be Complied. PP informed during the visit that made for collection of solid waste necessary arrangements have been made and garbage generated in the with M/s. Corporation of Chennai through their airport complex for its proper contractor namely M/s. Shalini Enterprise for treatment/incineration/management. the collection disposal of municipal solid waste generated in the airport. All hazardous materials generated in the airport are being sent to M/s. Tamil Nadu Waste Management Ltd, Gumudipoondi for destruction/disposal .
For this purpose TNPCB vide proceedings
T14/AAI/HWM/TNPCB/2013 dt.5.7.2013
accorded NOC to M/s. AAI.
viii Appropriate sanitary facilities and Complied. Appropriate sanitary arrangements satisfactory waste water/sewage re in place. All the sewage/domestic effluents treatment system should be generated from the airport including heir provided for the Airport Complex existing terminal are being treated in the Sewage Treatment Plant of 2 MLD capacity Treated water is being reused for firefighting and horticulture purposes as informed.
36ix Green belt of adequate width with Refer below. PP informed during the visit that suitably selected local species no green belt is developed within the air side should be developed taking into of the airport due to bird hit hazard. Further, account the regulations of Civil informed trees are planted in an area of about Aviation authorities. 5.75 acres in the city side of the airport by planting 10 types of species. Plantation work is not satisfactory and the green belt development needs improvement.
x A Disaster Management Plan with Partly complied. Disaster Management Plan respect to specific cases like (DMP) was prepared and submitted to the fire/explosion, oil spill, terrorist Ministry. It is noted that DMP does not cover attack, flood etc., should be the oil storage facilities exists within the prepared and submitted to this airport premises. It was informed that DMP for Ministry within six months the oil storage facilities are taken care by the concerned oil companies. However, it may be noted that the responsibility of M/s. AAI for managing the disasters on their premises is total. Hence, DMP shall be revised to include the hazards due to the oil storage facilities exist within the airport premises. Copy of the revised DMP has to be submitted to the Regional Office of the MoEF&CC at Chennai.
xi Adequate noise control measures Complied. Silencers were provided to the may be taken to avoid any adverse noise generating sources. Earplugs are impact of increased noise levels provided to the workmen and they are using 37 during operation of the Airport. the same. Ambient noise level (day time and night time) is being monitored by a third party (MoEF&CC recognized laboratory) at 10 locations in and around the airport on quarterly basis. In addition to this, two continuous noise monitoring stations have been installed by the PP at Cowl Bazaar (near 7 end of main run way) and HP petrol bunk adjacent to Redisson Blu Hotel (near 25 end of main run way.
Report provided during th visit indicates that the ambient noise levels are within the permissible limits.
xii Adequate financial provision must Complied. Fund provision as shown in s.no.9 be made in the project to implement of Part - I has been made. An amount of 11.8 the stipulated environmental crores and 0.50 crores have been incurred safeguards. The funds so allocated towards the capita cost and recurring cost per should not be diverted for any other annum for environment protection measures. purposes. It was informed that fund earmarked towards EMP are being maintained in a separate head and not been diverted for any other purpose. .
xiii A six monthly compliance report Not complied. Six monthly compliance reports regarding status of implementation (hard and soft copy) in respect of the of each of the conditions shall be conditions stipulated in the environmental submitted to this Ministry as well as clearance dt.7.10.1999 have not been to its regional office at Bangalore. submitted to the Regional Office of the 38 The Regional Office shall be MoEF&CC/Zonal Office of CPCB/SPCB and provided with one full set of also not been uploaded on the company's documents submitted to this Ministry website.
by the project authorities.
xiv The implementation of these Agreed upon. Partly complied. Full support conditions shall be monitored by the extended to the undersigned during the visit. Regional Office of this Ministry However, pointwise implementation status to located at Bangalore. Full support these recommendations prescribed in the shall be extended to the officials of Environment Management Plan, Disaster the regional office of this ministry as Management Plan and Risk Analysis report well as to the central/State Pollution has not been made available during the visit. Control Board during monitoring of the stipulated conditions.
Xv This Ministry or any other competent Agreed upon. It was submitted that this authority reserves the right o modify condition is noted and assured to abide by this alter or stipulate additional condition.
conditions, if felt necessary in the interest of environmental protection Xvi The Ministry also reserves the right Agreed upon. It was submitted that this to withdraw he environmental condition is noted and assured to abide by this clearance accorded to the project in condition case implementation of the conditions stipulated in the clearance letter are found to be not satisfactory.
