National Green Tribunal
National Green Tribunal Southern Zone vs The Secretary To Govt. Of Tamilnadu ... on 22 August, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No:01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 145 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU
Based on the News item in Dinamalar Newspaper,
Chennai Edition dated 05.08.2020," Retteri Lake become a
Sewage water pond-Will Jayalalitha‟s dream project be fulfilled?"
And
The Principal Secretary to Government,
Public Works Department,
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009. Respondent(s)
Date of Judgment: 22.08.2022
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): By Court
For Respondent(s): Dr. D. Shanmuganathan for R1 to R4 & R6,
Mr. S. Sai Sathya Jith for R5
Mr. Ragul Adhithya represented
Mrs. P.T. Rama Devi for R7
Mr. Gautam S. Raman for R8
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment. Pending interlocutory application, if any, shall stands disposed of.
Justice K. Ramakrishnan, J.M.
Dr. Satyagopal Korlapati, E.M.
O.A. No. 145/2020(SZ)
22.08.2022. Sr.
1
Item No:01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 145 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU
Based on the News item in Dinamalar Newspaper,
Chennai Edition dated 05.08.2020," Retteri Lake become a Sewage water pond-Will Jayalalitha‟s dream project be fulfilled?"
And
1. The Principal Secretary to Government, Public Works Department, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
2. The Additional Chief Secretary to Govt. of Tamil Nadu, Revenue and Disaster Management Department, Govt. Secretariat, Fort George Chennai, Tamil Nadu 600 009.
3. The Secretary to Govt. of Tamil Nadu, Department of Environment, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
4. Additional Chief Secretary to Govt. of Tamil Nadu, Municipal Administration and Water Supply Department, Govt. Secretariat, Fort. George Chennai, Tamil Nadu - 600 009.
5. The Chairman, Tamil Nadu Pollution Control Board, No. 76, Anna Salai, Guindy, Chennai, Tamil Nadu 600 032.
6. The District Collector, Chennai District, District Collector Office, No. 62, Rajaji Sali, 4th Floor, Chennai 600 001.2
7. Greater Chennai Corporation, Rep. by its Commissioner, Ripon Building, Chennai 600 003.
8. Chennai Metropolitan Water Supply and Sewerage Board, Rep. by its Director, No. 1, Pumping Station Road, Chintadripet, Chennai - 600 031.
( R8 Suo-Motu impleaded as per the order of the Tribunal dated 07.07.2021) ...Respondent(s) For Applicant(s): By Court For Respondent(s): Dr. D. Shanmuganathan for R1 to R4 & R6, Mr. S. Sai Sathya Jith for R5 Mr. Ragul Adhithya represented Mrs. P.T. Rama Devi for R7 Mr. Gautam S. Raman for R8 Judgment Reserved on: 25th July 2022.
Judgment Pronounced on: 22nd August 2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet - Yes.
Whether the Judgment is to be published in the All India NGT Reporter - Yes.
JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member
1. The above Suo-Motu case was registered by this Tribunal on the basis of the newspaper report published in „Dinamalar‟ Chennai City Supplement Edition dated, 05.08.2020 under the caption "(fopTePu; Fl;ilahdJ nul;Nlup n[.> fdT jpl;lk; epiwNtWkh?)" (Retteri Lake becomes a sewage water pond -
Will Jayalalitha's project be fulfilled"?)
2. It was alleged in the newspaper report that Madhavaram Retteri Lake was originally having an extent of 700 acres and during, 2015, there was a scheme 3 launched by the then, Chief Minister Miss. (late) J. Jayalalitha for rejuvenating the lake. They wanted to convert this as a tourist spot with multiple infrastructures including Boating Club, Birds Sanctuary etc.,
3. One side of the Retteri Lake had been strengthened by pedestrian way with a width of 10 feet for a stretch of 3 km with 10 ft length. On the other side of the lake, there lies only a bund of damaged dunes from New Lakshmipuram junction up to Puzhal M.G.R. Nagar for a stretch of 3 km. Large extent of area had been encroached by houses, shops and commercial complex. Sewage water from these buildings were directly released into the lake without treating the same, there by the lake had been polluted and fishes in the lake were found floating in the lake.
4. Due to non-maintenance of the lake, the storing capacity of the lake had been reduced. Further, it was being used for dumping garbage as well. Though this was brought to the notice of the Government authorities, no steps had been taken by them is the grievance raised in the newspaper report.
5. Ongoing through the allegations made in the newspaper report, since this Tribunal was satisfied that there arose a substantial question of environment which required the interference of this Tribunal, this Tribunal admitted the matter as per order dated 10.08.2020 and appointed a Joint Committee comprising of 1) the District Collector, Chennai District, or a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate deputed by the District Collector, 2) Superintending Engineer of Public Works Department and Water Resources Organisation, who is in charge of that area, 3) the Commissioner or a Senior Officer from Greater Chennai Corporation designated by the Commissioner and 4) a Senior Officer from Tamil Nadu State Pollution Control Board deputed by its Chairman to inspect the area in question and submit a factual as well as action taken report if there is any violation found.
