National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Government ... on 15 September, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No:10 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 124 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion SUO MOTU
Based on the News Item in Tamil Newspaper
Dinamalar Chennai Edition dated 15.07.2020,"Can anyone enter into to set
right? The trouble that has come for Sunnambu kolathur Lake?"
And
The Principal Secretary to Government,
Public Works Department,
Govt. Secretariat, Fort St. George,
Chennai 600 009. ...Respondent(s)
Date of Judgment: 15.09.2022
CORAM:
HON‟BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON‟BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): By Court
For Respondent(s): Dr. D. Shanmuganathan for R1 to R4, R6 to R8
Mr. S. Sai Sathya Jith for R5
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment. Pending interlocutory application, if any, shall stands disposed of.
Justice K. Ramakrishnan, J.M.
Dr. Satyagopal Korlapati, E.M.
O.A. No. 124/2020(SZ)
15.09.2022. Sr.
1
Item No:10 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 124 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion SUO MOTU
Based on the News Item in Tamil Newspaper
Dinamalar Chennai Edition dated 15.07.2020,"Can anyone enter into to set right? The trouble that has come for Sunnambu kolathur Lake?"
And
1. The Principal Secretary to Government, Public Works Department, Govt. Secretariat, Fort St. George, Chennai 600 009.
2. Additional Chief secretary to Govt. of Tamil Nadu, Revenue and Disaster Management Department, Govt. Secretariat, Fort. George Chennai, Tamil Nadu 600 009.
3. The Secretary to Govt. of Tamil Nadu Department of Environment, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu - 600 009.
4. Additional Chief secretary to Govt. of Tamil Nadu, Municipal Administration and Water Supply Department, Govt. Secretariat, Fort. George Chennai Tamil Nadu- 600 009.
5. The Chairman, Tamil Nadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai, Tamil Nadu - 600 032.2
6. The District Collector, Chengalpattut District, Collector Office, GST Road, Chengalpattu 603 001.
7. St. Thomas Mount Panchayat Union, Rep. by its Block Development Officer, 20, Chitlapakkam Main Road, Kamaraj Colony, Nehru Nagar, Chitlapakkam, Chennai 600 064.
8. Kovilambakkam Village Panchayat, Rep. by its Secretary, Vedachalam Nagar, Kulattur, Chennai, Tamil Nadu 600 117.
For Applicant(s): By Court
For Respondent(s): Dr. D. Shanmuganathan for R1 to R4, R6 to R8
Mr. S. Sai Sathya Jith for R5
Judgment Reserved on: 12th September, 2022.
Judgment Pronounced on: 15th September, 2022
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet - Yes.
Whether the Judgment is to be published in the All India NGT Reporter - Yes.
JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member
1. The above case was Suo-Motu registered by this Tribunal on the basis of the newspaper report published in Dinamalar Chennai City Supplement Edition dated 15.07.2020 under the caption "rPuikf;f ahuhtJ cs;Ns Eioa KbAkh? Rz;zhk;G nfhsj;J}u; Vupf;F te;j Nrhjid!" (Can anyone enter into the set right? The trouble that has come for Sunnambu Kolathur Lake) 3
2. It was alleged in the newspaper report that there were large scale encroachments into the Sunnambu Kolathur lake which was situated in Kovilambakkam. The lake was originally having an extent of 80 acres, which was under the control of Public Works Department.
3. It was a primary water source for agriculture activities in Vadakkupattu, Sunnambu Kolathur, Narayanapuram and Pallikaranai area. During past years farmers and village peoples were jointly safeguarding the lake by de-silting the lake and strengthening the banks of the lake once in twelve years. There after Public Works Department had undertaken the said work. But they were not even doing the minimum maintenance work. After the extension of South Chennai area, the encroachers started engulfing this lake and reduced the extent of the lake and approximately 20 acres of land was in the hands of the encroachers. Without getting any document for ownership of land, electricity, street light, Road and drinking water facilities had been provided to these encroachers by the concerned departments.
4. Further, the lake had become a dumping ground for garbage and waste as well.
The sewage water from the area encroached by the encroachers and other residents were also directly released into the water body without treatment. All these things were affecting the existence of the lake apart from polluting the water. Further illegal withdrawal of water was being done by the people in that locality without getting necessary permission from the authorities. It was alleged in the newspaper report that these encroachments were being done with the active connivance of the local political party leaders and the official respondents were reluctant to take action against the encroachers on account of this political support gained by the encroachers. Though a survey was carried out to identify the encroachment no steps have been taken by the Revenue authorities to remove the encroachment and recover and restore the water body to its original position. Though it was brought to the authorities, the authorities were not taking any action is the grievance raised in the newspaper report.
5. As per order dated 27.07.2020, since this Tribunal was satisfied that there arose a substantial question of environment which required the interference of this 4 Tribunal to protect the water body, this Tribunal admitted the matter and appointed a Joint Committee comprising of 1) The District Collector, Chengalpattu District or any other Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate designated by the District Collector. 2) Superintending Engineer of Public Works Department and Water Resources Organisation who is in charge of this area 3) The Block Development Officer, St. Thomas Mount, Panchayat Union 4) A Senior Officer designated by the Chairman Tamil Nadu State pollution Control Board and 5) Executive Officer/Secretary of Kovilambakkam Village Panchayat to inspect the area in question and submit a factual as well as action taken report if there was any violation found.
