National Green Tribunal
Arappor Iyakkam, Rep.By Jayaram ... vs Government Of Tamil Nadu, Rep. By Its ... on 18 January, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.18
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 50 of 2017(SZ)
IN THE MATTER OF:
Arappor Iyakkam ... Applicant
Vs
Government of Tamil Nadu,
Chennai and 4 Others. ...Respondents
Date of hearing: 18.1.2021
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Mr. Jayaram Venkatesan
Party in Person
For Respondent(s): Dr. V.R.Thirunarayanan for R1, R2
Mr. G. Janakiraman for R3
Mrs. P.T. Ramadevi through
Mr. Rahul Aditya for R4
Ms. Geethanjali rep.
M/s. Jayesh Dolia for R5
ORDER
As per order dated 6.1.2020, this Tribunal had considered the pleadings and thereafter, constituted a joint committee comprising of the District 1 Collector, Chennai, Commissioner, Greater Chennai Corporation and senior officer of the CMWSSB and Senior Engineer of the State Public Works Department (Water Resource Organisation) with the following Terms of Reference:
1) What is the total extent of Lake as per revenue record?
2) What is the extent of land given to CMBWSS and SIDCO and Housing Board?
3) What is the extent covered by the oxidation pond?
4) What is the remaining area available for Rejenuation and restoration?
5) What are the steps taken by the authorities to preserve and restore the lake atleast to the extent whatever is now available to preserve, conserve and protect the water body so as to improve the ground water recharge system.
Thereafter, the matter was taken up on 10.6.2020 where the Corporation has filed the status report. Since we were not satisfied with the report, we directed the committee to submit a further progress report and posted the case to 21.8.2020. Thereafter, it was adjourned by notifications and lastly it was taken up on 3.12.2020 and considered the status report submitted by the fourth respondent and passed the following order: 2
"But there is no report submitted by the committee as directed by this Tribunal regarding the things mentioned as per order dated 06.01.2020. It is quite unfortunate that the responsible State authorities who have been made as committee members have not come with the report so far as directed by this Tribunal though, the order was passed on 06.01.2020 and almost 11 months have been completed after passing of the order.
The Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) has also not filed any report as directed by this Tribunal regarding the proposed establishment of STP and the location where they intend to establish the same as well. It appears that the Government Departments are not responsible in protecting environment which plays a prime role in protecting the health of the people and they are forgetting the fact that if environment is not protected, any development will not be of any use and no one will be there to enjoy the developments. The encroachment into the water bodies is one of the main reason for the floods that is being experienced by the States during monsoon. Inspite of that, none of the State Governments are learning lessons as to how such things will have to be prevented by atleast removing the unlawful encroachments to restore the water bodies to the extent possible to its original position so that the excess water collected during 3 monsoon will reach that water body, thereby the possibility of flood being caused in low lying areas can be avoided. However, we feel that one more opportunity can be given to the committee as well as to the authorities to submit the report as directed by this Tribunal by order dated 06.01.2021, otherwise they will have to appear before this Tribunal and explain as to why action should not be taken against them for non-compliance of the directions issued by this Tribunal as contemplated under Section 25 & 26 of the National Green Tribunal Act, 2010.
The committee as well as the authorities mentioned above are directed to submit the respective reports to this Tribunal on or before 18.01.2021 by e-filing along with necessary hardcopies to be produced as per Rules.
The Registry is directed to communicate this order to the Chief Secretary, Government of Tamil Nadu, Principle Secretary for Irrigation and Public Works Department (PWD) and Water Resource Organization (WRO), members of the committee as well as to the Greater Chennai Corporation and also to the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) by e-mail immediately so as to enable them to comply with the direction.
For consideration of report, post on 18.01.2021. 4 and posted the case to today for filing the report.
2. When the matter came up for hearing today through Video Conference, Mr. Jayaram Venkatesan, applicant appeared in person. Dr. V.R. Thirunarayanan represented respondents 1 and 2, Mr. Janakiraman represented third respondent, Mrs. P.T. Ramadevi through Mr. Rahul Aditya represented fourth respondent and Ms. Geethanjali represented M/s. Jayesh Dolia, counsel for fifth respondent.