6. The committee was directed to ascertain as to:-
i. Whether there was any scheme launched by the State Government or by the District administration for the protection of the water body and if so, what is the stage of its implementation, ii. Whether there was any unauthorised discharge of untreated sewage into the lake and if so, trace out the persons who were responsible for 4 the same and take appropriate action including imposition of environmental compensation, against such persons. iii. To suggest an action plan with short term and long term measures with shorter time lines to restore the water body including establishment bio-diversity park/tree-planting around the lake, apart from strengthening the lake by providing compound wall or other fences to avoid future encroachments as well.
iv. To take the water samples from the lake for analysis to ascertain as to whether it confirms to the standard for drinking water including Bio Chemical Oxygen Demand (BOD) and Chemical Oxygen Demand (COD), Total Coli Form and Faecal Coli Form and other prohibited metals. If there was any contamination found, then they were also directed to suggest the ways and means to rectify the same.
v. To ascertain the total extent covered by the lake as per original revenue records and the extent of encroachment, action taken to remove the same and restore it and the action taken to protect the same apart from future encroachment.
vi. To issue necessary interim directions which they feel necessary for immediate maintenance of the water body to the concerned department who were bound to carry out the same as monsoon was fast approaching and intermittent rains are also coming nowadays, then so as to strengthen the storing capacity of the lake.
7. The Tamil Nadu State Pollution Control Board was at liberty to conduct independent inspection as provided Under the Water (Prevention and Control of Pollution) Act, 1974 and also under the Solid Waste Management Rules, 2016 to ascertain the water quality and implementation of Solid Waste Management Rules, 2016 in that area and if there was any violation and non- compliance of the directions given by the Principal Bench of National Green Tribunal inOriginal Application No 606 of 2018 then what were the steps taken by them, on the basis of the directions given by the Principal Bench against the erring local bodies apart from assisting the committee to incorporate those things in the report.
8. The Public Works Department was designated as the nodal agency for co-
ordination and for providing all necessary logistics for this purpose.
59. The matter was adjourned to enable the committee to file the report and the official respondents to file their independent reports.
10. The matter was taken up on 11.01.2021 and on that day, this Tribunal had considered another newspaper report published in „Dinamalar dated 07.12.2020 under the caption "Mfhajhkiuahy; ePh;epiyfs; ghjpg;G" and also another newspaper report published in „Times of India‟ dated 01.01.2021 under the caption "Encroachments raw sewage damage Retteri Lake". They have reiterated the same allegations made in the earlier newspaper reports based on which the Suo-Motu case was registered including encroachment and discharge of untreated sewage into the water body and this Tribunal directed the authorities to file the report. This Tribunal also recorded the statements made by the standing counsel appearing for State of Tamil Nadu that an amount of Rs. 12 Crores had been sanctioned by the Government to rejuvenate this water body and if some time was granted, they may be able to come with the detailed report regarding the action that had been taken by the departments to remove the encroachments and also to prevent the sewage from entering into the water body and protect the water body free from encroachment and pollution.
11. This Tribunal also expressed its displeasure on the part of the regulators in not filing the action taken reports and failure on their part in protecting environment as mandated under Article 48(A) of the Constitution of India and then granted time to file the respective reports.
12. The matter was again taken up on 07.07.2021 and on that day, this Tribunal considered the report submitted by the Joint Committee dated nil, e-filed on 11.01.2021 and extracted in Para (4) of the order which reads as follows:-
"Inspection Report of the Joint Committee (As per Hon'ble National Green Tribunal, Southern Zone, Chennai Order dated 10.08.2020 in OA no. 145/2020) Based on the receipt of the order, the joint committee has conducted an inspection on 13.10.2020 in the area of Madhavaram Lake in question and submitted the report as follows. The Madhavaram lake is situated in S.F.No:647 & 1420 of Madhavaram village in Madhavaram taluk of Thiruvallur District. Madhavaram lake has two surplus weir and a free catchment area of 1.06 Sq.km as per memoir. As per memoir, the water spread area is 141.93.0 Ha and maximum discharge is 5000 Cusecs and the capacity of the tank is 31.78 mcft.
Officers Present:
1. V.Ravi, Revenue Divisional Officer, North Chennai Division, Tondaiarpet, Chennai -81.
2. Tr.H.Murugan, Zonal Officer, 6 Madhavaram Zone, Greater Chennai Corporation, Chennai.
3. Er.C.Podupanithilagam, M.E., Executive Engineer, W.R.D., P.W.D., Kosasthalayar Basin Division, Thiruvallur.
4. Er.Tmt. Indra, District Environmental Engineer, Tamil Nadu Pollution Control Board, Ambattur.
5. Er.Tr.K.Karthikeyan, Executive Engineer, GCC, Madhavaram Zone.
The following observations were made by the committee during the site visit:
The surplus water from the weir of the Madhavaram lake leads to Thanikachalam Nagar drain and then leads to Bay of bengal. Also the lake has a bund length of 3030m around the lake. It is located near the tail end of the Kosasthalaiyar River and and also is located at the end of Kosasthalaiyar Basin.