39These stipulations shall be enforced Not complied. CTO renewal obtained from among other under the provisions of TNPCB was expired on 31.3.2016. the Water (Prevention and Control Thereafter, CTO renewal has not been of Pollution) Act, 1974, the Air obtained M/s. Airport Authority of India is (Prevention and Control of Pollution) continuing operation without obtaining valid Act, 1981, the Environment CTO from TNPCB, since 1.4.2016. Insurance (Protection) Act, 1986, the under the provisions of the PLI Act, 1991 has Environment Impact Assessment not been obtained.
Notification, 1994 the Public Liability Insurance Act, 1991 and the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 and the amendments made thereunder from time to time.
Comment and end note:-
Status of implementation of stipulated conditions:- It is inferred from above that following are the non compliances observed against the stipulated conditions of the aforesaid environment clearances:-
A.With respect to EC letter no.10-140/2007-IA-III dt.25.8.2008. Consent to establish for the expansion of Chennai International Airport has not been obtained from Tamil Nadu Pollution Control Board. Construction activities have been carried out by M/s AAI without obtaining CTE from TNPCB. (General Condition No.i) 40 M/s AII is continuing operation without obtaining valid consent to operate from TNPCB since 1.4.2016 (General Condition No.1 & para no.6) As per the Environmental Clearance accorded, total built up area is 1,28,000 m2 whereas M/s.
Airport Authority of India established an built up area of 2,14,041 m2 (T1: 78,34 m2, T2" 30.177 m2: T3: 51,764 m2 and T4: 53,756 m2 ) without obtaining prior approval from MoEF& CC and necessary consents from TNPCB (G.C.No.i & xiii) M/s.AAI has deviated from the original dimensions of the bridge as approved by MoEF& CC by establishing abridge with a span of 200 meters x 462.84 meters on RCC column of 0.87 meters diameter on Adyar river. Further, height of the bridge is 10.50 meters only whereas approved height of the bride was 11.15 m (G.C.No.xiii) Adyar river wherein the bridge as been established by M/s. AAI appears to be falls within the Coastal Regulation Zone. In view of this, CRZ classification of this area and status of the land may be sought from the Competent Authority. Thereafter, appropriate view may be taken by the MoEF&CC (S.C.no.i) Setting up of Effluent Treatment Plant for the treatment of water from wash basins, canteens, kitchens and restaurants etc. as envisaged in their commitment letter dt.12.8.2008 has not been implemented (S.C.no.i) Point wise implementation status to the issues raised during the public hearing held on 11.6.2008 has not been made available during the visit. Hence, the compliance status could not be ascertained (S.C.no.ii) Details of the land break up for 1326 acres shall be submitted to the Regional Office of the MoEF&CC at Chennai (S.C.no.iii) 41 Fecal Coliform parameter in the treated STP water has not been analyzed. The quantity of sewage/domestic effluents treated in the STP has not been made available during the visit. Further, detailed plan with regard to he effluent treatment facilities has not been submitted to the Regional Office of the MoEF& CC within three months as stipulated in this condition (S.C.no.iv) Appropriate acoustic panels or other measures including installing diffuser in the main run way has not been provided to mitigate the noise levels as stipulated in this condition (S.C.no.vi) Pointwise implementation status to the recommendations listed in the Disaster Management Plan has not been made available during the visit. Hence the compliance status could not be ascertained (S.C.no.vii) Data regarding usage water and municipal water has not been furnished to the Regional Office of the MoEF&CC within three months as stipulated in this condition (S.C.no.ix) Actual fresh water required for the airport is 2045.375 KLD which is exceeding the water requirement of 1800 KLD stipulated in the EC. Further, no information has been made available during the visit regarding the no. of bore wells exists within the airport site and approval obtained from central Ground Water Authority or the water drawl from the bore wells. Besides, it is noted that there is a unaccountable loss of 3,20,182 litres of water per day in the airport. It is advised to identify and close out the water leakages at the earliest in order to reduce the fresh water consumption of the airport (S.C.no. x & G..No.xiii) Yearwise expenditure on environmental safeguards has not been reported to the Regional Office of the MoEF&CC (S.C.no.xv & G.C.no.xi) M/s. AI has not carried out any community development and welfare measures or the villagers in the vicinity of the projects site even after the decade of grant of Environmental Clearance (G.C.no.v) 42 Point wise implementation status to these recommendations prescribed in the Environment Management Plan. Disaster Management Plan and Risk Analysis report has not been made available during the visit. Hence, the compliance status could not be ascertained. (G.C.no.viii) Date of financial closure and final approval of the project by the concerned authorities and the date of start of the project has not been informed to the Regional Office. (G.C.no.xvii) Six monthly compliance reports (hard and soft copy) in respect of the conditions stipulated in the environmental clearance dt.25.8.2008 have not been submitted to the Regional Office of the MoEF & CC/Zonal Office of CPCB/SPCB and also not been uploaded on the company's website. Further, the ambient air quality monitored data has not been displayed t a convenient location near the main gate of the airport.