3. Today also we have received only the report submitted by the Regional Deputy Commissioner (Central), Greater Chennai Corporation, dated 'nil' received on 12.1.2021 which reads as follows:
"GREATER CHENNAI CORPORATION I, P.N.Sridhar, I.A.S., Son of Mr.P.Sundara Rao, Hindu aged about 37 years, the Regional Deputy Commissioner (Central), Greater Chennai Corporation, having office at No.36B, Pulla Avenue, Shenoy Nagar, Chennai - 600 030, do hereby solemnly affirm and sincerely state as follows:-
1. I am the Regional Deputy Commissioner (Central), Greater Chennai Corporation and as such am well acquainted with the facts of the case from the available records and I am filing this joint inspection report on behalf of Greater Chennai Corporation as per the order of this Hon'ble Tribunal.5
2. I submit that the earlier report filed on behalf of Greater Chennai Corporation may be read as part and parcel of this joint inspection report.
HISTORY OF THE CASE:
It is submitted that the Government of Tamil Nadu vide Government Order in G.O.Ms.No.1759 Revenue Department dated 25.10.1984 had allotted the land measuring 126.12 Acres in SF.No.335/2 (44.11 Acres) Konnur Village and SF.No.249/31A1A3B (82.01 Acres) in Villivakkam Village, Permabur-Purasawakkam Taluk, Madras District was handed over to the Tamil Nadu Housing Board for MUDP-I sites and services scheme of the Madras Metropolitan Development Authority by the Madras Collector on 25.08.1977. The operative portion of the above said G.O. is extracted below for sake of convenience;
"... 3. The Government after careful consideration decided to fix the cost of land at Rs.5,000/- per acre. They accordingly direct that an extent of 126.12 acres of land in S.No.335/2 (44.11 Acres) Konnur Village and in S.No.249/31A1A3B (82.01 Acres) in Villivakkam Village, Permabur-Purasawakkam Taluk, Madras District be placed at the disposal of the Tamil Nadu Housing Board under RSO-24 for the implementation of its MUDP-I sites and Service Scheme of the Madras Metropolitan Development Authority on collection of land value at the rate of Rs.5,000/- per acre together with 9% compound interest from 25.8.77, the date of entering upon the land, till the date of payment.
4. The record of enquiry is returned herewith to the Commissioner of Land Administration, Madras. He is requested to acknowledge its receipt....."
6
It is submitted that while so the petitioner herein had filed a Writ Petition bearing W.P.No.43839 of 2016 praying to issue of Writ of Mandamus to direct the Secretary to Government Public Works Department, (Respondent 1) and Principal Secretary Municipal Administration and Water Supply Department (Respondent 2) to restore the entire remaining 39 acres Villivakkam Konnur Lake along with its inlets and outlets with the assistance of Chennai River Restoration Trust or any other specialized authority in a time-bound manner and consequently ensure that the Villivakkam Konnur Lake is restored to its original state as a clean water body by removal of debris dumped by the Chennai Metro Rail Limited (Respondent 5) and pollutants discharged by Chennai Metro Water Supply and Sewerage Board (Respondent 3).
It is submitted that the Hon'ble High Court has transferred the above to the National Green Tribunal, Southern Zone by order dated 13.02.2017 and renumbered as O.A.No.50 of 2017.
3. I submit that when the above case the Hon'ble National Green Tribunal, Southern Zone has passed an order dated 03.12.2020 as follows:-
"...9. However, we feel that one more opportunity can be given to the committee as well as to the authorities to submit the report as directed by this Tribunal by order dated 06.01.2021, otherwise they will have to appear before this Tribunal and explain as to why action should not be taken against them for non-compliance of the directions issued by this Tribunal as contemplated under Section 25 & 26 of the National Green Tribunal Act, 2010.
10. The committee as well as the authorities mentioned above are directed to submit the respective 7 reports to this Tribunal on or before 18.01.2021 by e-filing along with necessary hardcopies to be produced as per Rules.