In the year 2019, due to acute shortage of drinking water the CMWSSB drew water from Madhavaram Tank from 05.06.2019 to 10.10.2019 for drinking purpose at the rate of ten million litres per day.
The Public Works Department prepared the estimate to an amount of
12.90 Crores with the following provisions:
• Deepening of tank bed and forming artificial inland island • Strengthening the Foreshore Bünd in MadhavaramTank • Providing Compound wall Arrangements for Foreshore Bund in Madhavaram Tank Providing fencing Arrangements for Bund portion in Madhavaram Tank to prevent water contamination Provision for Providing fencing Arrangements on both sides of GNT Road • Providing Toe wall and Revetment, Kerb wall and Foot path Arrangements for Bund portion in GNT Road both sides The above work has been announced by the Hon'ble Chief Minister of Tamil Nadu and the work will be commenced after getting the Administrative sanction from the Government.
The committee observed that no irrigation activities are being carried out due to urbanization. The Committee observed that sewage/sullage water are being let into the Madhavaram lake through storm water drain in Vinayagapuram drain and Korattur surplus channel in the Kolathur Redhills main road. The Zonal officer, GCC, Madhavaram assured to take action against the persons those who are illegally letting the sewage/sullage water into the storm water drain and plug the same within a short period. The committee observed that the land adjacent to Kolathur Redhills main road and nearer to the right flank weir of Madhavaram tank is being used for temporary solid waste dumping yard. The Zonal officer, GCC, Madhavaram assured to clear all the solid waste and alternate arrangements will be made in a short while. The Public Works Department stated that nearly 5 houses were evicted in the year 2015 in the western side of the lake i.e., in northern part of lake. Further, nearly 178 encroachments were identified and necessary Form III notice has been issued to the encroachers. After the resettlement procedure is over the encroachments will be evicted by the Public Works Department.
The District Environmental Engineer, Tamil Nadu Pollution Control Board, collected the water sample to ascertain the water quality of the lake to find out as to whether it confirms to standard provided which must include the quantity of E-coli, Total coliform (TC) and Fecal coliform. The Committee instructed the Corporation to check if any other sewage inlets or trade effluents are being let into the lake. The committee instructed the Revenue Department to list out the encroachment details in the foreshore area of lake. The encroachments in the form of thatched roofs, tiled roofs, and shed in the foreshore of the lake in MGR Nagar, Anna nagar, Nehru nagar and Lakshmi puram area in Madhavaram Village. The Committee instructed the Revenue Department to take necessary steps to issue the form I & II notices to the encroachments. The Tahsildhar, Madhavaram is hereby instructed to survey the field and demarcate the boundaries of the lake and ensure the above encroachments as on now.
Based on the inspection by the Committee, following actions are suggested to take in short term and long term and requested the concerned departments to submit the action taken report to the nodal agency i.e., Public works Department.
SHORT TERM PLAN
S. Description of Work Department Time
No. Schedule
1. Plugging the illegal sewage inlets in Zonal Officer, GCC 3 Months Madhavaram Lake through storm and Executive water drain in Vinayagapuram drain Engineer CMWSSB, and Korattur surplus channel in the Madhavaram 7 Kolathur Redhills main raod.
2. Shifting of temporary solid waste Zonal Officer, GCC, 1 week dumping yard nearer to the right flank Madhavaram water weir of Madhavaram tank
3. Surveying of lake area and demarcating Thasildar, 1 month the boundary and assessment of Madhavaram encroachments LONG TERM ACTION PLAN
1. Construction of underground sewage CMWSSB, Chennai. 2 years system for the residents residing adjacent to Korattur surplus channel.
2. Eviction of encroachments in the Executive Engineer, 6 Ambattur Lake PWD/WRD, Thiruvallur Months
3. Restoration of lake by providing Executive Engineer, 1 Year protection arrangements in the PWD/WRD, Thiruvallur foreshore area.
13. This Tribunal also considered the report submitted by the Greater Chennai Corporation dated 10.06.2021, e-filed on 06.07.2021 and extracted in Para (6) of the order which reads as follows:-
I submit that pursuant to the orders of this Hon'ble Tribunal the Joint Committee headed by the Public Works Department has conducted an inspection of the Madhavaram Lake on 13.10.2020. I further submit that after conducting the joint inspection the Committee has filed a report which may be read as part and parcel of this report.
