National Green Tribunal
National Green Tribunal Southern Zone vs The Secretary To Govt. Of Tamil Nadu ... on 3 March, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 52 of 2020 (SZ)
IN THE MATTER OF:
Tribunal on its own motion SUO MOTU
Based on the News Item in Dinamalar
Newspapaper dated 28.02.2020, Chennai Supplementary
"Dried Cauvery filled up with waste water"
...Applicant(s)
With
The Secretary to Government of Tamil Nadu,
Department of Environment, Chennai and others.
...Respondent(s)
Date of hearing: 03.03.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mr. S.N. Parthasarathy for
R1,R2,R3,R4,R5,R6,R8 to R10
Mr. C. Kasirajan for R7
ORDER
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1. The above case has been Suo Motu registered by this Tribunal on the basis of the paper report published in Dinamalar - News paper Chennai Edition dated 28.02.2020 under the caption "twz;l fhtpupia epiwf;Fk; fopT ePu; - gy yl;rk; Ngu;
ghjpf;fg;gLk; mghak;" (Dried Cauvery filled up with waste water)"
2. It is alleged in the report that the release of water from Mettur Dam, Salem, for irrigation of delta areas was stopped in the end of January. At present, only 750 cubic feet of water is released for drinking water purposes.
3. Water from most of the hydro electric projects including those of Vendippalayam and Pasoor regulator electricity generation project in Erode district have already been released, without storing them. Due to this the Cauvery River has dried, since several days.
4. It is also alleged in the report that the Cauvery River is being polluted due to discharge of untreated sewage from Pallipalayam Municipality in Namakkal District which lies in the northern stretch of Cauvery River and gets mixed in Cauvery. Towards the southern side, the sewage from Erode Corporation and effluents from dyeing, washing and leather industries are being discharged directly into Cauvery River at the point near Vairapalayam dumping yard.
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5. The water has become blue and black in colour with foam thereby, it has been totally contaminated. The water is being used for drinking purposes as well; the Cauvery water is one of the sources for drinking water. Though complaints have been made to the authorities, no action has been taken.
6. On going through the report, we are satisfied that there arises a substantial question of environment for consideration of this Tribunal for giving necessary direction to solve the problem.
7. There is a duty cast on the Municipal authorities, the local bodies and the State Government to protect the water body against pollution and encroachment. It has been time and again repeated by the Hon'ble Apex Court and also by the Principal Bench of National Green Tribunal that Under Article 48 (a) of the Constitution of India, there is a duty cast on the State Government as well its Administrative Departments to protect environment. Being a signatory to the United Nation (UN) Convntions and party to the agreement entered into the United Nation (UN) conventions dealing with climate change, they are also bound to honour the same by taking necessary steps to protect environment.
8. The regulating authorities must also be vigilant in implementing the provisions of the water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 3 to prevent discharge of untreated sewage or effluent into the water body. They are not only contaminating the water, but it will also affect the ground water quality as well and in turn create health hazards to the people who are expected to drink the same.
9. Before, proceeding further, we feel it appropriate to appoint a Joint Committee comprising of the District Collector, Erode District, District Collector, Namakkal District, The Tamil Nadu Pollution Control Board, Engineer-in-Chief, Water Resources Organisation (WRO) & Chief Engineer (General) Public Works Department (PWD), Superintending Engineer, Public Works Department, (PWD), Water Resources Organisation (WRO), Upper Cauvery Basin Circle, Superintending Engineer Public Works Department (PWD), Water Resources Organisation (WRO), Bhavani Basin Circle, Municipal Commissioner, Erode Municipal Corporation and Municipal Commissioner, Pallipalayam Municipality to look into the matter and submit a detailed status and action taken report regarding the allegation in the report. They are expected to inspect the area in question including the units responsible for discharge of effluents into the water body to ascertain as to whether inlet and outlet from the Effluent Treatment Plants are maintained by them are as per environmental norms and if there is any violation found, they are expected to take action against those violators 4 including initiating prosecution and also by imposing environmental compensation as directed by this Tribunal in several decisions of this nature by applying the guidelines provided by the Central Pollution Control Board in this regard.
10. They are also directed to collect the water sample from the water body and ascertain the quality of water and if it is polluted and is not in conformity with quality of drinking water, suggest the remedial measures to solve the same and include the same in the report.
11. The water quality analysis must contain not only Bio Chemical Oxygen Demand (BOD), Chemical Oxygen Demand (COD) and the Potential of Hydrogen (PH) value but also the other aspects, including the total Coliform and the Faecal Coliform and the heavy prohibited metals in the water which affects the health indirectly.
12. They may also trace out the sources for contamination and provide necessary suggestions and recommendation as to how this can be prevented in future as well.
13. The Engineer-in-Chief, Water Resources Organisation (WRO) and Chief Engineer (General) Public Works Department will act as nodal agency for co-ordination and for providing all necessary logistics for this purpose.
14. The committee is directed to submit the report to this Tribunal 5 within a period of two month through e-mail @ [email protected].
15. The Registry is directed to communicate this order to the respondents including the committee members along with the copy of the paper report immediately through e-mail so as to enable them to comply with the direction of this Tribunal.
16. Mr. S.N. Parthasarathy entered appearance for Respondent No.1, R2, R3, R4, R5, R6, R8 to R10 and Mr. C. Kasirajan entered appearance for Respondent No. 7.
17. For consideration of report post on 15.05.2020.
..................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Saibal Dasgupta) O.A. No.52/2020, 03rd March, 2020.
Sr. 6