6. The committee was directed to ascertain i) the total extent of the area as per the revenue records and the extent of encroachments if any made, steps taken by the authorities to remove the encroachments, (ii) If there was any violation in respect of implementation of Solid Waste Management Rules, 2016, the source of such violations and action if any taken against the violators including imposing environmental compensation, (iii) To ascertain the quality of the water in the water body and if there was any contamination to find out the source and suggest the remedial measures to be taken to remedy the same and take action against the persons who were responsible for the same and submit an action plan with long term and short term measures with shorter time lines to protect the water body, (iv) To ascertain as to whether there was any scheme launched by the State Government or the District administration to restore the water body and if so its present stage of implementation and (v) To suggest the feasibility of creating bio-diversity parks/tree-planting around the banks of the water body, so as to protect the lake against the encroachment and pollution in future.
7. The Public Works Department was designated as the nodal agency for co-
ordination and also for providing all necessary logistics for this purpose.
8. The Tamil Nadu State Pollution Control Board was also directed to conduct independent inspection to ascertain as to whether there was any violation of the implementation of Solid Waste Mmanagement Rules, 2016 including dumping 5 of waste and discharging untreated sewage into the water bodies and also collect water samples so as to ascertain the present quality of the water and contamination, if any and if there is any contamination, find out sources for contamination and take action apart from assisting the committee in this regard.
9. The matter was taken up on 18.02.2021 and on that day, this Tribunal had considered the report submitted by the Joint Committee signed by one of the members on 02.11.2020, received on 18.02.2021 and extracted in Para (3) of the order which reads as follows:-
1 XXXX 6 7 8
10. After considering the report, this Tribunal had directed the Kovilambakkam Panchayat and Tamil Nadu Pollution Control Board to submit further report in this regard.
11. The committee was also directed to file a further report regarding the implementation of the recommendations made by the Joint Committee. The 9 official respondents including the District Collector-Chengalpattu District were also directed to file their independent action taken reports on the basis of the recommendations made by the Joint Committee. This Tribunal also directed the Principal Secretary for Public Works Department and Local Administration to take further follow up action in this regard and implement the recommendations made by the Joint Committee including removal of encroachments.
12. When the matter was taken up on 18.05.2022, this Tribunal expressed its displeasure regarding the manner in which the official respondents in not filing the report as directed and submitting proper report.
13. This Tribunal also directed the Additional Chief Secretary to Government for Environment, Climate Change and Forest Department and the Chief Secretary to Government, State of Tamil Nadu to look into the issue and directed the District Collector-Chengalpattu District and the Principal Secretary to Government for Revenue Department to look into the issue and render all assistance to the persons who were expected to take steps to remove the encroachments and submit a report and this Tribunal granted time till 25.07.2022 to the said officials to file the report and if they did not file the report, then the District Collector- Chengalpattu District was directed to appear in person to show cause as to why action should not be taken against them for not filing the report as contemplated under Section 25, 26 and 28 of the National Green Tribunal Act, 2010.
14. The matter was again taken up on 25.07.2022 and on that day, this Tribunal had considered the report submitted by the Superintending Engineer, Water Resources Department, Palar Basin Circle who is in charge of that body dated 23.07.2022, e-filed on the same day and extracted in Para (2) of the order which reads as follows:-
"2. The Sunnambu Kolathur Eri in S.F. No.429 of Sunnambu Kolathur Village of Sholinganallur Taluk is a tank maintained by the PWD/WRD with the storage capacity of 0.19 Mcm to feed the originally intended ayacut in 65.99 Ha. Its water spread area is 0.26 Sq. mile and has catchment of 0.44 Sq. mile. In view of the agglomeration of the Chennai City and the development of Sholinganallur tank has become IT hub, most of the ayacut has been converted as housing colonies and apartments.
3. As regards the directions made by this Hon'ble Tribunal dated 08.07.2022 in the above O.A., with regard to the encroachments, it is stated that the survey of the tank has been taken up and is in progress for identification of encroachments as of now. The WRD is co-ordinating with the survey works taken up by the survey officials in the impugned tank. When once the survey is completed and encroachments are identified, the concerned Tahsildar has to issue Form I and II as per the Tamil Nadu 10 Protection of tanks and Eviction of Encroachment Rules, 2007. The eviction process would be taken up in accordance with law by issue of Notices under Form III to the encroachers based on the particulars of encroachments etc. in Form I furnished by the Tahsildar after identification."
15. Thereafter, this Tribunal had passed the following order:-
"3.The Joint Committee has filed the report as early as on 18.11.2020 and e-filed on 18.02.2021. Even, in the Joint Committee report, there was a recommendation that the Revenue Department has to conduct a fresh survey to identify the encroachments and furnish the details to the Water Resources Department for taking action under the Tamil Nadu Lake Protection Act, 2007 within three months. Though the District Collector is also a member of the Joint Committee who signed the report, no independent report has been filed by them regarding the steps taken in compliance with the recommendations made by the Joint Committee to be carried out by the Revenue Department.