5. I submit that the committee has recommended the Greater Chennai Corporation and the CMWSSB to plug the illegal sewage inlets in Madhavaram lake through the Strom Water Drain in Vinayagapuram Drain and Korattur Surplus channel in the Kolathur Redhills Main Road. Further, submit that directed the Greater Chennai Corporation to shift the temporary solid waste dumping yard nearer to the right flank weir of Madhavaram tank I submit that as per the recommendation of the Joint Committee the Greater Chennai Corporation has taken step by plugging the illegal sewage inlets in the Madhavaram Lake through the Storm Water Drain maintained by the Greater Chennai Corporation. Further, the CMWSSB has to take action to plug the illegal inlets in the Vinayagapuram Drain and Korattur surplus channel in the Kolathur Redhills Main Road.
I further submit that as per the recommendation of the joint committee, the Greater Chennai Corporation has shifted the temporary solid waste dumping yard nearer to the right flank weir of Madhavaram tank."
14. Thereafter, this Tribunal had passed the following order:-
"7. In the report they have mentioned that the Greater Chennai Corporation has shifted the temporary solid waste dumping yard nearer to the right flank weir of Madhavaram tank and they have taken steps for plugging the illegal sewage inlets in the Madhavaram Lake through the Strom Water Drain maintained by the Greater Chennai Corporation.
8. The Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) has to take action to plug the illegal inlets in the Vinayagapuram Drain and Korattur surplus channel in the Kolathur Redhills Main Road.
9. The Pollution Control Board and other official respondents have not filed their independent reports regarding the action taken by them on the basis of the inspection report submitted by the Joint Committee.
10. As regards removal of encroachments are concerned, detailed report has not been filed and protective measures to be taken to prevent further encroachment etc. Though there was direction given by the Joint Committee to the Pollution Control Board to take samples of water from the lake for analysis, they also did not file any independent report regarding the same to this Tribunal.
11. The committee has not filed the further report regarding the progress of the work as recommended by them and also the issues mentioned in the newspaper report reiterated in the order dated 11.01.2021 as well.
12. The Pollution Control Board as well as the committee have to consider the question as to whether even if the dump yard shed has been shifted to a new place suggested by them, whether it will have any impact on the lake, if it is not 8 properly maintained by the corporation and consider the question as to whether that can be allowed to continue there, if so, what are the necessary precautions to be taken by them to avoid possible pollution (if any) likely to be caused on account of the maintaining such dump yard in that place, as this Tribunal is receiving the complaints regarding the non-maintenance of dump yards and not doing proper disposal of waste in dump yards and several such cases are pending before this Tribunal in this regard.
13. They have also not mentioned as to what is the nature of work carried by the Corporation in the dumping shed and whether that is having all necessary permission/authorization from the Pollution Control Board (if any) required under the environmental laws.
14. The PWD as well as the CMWSSB also did not file any independent statement regarding the implementation of the recommendations made by the Joint Committee. Since there are certain directions given to CMWSSB also to carry out, we feel that they will have to be impleaded Suo Motu as additional 8 th respondent as necessary party. So, the CMWSSB is Suo Motu impleaded as additional 8th respondent in the proceedings and the office is directed to carry out the amendment in the cause title.
15. The Registry is directed to issue notice to the additional 8th respondent by Registered Post with Acknowledgment Due and also by e-mail along with copy of the newspaper report mentioned above, gist of the Suo Motu proceedings with full amended cause title and also the previous orders passed by this Tribunal and the inspection report submitted by the Joint Committee so as to enable them to comply with the direction in this regard.
16. The CMWSSB is also directed to submit a detailed report regarding the rejuvenation of lake undertaken by them for the purpose of utilizing the same for drinking purpose and if so, what is stage of implementation of the project, as regards the improvement of water quality in this lake is concerned. The CMWSSB is also directed to file a detailed statement regarding the mechanism that has been adopted by them for dealing with the sewage that has been generated within their jurisdiction.
17. The Pollution Control Board is directed to file an independent report regarding the implementation of the Solid Waste Management Rules, 2016 and violation (if any) committed by the local body and other institutions and if so, what is the action taken by them in this regard and whether the action meets the directions issued by the Principal Bench of National Green Tribunal in O.A. No.606 of 2018. They are also directed to ascertain the water quality in the lake so as to ascertain as to whether there was any improvement in the water quality after steps taken by the Greater Chennai Corporation of plugging the illegal outlets in the storm water drains.
18. The committee is also directed to inspect the area in question again and evaluate the present situation and file a detailed report regarding the present status and also the status of the implementation of the recommendations made by them to be carried out by different departments including removal of encroachment indentified by them. They are also directed to offer further recommendations (if any) to be carried out for restoring the water body to its original position.
19. The committee as well as the Greater Chennai Corporation, Pollution Control Board, CMWSSB, PWD, District Collector are directed to submit their respective reports independently on or before 17.08.2021 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.
