National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Government ... on 22 September, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.8 & 9:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.133 of 2021 (SZ)
With
Original Application No.113 of 2021 (SZ) &
I.A. No.116 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion Suo Motu
Based on the news item published in
The Times of India Newspaper, Chennai Edition,
Dated 27.04.2021, under the caption
"Dumping of garbage in Thalambur Lake:
Locals write to District Collector"
....Applicant (s)
Versus
The Principal Secretary to Government,
Public Works Department,
Govt. Secretariat, Fort St. George,
Chennai - 600 009 and Ors.
... Respondent(s)
With
Suo Motu - "VCK leader joins chorus against
Illegal dumping of medical waste"
....Applicant (s)
Versus
The Chief Secretary to Govt. of Tamil Nadu
Govt. Secretariat, Fort St. George,
Chennai - 600 009 and Ors.
... Respondent(s)
Page 1 of 17
O.A. No.133/2021(SZ)
For Applicant (s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R7, R9, R10.
Mr. S. Sai Sathya Jith for R8.
O.A. No.113/2021(SZ)
For Applicant (s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R3, R5.
Mr. S. Sai Sathya Jith for R4.
Ms. Bhargavi Kannan along with
M/s. Ashwini Vaidialingam for R9 & R10.
Date of hearing: 22.09.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
ORDER
1. The above cases have been Suo Motu registered by this Tribunal on the basis of the different newspaper reports regarding illegal dumping of medical waste and also dumping of garbage in Thazhambur Lake. This Tribunal had appointed a Joint Committee to go into the issue and submit a report.
2. The Joint Committee has filed a report in O.A. No.113/2021 dated Nil, e-filed on 01.09.2021 and received on 02.09.2021 which reads as follows:-
"INSPECTION REPORT OF THE JOINT COMMITTEE CONSTITUTED BY THE HON'BLE NATIONAL GREEN Page 2 of 17 TRIBUNAL (SOUTHERN ZONE) IN RESPECT OF O.A No.113 of 2021 TAKEN UP AS SUO MOTU BASED ON THE NEWS PAPER REPORT PUBLISHED IN THE TIMES OF INDIA NEWSPAPER CHENNAI EDITION, DATED 27.04.2021 UNDER THE CAPTION "DUMPING OF GARBAGE IN THALAMBUR LAKE: LOCALS WRITE TO DISTRICT COLLECTOR The Hon'ble National Green Tribunal (NGT), Southern Zone(SZ), Chennai has taken up suo motu based on the news paper report published in the Times of India, Chennai edition datted 27.04.2021 under the caption "dumping of garbage in Thalambur Lake: Locals write to District Collector" vide O.A. No. 113 of 2021. The Hon'ble NGT(SZ) in its order dated 21.05.2021 in Original Application No.113 of 2021 has stated the following:
" In order to ascertain the genuineness of the allegations made in the newspaper report, we feel it appropriate to appoint a Joint Committee comprising of (1) the District Collector, Chengalpet District or a Senior Officer not below the rank of Revenue Divisional Officer/Sub Divisional Magistrate as deputed by the District Collector, (2) the Superintending Engineer of Public Works Department & Water Resource Organization who is in charge of that area and (3) a Senior Officer from the Tamil Nadu 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.
If it is found that there is any garbage dumped there, they are directed to ascertain the quantum of legacy waste, who is responsible for the same and assess environmental compensation, if any damage has been caused to the water body.
The committee is also directed to ascertain the quality of water by taking samples from the water body and analyze to find out as to whether any contamination has been caused to the water in the water body. If any contamination found, then they are directed to suggest the remedial measures to be taken to restore the water quality to its original position.Page 3 of 17
The committee is also directed to ascertain as to whether the direction of the Principal Bench of National Green Tribunal in 0.A. No,606 of 2018 regarding the implementation of the Solid Waste Management Rules, 2016 is being strictly implemented in the 6th respondent panchayat and if not, what is the nature of action taken by the regulators to implement the same.
