National Green Tribunal
Vanmeegam, A Society Registered Under ... vs The Chief Secretary, State Of Tamil Nadu on 5 November, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.8:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.210 of 2017 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Vanmeegam,
A Society registered under the Tamil Nadu
Societies Registration Act, Kancheepuram Dist.
Rep. by its Secretary R. Sivachandran ... Applicant(s)
With
The Chief Secretary,
State of Tamil Nadu,
Fort St. George,
Chennai and Ors. ...Respondent(s)
Date of hearing: 05.11.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Sri. R.N. Ganesh.
For Respondent(s): Sri. S.N. Parthasarathi through
M/s. Girija for R1, R3, R5,R7 to R10.
Sri. C. Kasirajan through
M/s. Meena for R4.
Sri. G.M. Syed Nurullah Sheriff for R6.
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ORDER
1. As per order dated 24.09.2020, this Tribunal had considered the report submitted by the Commissioner, Saint Thomas Mount Panchayat Union, Medavakkam and directed the Tamil Nadu Pollution Control Board (TNPCB) as well as the committee to submit a further action taken report and posted the case to today.
2. When the matter came up for hearing today through Video Conference, Sri. R.N. Ganesh represented the applicant. Sri. S.N. Parthasarathi through M/s. Girija represented respondents 1, 3, 5 & 7 to 10, Sri. C. Kasirajan through M/s. Meena represented 4th respondent and Sri. G.M. Syed Nurullah Sheriff represented 6th respondent.
3. We have received a report submitted by the Joint Committee which reads as follows:-
"Report of the Joint Committee constituted by the Hon'ble National Green Tribunal (Southern Zone) in respect of O.A. No.210 of 2017 filed by Vanmeegam, a Society registered under the Tamil Nadu Societies Registration Act, Kancheepuram District in connection with the subject matter against the dumping of waster in forest area at Medavakkam Village, Tambaram Taluk, Chengalpattu District.
1) Orders of the Hon'ble Tribunal It is respectfully submitted that the Hon'ble National Green Tribunal (SZ), Chennai in its order dated 07.02.2020 in Original Application No.210 of 2017 has constituted a Joint Committee comprising of the (1) District Collector, Chengalpet District, (2) Tamil Nadu State Pollution Control Board and (3) [2] Commissioner, St. Thomas Mount Panchayat Union, Chitlapakkam, and directed as follows:-
"to inspect the area in question and submit a factual report, showing the nature and category of the property, whether there is any water body, as contended by the petitioner which has to be protected and if there is any encroachment, what is the action taken and what is the action plan for the tenth respondent panchayat to dispose of the legacy waste collected in that area and what is the extent of legacy waste available in that area and whether dumping is still continuing in that area and if so, what action has been taken by the revenue authorities against the illegal dumping of waste in the revenue forest area, without getting any necessary permission from them and submit a factual and action taken report to this Tribunal through e-mail @ [email protected]. If on account of indiscriminate dumping, any damage has been caused to environment, impose environment compensation and fix the responsibility on the persons who are responsible for the illegal activities, affecting environment. Tamil Nadu Pollution Control Board will be the nodal agency for this purpose".
In due compliance of the said Hon'ble National Green Tribunal direction, Joint Committee report was submitted before the Hon'ble National Green Tribunal.
The Hon'ble National Green Tribunal (SZ), Chennai in its order dated 07.08.2020, has further passed the following order:-
"6. They have not mentioned what are all the time lines within which these things will have to be completed and whether this is within the time line provided by the Principal Bench of National Green Tribunal in Original Application No. 606 of 2018 and if there is any violation of the direction issued by the Principal Bench of National Green Tribunal, then whether any steps have been taken for realizing the compensation as directed by the Principal Bench from the erring local body. These things are absent in the report.
7. So under such circumstances, we are not satisfied with the report submitted by the Joint Committee and the Joint [3] Committee is directed to submit a further report explaining the above things in detail and submit the report to this Tribunal on or before 24.09.2020.
8. The concerned local body is also directed to submit the status report regarding the implementation of Solid Waste Management Rules, 2016 in respect of this dumping ground and the extent of legacy waste available and time required for disposal of the same in a scientific manner as provided under the Solid Waste Management Rules, 2016.