20. The Registry is directed communicate this order to the committee as well as the Greater Chennai Corporation, Pollution Control Board, CMWSSB, PWD, District Collector including Additional Chief Secretary, Municipal Administration and Water Supply by e-mail immediately for their information and also for taking necessary action to implement the recommendations made by the Joint Committee by providing necessary logistics as well as financial support (if any) required for that purpose giving priority for protecting environment as their mandate as provided under Article 48 A of the Constitution of India."
21. This Tribunal Suo-Motu impeaded as Chennai Metro water Supply and Sewerage Board as additional 8th respondent and directed them to file an independent report.
22. The matter was taken up again on 09.11.2021 and on that day this Tribunal had considered the report submitted by the Executive Engineer, Public Works 9 Department, Kosasthalaiyar Basin Division, WRD, Thiruvallur dated 12.09.2021, e-filed on 16.09.2021 and extracted in Para (3) of the order which reads as follows:-
It is submitted that the short term and long term action plans are submitted before this court It is submitted that, the Public Works Department has given the action plan to evict the encroachments and restore the lake by providing protection arrangements in the fore shore areas. In this regard, the Encroachments has to be surveyed in the land classification of Eri, Eri ulvoy, tank bund, and all the Poramboke lands pertaining to PWD and Form-I & II notice has to be issued by the Concerned Thasildar. After enumeration using Bio-Matric system is done, Form -III notice has to be issued to the encroachers by the Water Resources Department by giving 21 days time to the encroachers to vacate the land. The Alternate site for encroachers has to be allotted through slum clearance board by the District Collector. The Encroachment has to be evicted after abiding the above said procedures. The Form I and II notices are not yet received from the Revenue Department. After getting 10 the details of encroachments the Water Resources Department will act accordingly. It is also submitted that, the restoration of lake has to be done after all the line department action plan has been executed. The hyacinths and other floating materials in the Korattur surplus course and in Vinayagapuram drain will be removed before the onset of monsoon under the pre-monsoon work granted by the Government.
23. This Tribunal also considered the report submitted by the Chennai Metropolitan Water Supply and Sewerage Board dated 13.09.2021, e-filed on 23.09.2021 and extracted in Para (4) of the order which reads as follows:-
"INDEPENDENT REPORT FILED ON BEHALF OF CMWSS BOARD 1XXX 2XXX 3XXX The above, case has been SUO MOTU vide OA no 145 OF 2020 registered by NGT Under section 18 of National Green Tribunal Act, 2010 on the basis of the newspaper report published in Dinamalar, Chennai city supplement edition dated 05/08/2020 under the caption "fopTePu; Fl;ilahdJ nul;Nlup n[. fdT jpl;lk; epiwNtWkh?" (Retteri Lake becomes a sewage water pond - Will Jayalalitha's project be fulfilled"?) on 10.8.2020. 5. It is stated that with regard to the above case, CMWSSB has been directed to initiate the following actions:
(i) Plugging the illegal sewage inlets in Madhavaram Lake through storm water drain in Vinayagapuram drain and Korattur surplus channel in the Kolathur Redhills main road.
(ii) Construction of underground sewage system for the residents residing adjacent to Korattur surplus channel.
(iii) A detailed report regarding the rejuvenation of lake under taken by them for the purpose of utilizing the same for drinking purpose, Also it in directed to file a statement regarding the mechanizing that has been adopted for dealing with the sewage that has been generated within their jurisdictions.
In this regard the site has been inspected by the CMWSSB officials and following observations are made :
In Area-III, Madhavaram, the Vinayagapuram Drain and Kolathur Surplus channel originated at water canal road and passing through Kadappa road, Surapet main road and crossing NH48 and converted as a storm water drain for a length of 850m, and continued up to Retteri lake.
The work of providing sewerage facilities to Surapet, Puthagaram and Kathirvedu was taken up and completed by the CMWSSB during the year 2018. The corporation division nos 24 and 25 are covered in the above scheme. The divisons 24 and 25 having 780 nos of streets. The sewer collection system is available in 544 nos of streets and 11241 no of premises are available in both the divisions. The sewer connections have been given for 6718 nos and effecting the balance house service sewer connections are under progress. 136 nos of leftout streets are identified in the Surapet, Puthagaram and Kathirvedu Sewerage Scheme and the preparation of detailed project report to provide sewer system for the left out streets is under progress. The residential areas covered adjacent to the canal are detailed below (Part of Div 24 and Div 25):11
The above locations adjacent to the alignment of canal having under ground Sewerage system and House sewer connections had been already effected. There is no sewer left out streets in the above locations covered adjacent to the canal. Hence there is no possibility of letting out of sewage in the canal.
Further the sewage generated from the residents at Puthagarm , Madahanakuppam, Padmavathy Nagar and Kathirvedu are being collected into the 6 pumping stations existing in division 24 & 25 and average sewage pumped quantity are as detailed below.