The committee is directed to submit a report to this Tribunal on or before 30.06.2021 by e filing".
In due compliance of the directions of the Hon'ble National Greeen Tribunal (SZ), the Joint Committee as constituted by the Hon'ble Tribunal has carried out inspection in the area in question on 24.07.2021 and observed as follows:
Observations made by the Committee during inspection
i) Thalambur Lake is located in Thalambur Village, Vandalur Taluk, Chengalpattu District in an extent of 93.15 Acres
ii) The said lake is surrounded by road & residences of Mullai Nagar in the Eastern side, Vacant Government Land in the Western side, road & residences of Jaibheem Nagar and Karanai Periya Eri on the Northern side, road & residences in the Southern side.
iii) No discharge of sewage into the said Lake from the residences located nearby
iv) No discharge of industrial effluent into the said lake
v) Municipal solid waste of about 3 Tonnes was found dumped in the western side of the lake in an extent of 50 cents of Government land in Survery no. 80/4 of Thalambur Village by the Thalambur Village Panchayat which is at a distance of 25m away from the lake boundary.
vi)It was informed by the said Village Panchayat that the solid waste generated from the village panchayat area is being dumped in the said area in question and is being transferred to the dumping site at Appur Village, Kattankolathur Block, Chengalpattu District once in a month.
vii) Samples of Lake water was collected on 24.07.2021 i.e during the time of inspection and sent to the District Page 4 of 17 Environmental Laboratory, TNPCB, Maraimalai Nagar for analysis.
vii)It was informed by the said local body that the strengthening of bunds of the Lake and deepening of the lake work was carried out with the help of an NGO-Care Earth Trust during 2018 and the said lake is maintained by Water Resource Department.
Details on the Solid Waste Management by Thalambur Village Panchayat
1.Location of the Lake: Thalambur - Survey No 73 (12.839465°, 80.211216°)
2. Total Area of the Thalambur Lake: 93.15 Acres
3. Total Area of the Thalambur Village Panchayat : 12.0 Sq Km
4. Total Population of the Thalambur Village Panchayat :
16200 Nos.
5. Total Household of the Panchayat : 8340 Nos.
6. No of Wards: 6 Nos.
7. Generation of total Solid Waste in the Panchayat area:
3.00 MT/day
8. Collection Mechanism: 7 Pushcarts, 2 Tractors with 19 sanitary Workers.
9. Presently Solid Waste at dumping Yard: 3.00 MT
10. Present method of collection and disposal:
Presently the waste collected from the Village Panchayat area is being collected by Panchayat sanitary workers using 7 Pushcarts and 2 Tractors deploying 19 sanitary workers and which is being dumped in the western side of the lake in the Government land Survey no. 73 (12.839465°, 80.211216°) at a distance of 25m from the lake boundary and is being transferred to the dumping site at Appur Village, Kattankolathur Block, Chengalpattu District once in a month.
Status of Compliance of directions of Hon'ble NGT(PB), Delhi in OA No.606 of 2018 Page 5 of 17 Also, it is submitted that the Hon'ble National Green Tribunal (Principal Bench) in its order dated. 28.02.2020 in 0.A. No.606 of 2018 vide para 41 (a) has directed that in view of the fact that most of the statutory timelines have expired and directions of the Hon'ble Supreme Court and Tribunal to comply with Solid Waste Management Rules, 2016 interim compensation scale is to be laid down for continued failure after 31.03.2020. Any such continued failure will result in liability of every Local Body to pay compensation at the rate of Rs. 1 lakh per month per other Local Body from 01.04.2020 till compliance and vide para 41 (b) has directed that not commenced the legacy waste remediation process, the interim compensation of Rs.1 lakh per month to be paid by the local bodies having population less than 5 lakhs from 01.04.2020 till compliance In view of the above, as the population of the Thazhambur Village Panchayat as on date is about 16,200, the Interim Compensation to the Thazhambur Village Panchayat to be levied is calculated as follows For not segregating and properly disposing the solid wastes generated from the said panchayat area ► April, 2020 to June, 2021 - Rs.1 Lakh x 15 Months = Rs. 15 lakhs.