And directed the following unit "The Pollution Control Board as well as the committee appointed by this Tribunal to submit a further action taken report in this regard.
They are also directed to mention as to whether the present area where the waste is dumped is an authorized dumping fill and whether necessary authorization has been obtained for that purpose as required under the Solid Waste Management Rules, 2016.
So, the Pollution Control Board as well as the committee are directed to submit a further action taken report as directed by this Tribunal as per order dated 07.08.2020 and also on the aspects mentioned by this Tribunal in this order on or before 05.11.2020 by e-filing. If they do not file the report as directed by this Tribunal, then the Tribunal will be compelled to ask them to appear before this Tribunal to explain as to why the directions of this Tribunal has not been complied with.
The Saint Thomas Mount Panchayat Union is also directed to submit the further progress report in this regard as well.
2) Status Report by Commissioner of St. Thomas Mount Panchayat Union It is respectfully submitted that the Commissioner of St. Thomas Mount Panchayat Union furnished the following detailed status report:
1. Total Area of the Medavakkam 12.00 Sq Km Panchayat:
2. Total Population of the 75000 Panchayat:[4]
3. Total Household of the 18000 Panchayat:
4. No of Wards: 12 Nos.
5. Generation of total solid waste 20.00 MT/day (Bio degradable in the village panchayat area: waste - 10 MT and Non biodegradable waste - 10 MT)
6. Location of the area in Medavakkam - Survey question: No.416/2 (12.916887, 80.195076)
7. Total extent of area on 5.40 Hectares question:
8. Classification of the area in "Karadu" as per revenue question: records
9. Status of area in question: i. An abandoned Quarry ii. Not a water body area iii. No encroachment in the said area iv. Not a forest land Status of solid waste management - handling, treatment and disposal Generation of total solid waste in the village panchayat area: 20.00 MT/day (Bio degradable waste - 10 MT and Non biodegradable waste - 10 MT) Present Status of collection and disposal of solid waste:
Presently the waste collected from the village panchayat area is being collected from dustbins located in the streets by panchayat sanitary workers using 13 E-Cart Tricycles, 9 Tractors and with 42 Sanitary workers which is dumped in the said location at S.F. No.416/2 (12.916887, 80.195076) which, which is owned by Medavakkam Village Panchayat.
Construction of Micro Composting centre in the site in progress.
Proposals:
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(1) 100% collection of solid waste being generated within its jurisdiction with proper segregation, door to door collection will be carried out by complying with the provisions of the Solid Waste Management Rules, 2016 within a month time.
(2) Micro Composting centre will be crated at the area in question within one month to compost the segregated bio degradable waste of 10 MT/day and non degradable waste of 10 MT/day including plastic waste will be collected and will be disposed through recycling facilities through co-processing in the cement factories.
II. The extent of legacy waste available and time required for disposal of the same in a scientific manner as provided under the Solid Waste Management Rules, 2016 i. Total quantity of legacy 1500 T waste available ii. Processing of the legacy Proposed to carryout Bio-mining waste and time required of the legacy waste within 3 months by adopting the procedural aspects as per CPCB guidelines and to dispose the same in a scientific manner in a period 2 months after the commencement of the bio mining activity.
3. Compliance of the Direction:
In due compliance of the direction of the Hon'ble National Green Tribunal (SZ), the Joint Committee has again carried out inspection in the area in question on 20.11.2020.
4. Observations by the Committee:
During the time of inspection, the committee observed the following:
1) The village panchayat is not having solid waste processing facility, hence not carrying out the processing of the solid waste collected from the village panchayat area as per Solid Waste Management Rules, 2016.
2) The village panchayat is now carrying out the establishment of Micro composting centre in the said site (Survey [6] No.416/2) for handling segregated bio degradable waste and it was reported by the local body that it will be completed within a month time.
3) Unsegregated solid waste is being dumped in the area in question by the village panchayat and the said site is not a authorized land fill facility and the Tamil Nadu Pollution Control Board has not given any authorization under the provisions of the Solid Waste Management Rules, 2016 to the village panchayat.
4) The said area belongs to Medavakkam Village Panchayat which is classified as Karadu as per the revenue records and it is being utilized by Panchayat for dumping the solid waste for the past 10 years.