The sewage received from the above 5 LT ( S.No 1 to 5) Sewage pumping stations of 13.50 mld being pumped to the 1 No LT Kadappa Road Terminal Sewage pumping station (SI. NO.6) and the same has been pumped to Kodungaiyur STP for final treatment and disposal.
I Humbly stated that there is no sewage overflow on road side and there is no illegal inlets and letting out sewage by residential buildings into the storm water drain located at the boundaries of the Vinayagapuram drain and korathur surplus channel in the kolathur redhills main Road (The current images are enclosed herewith), The arial view of map is also enclosed.
24. Thereafter, this Tribunal had passed the following order:-
"5.It is seen from the report submitted by the Executive Engineer, Public Works Department, Kosasthalaiyar Basin Division, WRD, Thiruvallur that there are certain encroachments which will have to be removed and certain steps have been taken by them.
Though the report was dated 12.09.2021, we do not know the present status of the action taken.
6. It is also mentioned in the report that hyacinth and other floating materials in Koratur surplus course and in Vinayagapuram drain will be removed before on set of monsoon under the pre-monsoon work granted by the Government. It is not known whether this work has been completed or not. Since North East monsoon has already set in and heavy rains are pouring nowadays, we do not know the present status and inundation in this area and what are all the steps taken by the authorities to resolve the problem and whether any steps taken earlier on the basis of the directions given by this Tribunal had resulted in improvement in avoiding flood in this area and if not what is the nature of further steps that they are going to design and execute to avoid future inundation in those areas.
7. In most of the cases, the grievance is regarding encroachment into the water bodies or in the course of water path without leaving the buffer zone and flood plain level, but it is not known as to what is the nature of action that 12 authorities have proposed to prevent such encroachment as Precautionary Principle to avoid flood in future. Unless holistic steps are taken resolving all those issues in a permanent manner and provide a proper solution for this, any number of temporary steps taken by the Government or its department is not going to give the full result or expected result to avoid flood in future. Taking into consideration of all these aspects, the higher level officials namely, the Additional Chief Secretary for Water Resources Department and Principal Secretary for Revenue and Disaster Management are directed to file a detailed action plan to be evolved by them to minimize the impact of flood and inundation in those areas to save the lives of the people who are normally put to such hardship every year and what is the nature of steps taken for removal of encroachments in the inlets which lead to the water bodies and their outlets and also encroachments into the storm water drain to ensure efficient discharge of storm water or measures initiated to collect excess rain water in a scientific manner and then discharge the same using safer methods.
8. They are directed to file the respective reports to this Tribunal on or before 23.12.2021 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.
9. The Registry is directed to communicate this order to the Chief Secretary, State of Tamil Nadu, Additional Chief Secretary for Water Resources Department, Principal Secretary for Disaster Management, Principal Secretary for Revenue and Water Resource Department and other official respondents by e-mail immediately for their information and compliance of the directions.
25. The matter was again adjourned from time to time for getting the reports by successive notifications.
26. As per order dated 29.04.2022, this Tribunal had directed the authorities to file reports regarding the steps taken by the Government on the basis of the recommendations of the Steering Committee appointed as per G.O.(Ms) No. 64 dated 08.02.2022. It is on that basis the further report was filed by Revenue and Disaster Management Department regarding the formation of various committees to look into the issues regarding removal of encroachment and rejuvenation of the water bodies. They have also filed report in the form of Interim report dated 20.05.2022, e-filed on 24.05.2022 which reads as follows:-
1XXXX 2XXXX 3XXXX 13 14 15
27. The first respondent filed a further status report signed by the officer on 28.04.2022, e-filed on 29.04.2022 which reads as follows:-
1 XXXX 2XXXX 16
28. On 12.07.2022, this Tribunal had directed the Chennai Metropolitan Water Supply and Sewerage Board to file a detailed statements regarding the steps taken by them to cover the area uncovered area by providing Underground Sewerage System and what is the nature of progress happened in this regard apart from directing the Engineer-in-Chief WRD to file a report regarding further action taken report on the basis of the directions given by the Hon‟ble High Court of Madras in similar issues.
29. The case was adjourned to 25.07.2022 for filing respective reports. On 25.07.2022, we have received a report submitted by the 8th respondent dated 22.07.2022, e-filed on 23.07.2022 which reads as follows:-
1 XXX 2XXX 3XXX 17
30. Heard, the counsel appearing for the respondents and taken the case for Judgement.
31. The learned counsel appearing for the State Department submitted that they have already taken steps to remove the encroachments as and when, the encroachments are removed, steps would be taken to protect the water bodies against future encroachment and pollution.