The total interim compensation to be remitted by the Thazhambur Village Panchayat is Rs. 15 lakhs.
Recommendations of the Joint Committee:
The Joint Committee has suggested the following recommendations in the above said subject matter before the Hon'ble National Green Tribunal:
i. The said 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 3 months.
ii. Total generation of solid waste is 3.00 MT. Segregated Biodegradable waste shall be composted by providing a Micro Page 6 of 17 Composting Centre and non degradable waste including plastic waste shall be collected and sent to cement factories for co processing iii. The local body shall provide Micro composting centre to handle the bio degradable waste generated within their village panchayat area within 3 months.
iv. The Secretary, Thalambur Village Panchayat shall monitor and ensure that the local body is complied with the statutory requirements and for the scientific disposal of solid waste that are being generated in the local body. Furthermore ensure that no solid waste is dumped in the said water body.
v. 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.
vi. The said village panchayat shall remit the Environmental Compensation of Rs. 15 Lakhs for non-compliance of the Solid Waste Management Rules, 2016 as directed by the Hon'ble National Green Tribunal (Principal Bench) in OA No. 606 of 2018."
3. The Tamil Nadu Pollution Control Board has filed a consolidated report covering all these issues signed on 21.09.2021, e-filed on 22.09.2021 and received on the same date which reads as follows:-
"REPORT FILED ON BEHALF OF THE
RESPONDENT TAMIL NADU POLLUTION CONTROL
BOARD.
I, R. Sarasavani, Daughter of Thiru. Raghavan, Hindu, aged about 56 years, having my office at No.76, Mount Salai, Guindy, Chennai-32, do hereby solemnly affirm and sincerely stats as follows:Page 7 of 17
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai-32, and I am filing this Report on behalf of the Respondent, Tamil Nadu Pollution Control Board and as such I am well acquainted with the facts of the case as per the records.
2. It is respectfully submitted that the Hon'ble National Green Tribunal (SZ) has passed order dt.25.06.2021 directed as follows:
"The Tamil Nadu Pollution control Board (TNPCB) and the District Collectors of Chengalpattu and kancheepuram District as well as the Pollution Control Board are directed to file their independent reports regarding the allegations made in the newspaper reports in their respective areas of their jurisdiction and the manner in which the bio-medical waste is generated in that area is being dealt with by the generators and if there is any, what is the nature of taken by them against such violators etc., ACTION TAKEN ON THE NEWS REPORT PUBLISHED IN THE TIMES OF INDIA DATED 08.06.2021 "VCK LEADER JOINS CHORUS AGAINST ILLEGAL DUMPING OF MEDICAL WASTE'
3. It is respectfully submitted that the in pursuance to the said NGT order dt.25.06.2021, the said area was inspected by the DEE, TNPCB, Maraimalai Nagar along with Padur Village Panchayat Secretary on 08.06.2021 and noticed that Solid waste along with Bio-Medical Waste was found dumped in a private patta open land near XS real Apartment-Helios City, Padur Village, Tiruporur Taluk, Chengalpattu District and the said site falls under the Administrative Jurisdiction of the Commissioner/BDO, Tiruporur Panchayat Union, Tiruporur, Chengalpattu District. About 41 kg of Bio-Medical Waste dumped in the said area was segregated from the solid waste, collected in plastic bags and sent to M/s. GJ Multicalve India Pvt Ltd for further treatment and disposal. The other solid waste found in the said site was removed by Padur Village Panchayat by their dedicated vehicle.Page 8 of 17
Further, it is reported that the vicinity of the area was inspected and found that there are 3 Nos. of Bedded Health Care Facilities and 10 Nos. of Non-bedded Health Care Facilities in operation. All the bedded and non-bedded HCFs has obtained consent of the TNPC Board / authorization under BMWM Rules, 2016.