11. The Registry is directed to communicate this order to the Chief Secretary, Government of Tamil Nadu, Principle Secretary for Irrigation and Public Works Department (PWD) and Water Resource Organization (WRO), members of the committee as well as to the Greater Chennai Corporation and also to the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) by e-mail immediately so as to enable them to comply with the direction.
12. For consideration of report, post on 18.01.2021........"
4. I submit that as per the orders of this Hon'ble Tribunal the Commissioner, Greater Chennai Corporation has appointed the Regional Deputy Commissioner (Central), Greater Chennai Corporation to head the joint inspection carried out by the joint committee members constituted by this Hon'ble Tribunal. Further the joint committee carried the inspection on 16.10.2020 and all the members of the joint committee were present at the time of inspection.
REPORTS OF THE MEMBERS/DEPARTMENTS:
It is submitted that the Area Engineer, VIII, Chennai Metro Water Supply and Sewerage Board has submitted their report dated 10.12.2020 vide Lr.No.CMWSSB/Area-VIII/3768/2020 as follows;-
a) Villivakkam Konnur Lake is situated in the North West of Chennai consist of 214 acres.8
b) Public Works Department has handed over the Villivakkam Lake to Tamil Nadu Housing Board.
c) Tamil Nadu Housing Board (TNHB) in turn allots to SIDCO industrial estate and SIDCO residential blocks and 39 acres land to CMWSSB (T.S.No.1, Block 35, 11.5 acres/T.S.No.6, Block I, 27.5 acres).
d) 1. In the year 1991, TNHB hands over only 39 acres of land to CMWSSB.
2. During the year 2016, Government of Tamil Nadu instructed CMWSSB to hand over to Greater Chennai Corporation (GCOC) 27.5 acres of land.
3. Out of 27.5 acres hand over to Greater Chennai Corporation, 24.64 acres is under rejuvenation and restoration work of Villivakkam Lake and remaining land is encroached by Slum dwellers for 2.5 acres (10200 sq.ft.).
Further it was stated that only 11.5 acres of land in under the control of the CMWSSB. And as of now, there is no oxidation pond functional at the above location and sewage from North Jaganatha Pumping Station, Villivakkam sector 'B' Pumping Station. Villivakkam Phase I Pumping Station, Villivakkam Phase II Pumping Station is received 12 MLD is pumped to Kodungaiyur sewage treatment plant. Further CMWSSB has obtained administrative approval vide G.O.No.107 dated 20.08.2019 for proposed 30 MLD tertiary treated ultra filtration sewage treatment plant in the available area of 11.5 acres and feasible study of requirement of treated sewage from the nearby industries is under progress.
It is submitted that the Executive Engineer, Public Works Department has submitted their report dated 11.12.2020 vide Lr.No. F DB/JDO-1/OA.50/2017/2020 as follows;-
9
Originally the surplus water from Ambattur Tank feeds the Villivakkam Tank through the surplus channel near Wheels India Company Limited. Since the Villivakkam Tank was handed over to Tamil Nadu Housing Board the surplus channel has been diverted at the inlet point and runs along the Koyambedu to Madhavaram Highway and confluence into Otteri Nullah Channel. Now the Greater Chennai Corporation is developing a pond in the subject area. It is suggested that if the inlet provision is made as earlier the surplus water from Ambattur Tank can be let into this Villivakkam pond. By this arrangements the inundation occurred in North Avenue, DTP Colony of Korattur can be avoided during the monsoon season and also can conserve the rain water effectively.
It is submitted that the Executive Engineer, Storm Water Drain Department, Greater Chennai Corporation has submitted the details of the restoration works being carried out at Villivakkam Tank as follows;-
The restoration work is being carried under the Smart City Fund the details which are tabulated below for sake of convenience;
Sl. Nature of Work Estimate Remarks
No. Amount
in Crores
1 ECO Restoration of Villivakkam 11.59 Work in progress
tank.