32. The learned counsel appearing for Chennai Metropolitan Water Supply and Sewerage Board submitted that they have already taken steps for covering these areas under the Underground Sewerage Scheme and wherever Underground Sewerage Scheme is not there, the sewage water is being collected in the septic tanks by the respective households and as and when it was filled up, it was being removed through tanker lorries authorised by the Chennai Metropolitan Water Supply and Sewerage Board and they are monitoring their movements.18
33. The learned counsel appearing for the Tamil Nadu Pollution Control Board submitted that they are monitoring the issues and as and when complaints are received they are taking appropriate steps. The counsel appearing for Tamil Nadu Pollution Control Board further submitted that they will abide by any further directions issued by this Tribunal.
34. Considered the various reports filed and also considered the submissions made by the counsel appearing for the respondents.
35. The grievance in the newspaper report was that originally Retteri Lake was an having an extent of 700 acres and there are lot of encroachments and earlier there was a proposal for beautifying this lake and certain amounts have been allotted for this purpose, by then, Chief Minister Miss. (late) J. Jayalalitha, subsequently, the work had not been continued with due to that encroachment and sullage water discharge, it has become polluted apart from that, waste is also being dumped in the Retteri lake. Subsequent newspaper reports also relied on by this Tribunal which were extracted earlier wherein also similar complaints have been made projecting the non-maintenance of the lake by the authorities and dumping of medical waste and other garbage in the Retteri Lake.
36. The Joint Committee also filed a report wherein, they have noted certain things and they have directed the concerned authorities to take appropriate steps with certain recommendations. It is also seen from the reports filed by the various departments that certain steps have been taken by the authorities. But the steps were not completed so far. Unless the steps are completed for removal of encroachments and stopping untreated sewage into the water body, any piece meal steps taken by the authorities will not achieve the goal of protecting the water body against encroachment and removing pollution. This is not the only lake where such complaints have been raised, but there are other lakes in respect of which also similar compliance have been raised and various directions have been given by this Tribunal and also by the Hon‟ble High Court of Madras including removal of encroachment and taking steps to protect the water bodies against encroachment and pollution.19
37. It is time and again reiterated by the Hon‟ble Apex Court and also various High Courts including Hon‟ble High Court of Madras including Principal Bench of National Green Tribunal and also this Tribunal, regarding the responsibility of the State to protect the water bodies against encroachment and pollution as part of protection of environment as mandated under Article 48(A) of the constitution of India. Further State department has got a responsibility to provide clean environment which includes providing clean water and air as part of „Right to Life‟ as generated under Article 21 of the Constitution of India and this obligation has to be primarily discharged by the State machineries including the local bodies and the regulators. It is well accepted principle of environment that water bodies are not only acting as source for water for drinking and irrigation purposes, but also act as a water storing reservoir, natural rain water harvesting system and help the natural recharge of ground water level in those areas apart from acting as flood mitigation mechanism to collect more water that is generated during rainy season to avoid flood in the neighbouring areas.
38. The Hon‟ble High Court of Madras had passed strictures against the authorities heavily for not taking steps to remove the encroachments and protect the water bodies, so as to discharge their constitutional obligation of protecting environment. Even in some cases, the Hon‟ble High Court of Madras had taken contempt proceedings and issued directions to pay a cost of Rs. 25,000/- (Rupees Twenty Five Thousand Only) if they did not file the reports containing the details. In spite of all these stringent measures taken by the Courts, the actions from the departments are not moving in the right direction as expected by the Courts and the Tribunal. Once the State machineries fail to discharge their obligation of protecting environment as contemplated under Article 48(A) of the Constitution of India, then they are failing to discharge their duty to maintain environmental rule of laws which highly required for the purpose of protecting the safe life of the people. Any environmental degradation will result in health hazard to the people and it is the primary responsibility of the State to avoid health hazards being caused or experienced the people on account of the lack of implementation of environmental laws by the regulating authorities.
39. The Principal Bench of National Green Tribunal as well as the Special Bench of this Tribunal in several mattes of reiterated that it is not possible for the Tribunal to monitor the implementation of statutory rules by the regulators and also monitor the discharge of the statutory function of the regulators perpetually 20 and it is for the authorities to take proactive role in implementing the environmental laws and protecting environment thereby discharging their onerous responsibility of protecting environment as contemplated under Article 48(A) of the Constitution of India.
40. Further in several matters including Ambattur Lake in O.A. No. 153 of 2020 (SZ) and O.A. No. 268 of 2016 (Korattur People's Welfare & Association Trust vs. Government of India and others) by Judgment dated 01.07.2022 , Pallavaram Peria Eri in O.A. No. 37 of 2012 S.P. Surendranath Karthik Vs. Chairman, Pallavaram Municipality and others by order dated 27.07.2022 several directions have been issued by this Tribunal including the Special Bench directing the regulators to take steps to implement the environmental laws within their jurisdiction and directed the Secretary level officials to monitor the same as well.