4. It is respectfully submitted that the Padur Village Panchayat with a population of 5710 Nos. generates solid waste of about 2 T/day and is not having solid waste processing facility for handling the solid waste generated in their Village Panchayat area.
5. It is respectfully submitted that, an amount of Rs. 16 lakhs has been assessed as an interim environmental compensation for a period of 16 months (from April 2020 to July 2021) to the Padur Village Panchayat for not segregating and not properly disposing the solid wastes generated from the said panchayat area and not complying with the provisions of Solid Waste Management Rules, 2016 in pursuance to the Hon'ble NGT (PB) order dated 28.02.2020 & 02.07.2020 in O.A.No.606 of 2018.
6. It is respectfully submitted that the TNPCB has issued show cause notice under Section 5 of the Environment Protection Act, 1986, to the Secretary, Padur Village Panchayat vide Proceeding dated 17.08.2021 as to why the Board shall not levy an Interim Environmental Compensation of Rs. 16 Lakhs (from April 2020 to July 2021) for not properly carrying out the implementation of the Solid Waste Management Rules, 2016.
ACTION TAKEN ON THE NEWS REPORT PUBLISHED IN THE TIMES OF INDIA DATED 08.06.2021 "
ACTIVIST THIRU. PUGALVENTHAN VISITED A SPOT IN MEVALARKUPPAM NEAR SRIPERUMBUDUR".
7. It is respectfully submitted that the said site was inspected by the DEE, Sriperumbudur on 09.06.2021 and it was found that the municipal solid waste generated in the said area was dumped in the Mevalarkuppam Village, Sriperumbudur Taluk, Kancheepuram District along with some of the used masks and in this regard, the Block Development Officer, Sriperumbudur Page 9 of 17 Panchayat Union was instructed to take immediate action to remove the said municipal solid wastes dumped in that area.
8. It is further submitted that in order to prevent the illegal dumping of solid waste by the public in the said area, the Board vide letter dated 17.08.2021 has instructed the Block Development Officer, Sriperumbudur Taluk to comply with the following and to furnish the action taken/status report to the Board within a fortnight, i. The Sriperumbudur Panchayat Union shall apply erumbudur Panchayat Union shall apply and obtain authorization as per the Solid Waste Management Rules, 2016 immediately.
ii. The Sriperumbudur Panchayat Union 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.
iii. The Sriperumbudur Panchayat Union shall ensure that no solid wastes are dumped further within its jurisdiction.
ACTION TAKEN ON THE NEWS REPORT PUBLISHED IN THE NEW INDIA EXPRESS DATED 19.06.2021 UNDER THE CAPTION "BIOMEDICAL
WASTE DUMPED IN RESIDENTIAL ZONE IN CHENNAI;
NEAR THE ROAD TO THE DLF HOUSING COMPLEX AT THALAMBUR IN THE SUBURBS OF SOUTH CHENNAI
9. It is respectfully submitted that the said site was inspected by the DEE, TNPCB, Maraimalai Nagar on 19.06.2021 and it was noticed that used gloves of about 5 Kg was found dumped in the said area in question. The gloves were collected and handed over to M/s. G.J. Multicalve India Pvt Ltd for further treatment and disposal. Also, the surrounding area adjacent to the area in question was inspected on 23.06.2021 and reported that there are 13 Nos. of Non bedded HCFs and 1 No.of Bedded HCF in operation. Further, it was reported that, out of 13 Nos. of non-bedded HCFs, the Page 10 of 17 following HCFs are operating without one-time authorization under BMWM Rules, 2016 in the Thalambur area:
i. M/s. Apollo Diagnostic Centre, No.19, Pudhupakkam Main Road, Chengalpattu District -603 103.