5) Environmental Compensation It is further submitted that as the Village Panchayat has taken action for the installation of Micro Compost Centre (MCC) for handling Bio degradable Waste and the installation is under progress, complete the same within a month time and taking action for the scientific removal of the legacy waste by bio mining and also taking action for the 100% day to day collection of the solid waste generated from the village panchayat area, Environmental Comepsnation to the said local body has not been levied.
5. Recommendations:
Based on the above observation, the Joint Committee submits the following recommendation before the Hon'ble National Green Tribunal (Southern Zone)
1) The village panchayat shall ensure 100% collection of solid waste being generated within its jurisdiction with proper segregation, door to door collection, processing and disposal by complying with the provisions of the Solid Waste Management Rules, 2016 within a month time.
2) The village Panchayat shall establish Micro Composting Centre within a month time to compost the segregated Biodegradable Wastes and shall dispose the non degradable waste including plastic waste through recycling facilities or through co processing in the cement factories.[7]
3) The village panchayat shall commence the Bio Mining of the legacy waste within 3 months and shall complete the activity and its scientific disposal within two months.
4) The village panchayat shall levy fine on the violators dumping solid waste in the area in the question under Local Body acts.
5) The village panchayat shall create awareness regarding the source segregation of the Solid wastes and to encourage the public to deposit only segregated wastes and shall deploy sanitary supervisors to conduct various demonstrations regarding the segregation of the solid wastes and to demonstrate the home composting process to the residents in all the residential areas in the jurisdiction.
6) Tamil Nadu Pollution Control Board shall conduct periodical inspection of the site in question and ensure that the local body is complying with the provisions of the Solid Waste Management Rules 2016 and the points as suggested by the Joint Committee."
4. It is seen from the report that the Medavakkam Village Panchayat is not complying with the Solid Waste Management Rules, 2016 and they wanted some more time for implementation of the Solid Waste Management Rules, 2016 and certain recommendations were given by the committee in the report that granting time as requested for complying with the rules by providing one month for collection & segregation and three months for disposal of the waste.
5. It may be mentioned here that this is against the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 whereby an ultimate time line was [8] fixed as 31.03.2020 for the purpose of strict implementation of the Solid Waste Management Rules, 2016 in the respective local bodies and certain direction were given to the respective Pollution Control Boards and Pollution Control Committees to levy the penalty at the rate provided in the slab depending upon the population in the local body but nothing was mentioned about the same in the report.
6. The Pollution Control Board had also not filed any report regarding the nature of action taken by them to implement the direction given by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 in this case.
7. When this was pointed out, the learned counsel appearing for the Pollution Control Board submitted that they will come with an independent report, if some time is granted.
8. The matter is of the year 2017. The only question that arises for consideration is regarding the implementation of the Solid Waste Management Rules, 2016 in the Medavakkam Village Panchayat in its letter and spirit.
9. Inspite of the fact that the Principal Bench of the National Green Tribunal, New Delhi is taking cognizance of the issue in a PAN India basis and issuing periodical directions, strictures etc. The implementation at the grass-root level is very minimal and that shows the sorry state of affairs and if the directions issued by [9] the Principal Bench of National Green Tribunal is not strictly complied with, then this Tribunal will be compelled to take coercive steps against those persons who are responsible for its implementation for their failure in implementing in it.
10. However, considering the request made by the learned counsel appearing for the Pollution Control Board, we feel that some more time can be granted to them to submit the report as directed by this Tribunal.
11. The Pollution Control Board as well as the Committee are directed to submit a further report and the Medavakkam Village Panchayat is also directed to submit a present status report and the steps taken by them to comply with the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 and as to why action should not be taken against them in compliance with the directions issued by the Principal Bench in this regard of levying the environmental compensation for their failure in implementing the same.
12. The Committee as well as the Pollution Control Board and the Medavakkam Village Panchayat are directed to submit a further action taken report as directed by this Tribunal on or before 04.01.2021 by e-filing along with necessary hardcopies to be produced.
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13. The Registry is directed to communicate this order to the members of the committee as well as to the Pollution Control Board and the Medavakkam Panchayat by e-mail immediately so as to enable them to comply with the direction.
14. For consideration of further report, post on 04.01.2021.
...................................J.M. (Justice K. Ramakrishnan) ..............................E.M. (Shri. Saibal Dasgupta) O.A. No. 210/2017, 05th November, 2020. Mn.
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