41. So under such circumstances, we feel that the matter can be disposed of by giving following directions:--
i. The District Collector, Chennai District in coordination with the Commissioner, Greater Chennai Corporation, and Water Resources Department is directed to survey the Retteri lake as per original revenue records and identify the unauthorised encroachments and take steps to remove the encroachments and after removing the encroachments, Water Resources Department is directed to take steps to provide protective mechanism by providing bio-fencing or planting green cover or other scientific methods and they must also take necessary action to strengthen the bunds and repair the weirs and sluices provided to regulate the inflow and outflow of the water to the lake and this direction will be subject to the directions already issued and to be issued by the Hon‟ble High Court of Madras in respect of removal of encroachments and protection of water bodies in the Writ Petitions, if any, pending in respect of this particular lake as well.
ii. The Commissioner, Greater Chennai Corporation is directed to strictly implement the Solid Waste Management Rules, 2016 and Liquid Waste Management and other Waste Management Rules within their jurisdiction and they should take steps to 21 avoid dumping of waste in the water spread area of the lake and cause pollution to the water body. If there is any waste already dumped, then they are directed to remove the same from the water spread area and shift to the designated dump yard after obtaining necessary permission, if any required under the respective Waste Management Rules in this regard. iii. The Commissioner, Greater Chennai Corporation is directed to provide CCTV Cameras at the Hot Spots, so as to identify the persons who are violating the rules and dumping the waste in that area in order to enable them to take action against such persons including imposition of environmental compensation and initiating prosecution and recovering penalties etc. as provided under the environmental laws and the local laws. iv. The Chennai Metropolitan Water Supply and Sewerage Board is directed to expedite the process of completion of the Underground Sewage Scheme in the places where it is not covered, at the earliest and avoid discharge of untreated sewage into the water body, so as to protect the water body against encroachment and pollution.
v. The Chennai Metropolitan Water Supply and Sewerage Board is also directed to register the tanker lorries engaged for collection of sewage and directed them to provide GPS to the vehicles, so as to enable them to track the movement of the tankers from the place of collection till the place of discharge, so as to avoid decanting of sewage into the water bodies or public drains which ultimately reaches the lake. vi. The Engineer-in-Chief, Water Resources Department is directed to de-silt the inlets and the outlets or water ways which carry the rain water to the lake and if there is any encroachment, then take steps to remove the encroachment and after removal of encroachments, take steps to maintain the inlet and outlet channels and waterways, so as to ensure free flow of water during rainy season through these waterways to avoid flood in the nearby areas as part of disaster management place.22
vii. The Tamil Nadu Pollution Control Board is directed to monitor the implementation of all Waste Management Rules and also the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and other related matters by this Tribunal and if there is any violation or non-compliance found, then they are directed to take appropriate action against those violators by initiating proceedings including prosecution and imposition of environmental compensation apart from resorting to other coercive measures provided under the respective statutes in accordance with law. viii. The Additional Chief Secretary to Government for Municipal Administration and Water Supply Department is directed to monitor the implementations of directions and if there is any proposal by stakeholder departments are pending, then they are directed to take steps to expedite such proposal by providing necessary administrative as well as financial sanction, so that the work should not be stalled due to paucity of funds.
ix. The Chief Secretary to Government, State of Tamil Nadu is directed to constitute a committee comprising of Additional Chief Secretary to Government for Municipal Administration and Water Supply Department as Chairman, Additional Chief Secretary to Government for Finance or his nominee, Additional Chief Secretary to Government for Water Resources Department, Principal Secretary to Government for Revenue and Disaster Management to monitor the implementation of the directions issued by this Tribunal in respect of implementation of Underground Sewage Scheme and implementation of Solid Waste/Liquid Waste/other Waste Management Rules and directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and various directions issued by this Bench, including Ambattur Lake in respect of O.A. No. 153 of 2020 (SZ), O.A. No. 268 of 2016 (Korattur People's Welfare & Association Trust vs. Government of India and others) by Judgment dated 01.07.2022 and O. A. No. 37 of 2012 S.P. Surendranath Karthik Vs. Chairman, Pallavaram Municipality 23 and others by order dated 27.07.2022 and other matters relating to protection of water bodies and if there is any gap found, then they are directed to issue necessary directions to the respective stakeholder departments so that they could rectify and resolve the same in an effective manner, so that the directions issued by the Tribunal for protecting water body can be effectively implemented by the respective stakeholders in its letter and spirit.
x. The Chief Secretary to Government, State of Tamil Nadu is also directed to conduct review meetings with the stakeholder departments regarding this aspect and if there is any gap found, then give necessary directions to the concerned departments to expedite the same and if any financial and technical support is required, then he is directed to provide the same at the earliest without delay.
xi. The Registry is directed to communicate this order to the official respondents including the Principal Secretary to Government for Revenue and Disaster Management
42. With the above observations and directions, the Original Application is disposed of.
.......................................J.M. (Justice K. Ramakrishnan) Sd/-
......................................E.M. (Dr. Satyagopal Korlapati) O.A. No.145/2020 22.08.2022. Sr. 24