ii. M/s Smile Dentistree Dental Clinic, Yashwanth Complex, No. 19, Chengalpattu District -603 103 iii. M/s. JO Clinic, No.918, Shop No.2, Hanuman Nagar, Siruseri Main Road, Thalamburkoot Road, Chengalpattu District- 600 130 iv. M/s Aplite Dental Clinic, No.9, 1st Floor, KVP Complex, Thalambhur, Main Road, Chengalpattu District - 600 130 V. M/s. ABC Medical Clinic, 3/139, Pudhupakkam Main Road, Thalambhur, Chengalpattu District -600130 In view of the above, the TNPCB has issued directions for closure and disconnection of power supply under Section 5 of the Environment (Protection) Act, 1986 as amended vide Board Proceeding dated 17.08.2021 to the said 5 Nos. of HCFs (non-
bedded) for operating the health care facility without obtaining one time authorization under the Bio Medical Waste Management Rules, 2016 and also for improper disposal of the bio medical waste generated from their facilities.
10. It is respectfully submitted that the above said 5 Health Care Facilities applied and obtained one-time authorization under Bio-Medical Waste Management Rules, 2016. Hence, the TNPCB has issued revocation of the closure direction and restoration of power supply under Section 5 of the Environment (Protection) Act, 1986 as amended to the HCFs vide Proceeding dated 27.08.2021.
11. It is respectfully submitted that the Thalambur Village Panchayat is having population of 16,200 Nos. and generates solid waste of about 3 T/day from its panchayat area. The said local body is not having solid waste processing facility for handling the solid waste generated in their Village Panchayat area and it is dumped opposite to Srinivasa Nagar, Thazhambhur Village area. Page 11 of 17
In view of the Hon'ble NGT order in O.A.NO.606 of 2018 (PB), an amount of Rs. 16 lakhs has been assessed as an interim environmental compensation for a period of 16 months (from April 2020 to July 2021) to the Thazhambur Village Panchayat for not segregating and properly disposing the solid wastes generated from the said panchayat area and thereby not complying with the provisions of Solid Waste Management Rules, 2016.
In this regard the Board has issued show cause notice under Section 5 of the Environment Protection Act, 1986, vide Board Proceeding dated 17.08.2021 to the Secretary, Thazhambur Village Panchayat as to why the Board shall not levy an Interim Environmental Compensation of Rs. 16 Lakhs (from April 2020 to July 2021) for not properly carrying out the implementation of the Solid Waste Management Rules, 2016.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) at Chennai may be pleased to take this Report on Record and pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice."
4. The respondents 9 & 10 in O.A. No.113/2021 (SZ) have filed a reply statement along with certain documents wherein, they have mentioned that though complaints were made to the District Collector and other officials, no effective steps have been taken and the Hon'ble High Court of Madras in W.P. No.5267 of 2021 and W.P. No.5616 of 2021 granted protection order in respect of the properties in Sy. No.80/4 and 80/6 in Thazhambur Village, Thiruporur Taluk. The respondents 9 & 10 also filed an application I.A. No.127 of 2021 (SZ) in O.A. No.113/2021 (SZ) to amend the name of the 10th respondent as "Adroit Thazhambur Page 12 of 17 Apartment Owners Association" instead of "Adroit Flat owners Association" and the application is allowed and the name of the 10th respondent is permitted to be amended and I.A. No.127/2021 (SZ) in O.A. No.113/2021 (SZ) is disposed of accordingly.
5. The Registry is directed to carry out the amendment in the cause title in O.A. No.113 of 2021 (SZ).
6. Mr. Lieutenant Colonel Ganesan S who wanted to come on record in O.A. No.113/2021 (SZ) as owner of the land where the dumping is being done submitted that he filed an application for impleading, but the office informed that the application is returned for some defect and then he submitted that he will look into that and rectify the mistakes and re-file the same.
7. The report submitted by the Joint Committee shows that they have taken water samples from the lake, but the report is awaited and on getting report, they will file the further report.
8. The learned counsel appearing for some of the private respondents submitted that dumping is being done in a private land which is not permissible and they will have to take steps to remove the same and disposal of the same in accordance with law.
