National Green Tribunal
National Green Tribunal Southern Zone vs The Secretary To Govt. Of Tamil Nadu ... on 7 January, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.03:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 06 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU Based on The
News item in the Hindu Newspaper Edition Dated:
21.12.2020, "Villnjiyambakkam Lake shrunk due to
Encroachment,"
...Applicant(s)
Versus
1. The Principal Secretary to Government
Public Works Department,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600009.
2. The Secretary to Govt. of Tamil Nadu
Department of Environment & Forests
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 60000
3. The Additional Chief Secretary to Govt. of Tamil Nadu,
Revenue and Disaster Management Department
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600009
4. The Chairman,
Tamil Nadu Pollution Control Board
No.76, Anna Salai, Guindy
Chennai, Tamil Nadu - 600003
5. The District Collector
Tiruvallur District
1
First Floor, Collectorate,
Tiruvallur - 602 001.
6. The Corporation Commissioner
Avadi Municipal Corporation Office
391, New Military Rd, Thirumalai Rajapuram
NHB Mig V Block, Avadi, Tamil Nadu- 600071
...Respondent(s)
Date of hearing: 07.01.2021.
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): Sri. Dr. V. R. Thirunarayanan for R1, R2,
R3 & R5
Sri. C. Kasirajan through
M/s. Meena for R4
Sri. P.Srinivas and
Sri. Ponraj for R6
ORDER
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in the Hindu Tamil Thisai, newspaper, Chennai, Edition, dated 21.12.2020 under the caption "Mf;fpukpg;ghy; RUq;fpa Mtb tpspQ;rpak;ghf;fk; Vup kioePiu Nrkpj;J itf;f Kbahj mtyk;" (Vilinjiyambakkam Lake Shrunk due to encroachment, Shame of not being able 2 to store rain water)
2. It is seen from the newspaper report that Vilinjiyambakkam Lake which is under the control of Public Works Department is located within the limit of Avadi Corporation in Thiruvallur District. It was originally having an extent of 100 acres and served the local people as primary source of ground water. Since there was lack of maintenance and surveillance on the part of the Public Works Department, lot of encroachments happened which reduced the area of the lake to 50 acres. Even these 50 acres of lake is not being properly maintained by the Department.
3. It is alleged in the newspaper report that surplus water of Kovindhanthangal Lake in Kavarappalayam reaches through canal to Vilinjiyambakkam and the surplus water from this lake goes to Paruthipattu Lake and these lakes are linked and rain water is stored. However, the canals used for discharge of surplus water are disappearing due to encroachment.
4. Further, there was no proper de-silting and maintenance of bunds being done by the authorities which gives 3 opportunity to the encroachers to encroach into the lake catchment areas. Further, due to the recent Nivar and Burevi cyclone, large scale flood has happened in that area due to lack of drainage provisions provided for discharging the surplus water out of the lake which have been encroached upon.
5. There is a duty cast on the State Government, its departments and its regulators like Pollution control Board and the local bodies to be proactive for implementing the environmental laws in its letter and spirit to protect environment and avoid the water bodies being polluted as there is a constitutional mandate giving them a responsibility to protect the environment as contemplated under Article 48 (A) of Constitution of India as Right to Clean Environment is a part of Right to Life as enshrined under Article 21 of the Constitution of India. This is being reiterated by the Hon'ble Apex Court as well as this Tribunal in several matters of similar nature.
6. In spite of several directions given and steps taken on such issues, the authorities are taking a tardy approach to remove the encroachment and protect the water bodies 4 against the encroachment. This will have a great impact on environment as such. This is also one of the reasons for flood during monsoon due to lack of exit channels for removing excess water of the lake.
7. On going through the allegations in the newspaper report we are satisfied that there arises a substantial question of environment which requires the interference of this Tribunal for resolving the issue permanently. So the matter is admitted.
8. When the matter came up for hearing for admission today through Video Conference, Sri. Dr. V. R. Thirunaraayanan represented respondents 1 to 3 and 5, Sri. C. Kasirajan through M/s. Meena represented 4th respondent and Sri. P. Srinivas and Sri. Ponraj represented 6th respondent. Service is complete.
9. In order to ascertain the genuineness of the allegations and also action to be taken, we feel it appropriate to appoint a Joint Committee comprising (1) The Chief Engineer or a Officer deputed by the Chief Engineer not below the rank of Superintending Engineer of Public Works Department (PWD) and Water Resources 5 Organisation (WRO) of that area (2) The District Collector, Thiruvallur District, (3) a Senior Officer from the Tamil Nadu State Pollution Control Board (TNSPCB) as designated 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.
10. The committee is directed to ascertain the total extent of the original lake as per the revenue records and the nature of encroachment and the action taken for removal of encroachment, the inlet and outlet canals which are provided for draining and discharging the water out of the lake during rainy season when surplus water comes to the lake and if there is any encroachment into those canals and channels what is the action taken by the authorities to remove the same and restore the same to its original position.
11. The committee is also directed to ascertain the water quality in the lake, so as to ascertain as to whether there was any discharge of any untreated sewage or trade effluents into the lake, so as to contaminate the water quality.
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12. They are also directed to ascertain as to whether any encroachment has been made by the local bodies for dumping the waste in any portion of the area of the lake and if so, what are all the action taken by the regulating authorities to remove the same including the imposition of environmental compensation against the same.
13. The Public Works Department (PWD) and Water Resources Organisation (WRO) will be the nodal agency for co-ordination and also for providing necessary logistics for this purpose.
14. The committee is also directed to submit the report to this Tribunal on or before 23.02.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per rules.
15. The Registry is directed to communicate this order to the official respondents and also members of the committee immediately through e-mail along with the copy of the paper report and the gist of the Suo Motu proceeding with amended full cause title so as to enable them to comply with the direction and for filing their independent 7 response to the allegations made in the newspaper report and filing the report as directed by this Tribunal.
16. For appearance of parties, consideration of report and for completion of pleadings, post on 23.02.2021.
....................................J.M. Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No. 06/2021 07th January, 2021, Sr. 8