B. With respect of EC letter no.-16011/20/99-IA-III, dt.7.10.1999 Ground water is being still tapped for the airport even after two decades of grant of environmental clearance. No efforts have been taken by M/s.AAI to stop extraction of groundwater as stipulated in this condition (S.C.no.i) Date of commencement and completion details with respect to the Environment Clearance dated 7.10.1999 has not been made available during the visit. Conditions stipulated in the consent to establish accorded by ATNPCB on 22.10.1999 are not being complied with. Further, there are 12 DG sets with a capacity 1500 KVA each exists in the airport. The stack emission levels from these DG sets e not being monitored. (SC.no.ii and G.no.i) Plantation work carried out in the city side of the airport is not satisfactory and the need further improvement (S.C.no.x and G.C.no.vi) Treated effluent quality and ambient air quality are not being monitored on monthly basis as stipulated in this condition (S.C.no.xi) 43 Disaster Management Plan does not cover the oil storage facilities exist within the airport premises. DMP shall be revised to include the hazards due to the oil storage facilities exist within the airport premises. Copy of the revised DMP shall be submitted to the Regional Office of the MoEF&CC sat Chennai (G.C.no.x) Six monthly compliance reports in respect of the conditions stipulated in the environmental clearance dt.7.10.1999 have not been submitted to the Regional Office of the MoEF&C/Zonal Office of CPCBSPCB and also not been uploaded on the company's website. Further, the ambient air quality monitored data has not been displayed at a convenient location near the main gate of the airport (G.C.no.xiii) CTO renewal obtained from TNPCB was expired on 31.3.2016. Thereafter, CTO renewal has not been obtained .M/s.AAI is continuing operation without obtaining valid CTO from TNPCB, SINCE 1.4.2016. Insurance under the provisions of the PLI Act, 1991 has not been obtained. Housekeeping. Housekeeping in the premises is satisfactory With regard to issuance of show use/closure notices/directions: It was informed by the PP that there was no issuance of Show Cause/Directions/closure notices I the last two years by the TNPCB."
Even on going through the compliance report filed by MoEF & CC it shows that they are only reiterating what they have stated in the earlier statement. It is not mentioned as to whether any further inspection has been conducted on the basis of the objections raised in the rejoinder filed by the petitioner, as directed by this Tribunal.
5. So under such circumstances, in order to ascertain the nature of violation and its impact on environment, we feel it appropriate to appoint a joint committee comprising of (1) a Senior Officer of MoEF & CC, Regional Office, Chennai (2) Executive Engineer, PWD (3) District 44 Collector, Kancheepuram and (4) Tamil Nadu Pollution Control Board to inspect the area in question and enumerate the violations and its impact and whether the violations can be remedied by providing precautionary measures and if not, what are the things to be done and any further action to be taken by the MoEF on this aspect. The committee may also look at the nature of action taken for the violations found and also assess the environment damage caused on account of the violations caused and suggest remedial measures for environment damage that has occurred affecting the safety of the people. The committee will submit a detailed and factual and action taken report to this Tribunal within a period of three months through e-mail at [email protected]. The Regional Office of MoEF & CC will be nodal agency for coordination and providing necessary logistic support for this purpose. The Airports Authority of India and the petitioner can cooperate with the inspection and other aspects. The committee shall also give notice to the petitioner so that he can also be present and the committee shall consider his suggestions and objections also, while preparing the report. The petitioner shall ensure that there is no law and order problem arises and he should cooperate with the committee in making inspection and other aspects. No publicity need be given during inspection. For consideration of report post on 26.5.2020.
.........................................J.M. (Justice K. Ramakrishnan) .........................................E.M. (Shri. Saibal Dasgupta) O.A.157/2016 20.2.2020 kkr