9. The learned counsel appearing for the State Government and also the panchayat submitted that this being a village panchayat, they are finding difficulty with the income derived from by way of tax to meet Page 13 of 17 these aspects. It may be mentioned here that financial crisis or infrastructure insufficiency should not be a ground for discharging their statutory as well as constitutional mandate of protecting environment. If the panchayat is not having sufficient fund to create facility for disposal, they will have to approach the higher authorities seeking proper redressal for implementation of statutory provisions within their jurisdiction as has been held by the Hon'ble Apex Court in Municipal Council, Ratlam Vs. Vardichan (1980) 4 SCC 162 which has been repeated by the Hon'ble Apex Court in several cases whenever financial crisis or infrastructure deficiency were pointed in discharging their statutory obligations and held by the Apex Court that it should not stand in the way of discharging their statutory obligation and it is for the Government to look into the issue and provide necessary infrastructure as well as financial support for those purposes.
10. The District Collector, Chengalpattu is also having responsibility under Rule 12 of the Solid Waste Management Rules, 2016, if the local bodies within their jurisdiction are finding difficulty to implement the Solid Waste Management Rules, 2016 effectively and they will have to find out solution for implementing the same in its letter and spirit by providing necessary infrastructure or other support which is required for that purpose.
Page 14 of 17
11. The learned counsel appearing for the Pollution Control Board submitted that as regards the biomedical waste is concerned, they are conducting investigation as to who is responsible for the same and if it is traced out, they will take appropriate steps in co-ordination with the other law enforcing agencies. Further, they also submitted that some of the healthcare units are not having required authorization under the Biomedical Waste Management Rules, 2016 and against them, closure directions have been issued and they applied for the authorization and obtained later. As regards imposition compensation, it is under process. As regards non-implementation of the Solid Waste Management Rules, 2016 is concerned by the concerned panchayat, they have already issued certain directions and they also imposed environmental compensation of Rs.16 Lakhs which the committee report has also taken note of and directed the panchayat to remit the same.
12. The District Collector, Chengalpattu and the concerned local body are directed to file their independent report regarding the implementation of the Solid Waste Management Rules, 2016 within their jurisdiction and what are the steps taken by them for implementation of the same and if there is any gap, they are directed to take further steps in consultation with the higher officials, if there is any infrastructure or other support is required.
Page 15 of 17
13. The Block Development Officer, Thiruporur, Director of Rural Development and Panchayat Raj are directed to look into the issue and provide necessary support, both financial and technical, for the purpose of implementing the Solid Waste Management Rules, 2016 in their panchayat in an effective manner to avoid further complaints being received.
14. The committee as well as the Tamil Nadu Pollution Control Board are directed to consider the objection raised by the respondents 9 & 10 in the their reply statement and if the allegations are correct, they are directed to take appropriate steps to prevent the same in future.
15. The District Collector is directed to take steps to shift the dump yard to a different place as contemplated under the Solid Waste Management Rules, 2016 and disposal of the waste in a scientific manner as provided therein instead of dumping the same in a particular place for a period of month or so and thereafter, removing the same to dump yard.
16. The Pollution Control Board is directed to take steps in this regard, apart from the District Collector looking into the issue taking action as provided under Rule 12 of the Solid Waste Management Rules, 2016.
17. The above said officials are directed to submit their respective reports to this Tribunal on or before 27.10.2021 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. Page 16 of 17
18. The Registry is directed to communicate this order to the committee members in both the cases and official respondents including, Tamil Nadu Pollution Control Board, District Collector, Chengalpattu, Block Development Officer, Thiruporur, Director of Rural Development and Panchayat Raj by e-mail immediately so as to enable them to comply with the direction.
19. For consideration of further report, post on 27.10.2021.
Sd/-
....................................J.M. (Justice K. Ramakrishnan) Sd/-
...............................E.M. (Dr. K. Satyagopal) O.A. No.133/2021 & O.A. No.113/2021, 22nd September, 2021. Mn.
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