2 Construction of compound wall 7.39 Work in progress
3 Construction of sub structure 2.587 Work in progress
for Suspension Bridge
4 Construction of Suspension 4.69 Administration Sanction
Bridge Superstructure Obtained tenders
Structural works (Steel works) opened on 22.12.2020
and in process
5 Supply, fabrication and fixing of 1.456 Obtained tenders due
stainless steel fencing with cast on 30.12.2020
iron leg along the water
boundary of Villivakkam tank
10
6 Supply, installation, testing and 2.02 Obtained tenders due
commissioning of dynamic on 04.01.2021
lighting proposal for
Villivakkam suspension glass
bridge and high mast and
pathway lighting
7 Rehabilitation and Resettlement 15.22 Cheque received from
of 268 nos. of encroached slum smart city project and
families near Villivakkam tank remitted to TNSCB on
17.12.2020. After
getting allotment and
resettlement will taken
up immediately
Apart from this, it is proposed for further development of Amusement park inside the Villivakkam tank by Service Provider to design, build, finance and operate and maintain the restored Villivakkam Tank under PPP mode (Public Private Partnership) along with the developed infrastructures for a period of 25 years. The service provider has to invest a minimum amount of Rs.10.00 crores for the above work. The letter of acceptance has been issued for this work.
It is therefore prayed that this Hon'ble Tribunal may be pleased to accept the report and to pass suitable order or orders as this Hon'ble Tribunal may deem fit and proper under the circumstances of this case and thus render Justice."
4. In that report also whatever direction was given by us has not been reflected. They have only stated that in the year 1991, Tamil Nadu Housing Board had handed over 39 acres to CMWSSB and during 2016 they have handed over 27.5 acres of land to the Greater Chennai Corporation for the purpose of rejuvenation and restoration work of 11 Villivakkam Lake and the remaining 2.5 acres of land is encroached by Slum dwellers. It is also mentioned in the report that only 11.5 acres of land is under the control of CMWSSB and they have proposed to have sewage treatment plant in that area.
5. It is also not known as to whether they require so much of land for that purpose. It is also mentioned in the report that if the inlet provision is made as earlier, the surplus water from Ambattur tank can be let into Villivakkam pond which may prevent inundation occurring in North Avenue, DTP Colony of Korattur during monsoon season and it can be used for conservation of rain water effectively. What is the proposal for the implementation of the same has not been mentioned in the status report.
6. It is not mentioned in the report as to the minimum time limit which is required to complete the rectification work. It is mentioned in the report that there were 268 encroached slum dwellers near Villivakkam tank who will have to be rehabilitated. Certain work is under progress but there is no time line provided within which this work will be completed so as to make Villivakkam tank with the available extent of land free from encroachment and make it as a rain water storage facility.
7. Even today, the committee has not submitted the report as directed. What is all the nature of steps taken for the removal of encroachment is not also clear from the report. Rehabilitation has to be done by the Revenue 12 Department in coordination with the Slum Clearance Board. But what are all the steps taken by them so far have not been mentioned by them. Even on the last hearing date, we had directed the committee to submit the report and in fact this order was directed to be communicated to the Chief Secretary, Government of Tamil Nadu, Secretary to Government, Municipal Administration and Water Supply Department, Public Works Department (Water Resources Organisation). But in spite of that, no effective steps have been taken to file the comprehensive report before this Tribunal so as to enable this Tribunal to dispose of the case which is pending since 2017.
8. However, considering the circumstances, we feel that some more time can be granted to the committee to submit the report as directed. Otherwise, this Tribunal will be compelled to take action against the committee members for non compliance of the directions as contemplated under Section 25 and 26 of the National Green Tribunal Act, 2010. The committee is directed to submit the report on or before 23.2.2021 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 members of the committee as well as the Chief Secretary, Government of Tamil Nadu, Secretary to Government, Municipal Administration and Water Supply 13 Department, Public Works Department (Water Resources Organisation) so as to enable them to coordinate with the committee members to submit the report as directed by this Tribunal and cooperate with the Tribunal to dispose of the case in an effective manner taking into account their accountability of protecting environment as contemplated under Article 48- A of the Constitution of India.
For consideration of further report, post on 23.2.2021 .........................................J.M. (Justice K. Ramakrishnan) .........................................E.M. (Sri.Saibal Dasgupta) O.A.50/2017 18.1.2021 Kkr 14