4. Even in the report submitted by the Water Resources Department, they have mentioned that this area has been now developed and it has become IT Hub and most of the ayacut area has been converted as housing colonies and apartments. But, it is not mentioned in the report as to whether there was any permission granted by the Government for transferring these lands in favour of such persons and if so, whether consent from the Water Resources Department has been obtained for conversion of the tank into other purposes against the notification issued by the Government itself and also against the directions issued by the Hon'ble High Court of Madras in T.K. Shanmugam Vs. State of Tamil Nadu & Ors.
5. Even in the Joint Committee report, they have not mentioned about the existence of any IT Hub or the nature of encroachments in the water spread area of the tank. They have only given a vague statement that certain recommendations have been made to be carried out by the concerned departments, though responsible officers have been directed to identify the encroachments, nature of encroachments and the extent of the water body as per the original revenue records etc.
6. The State Pollution Control Board also has not filed any report regarding the implementation of the Solid Waste Management Rules, 2016 and regarding dumping of waste in the water spread area and they have also not mentioned anything about the action taken for such violations, though the State Pollution Control Board is also part of the Joint Committee.
7. Time and again, this Tribunal was expressing its displeasure on the part of the regulators in not taking appropriate action for implementing the directions issued by this Tribunal in various cases of this nature and also by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018. But quite unfortunately, we are not seeing any proactive steps from the regulators. There is a responsibility on the Revenue Department also in protecting the water body against encroachment and this was reiterated by the Hon'ble High Court of Madras in several cases. Even, contempt proceedings have been initiated in certain cases for non- compliance of directions of rejuvenation of water body and restoration of the same. In spite of that no effective reports are being filed by the respective departments so as to enable this Tribunal to dispose of the case in an effective manner. This Tribunal can dispose of the case by giving directions, but unless, there is willpower on the part of the regulators to implement the same, it will be only a paper order and that will not achieve the purpose of initiating proceedings based on the newspaper report.
8. The Chief Secretary is directed to look into the issue and instruct the sub-ordinate officials to file their respective reports before the next hearing date, otherwise, the Tribunal will be compelled to take appropriate coercive steps against those officials who are not complying with the direction as contemplated under Section 25 r/w Section 26 & 28 of the National Green Tribunal Act, 2010, which we hope that the Chief Secretary will try to avert.
9. Further, the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 also directed the Chief Secretaries of all the States/Union Territories to look into the issue and in several matters like rejuvenation of polluted rivers stretches and pollution to the water bodies, similar directions have been issued to the Chief Secretary to monitor the directions issued and take proactive steps to protect the water 11 bodies by conducting review meetings periodically and giving necessary directions in this regard.
10. In spite of all the efforts taken by the Tribunal, the result is not to the expectation. In fact, non-compliance with the environmental laws of protecting water bodies by the regulating authorities which is part of the state machinery will amount to not discharging their constitutional obligation mandated under Article 48 A of the Constitution of India by the State and this also will amount to non-maintaining the Rule of Law of protecting environment. However, we are giving one more opportunity to the officials viz., the Block Development Officer - St. Thomas Mount Panchayat Union, District Collector - Chengalpattu District, Water Resources Department and the State Pollution Control Board to comply with the directions issued by this Tribunal regarding the action taken on the basis of the recommendations made by the Joint Committee.
11. They are directed to file their respective reports to this Tribunal on or before
16.08.2022 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, failing which, they are directed to appear before this Tribunal on the next hearing date to show cause as to show why action should not be taken against them for non-compliance of directions issued by this Tribunal as contemplated under Section 25 r/w Section 26 and 28 of the National Green Tribunal Act, 2010.
16. The matter was again taken up on 18.08.2022 and on that day granted time to the authorities to file the report till 26.08.2022 and if it was not filed within that time, then they were directed to pay a cost of Rs. 25,000/- (Rupees Twenty Five Thosuand Only).
17. When the matter was taken up on 12.09.2022, we have received a report submitted by the Superintending Engineer, Water Resources Department, Palar Basin Circle, Chennai dated 13.08.2022, e-filed on the same day which reads as follows:-
1 XXXX 12
18. The District Collector-Chennai District also filed a report dated 10.08.2022, e-
filed on 24.08.2022 which reads as follows:-
Status report filed by the District Collector, Chennai 1 XXXXX 13
19. The Tamil Nadu Pollution Control Board also filed a report signed by the officer on 26.08.2022, e-filed on the same date which reads as follows:-
Report filed on behalf of 5th respondent Tamil Nadu Pollution Control Board 1XXX...14 15 16
20. The Block Development Officer, St. Tomas Mount Panchayat Union also filed a report signed by the officer on 24.08.2022, e-filed on the same date which reads as follows:-
Report filed by the Block Development Officer, St. Thomas Mount Panchayat Union 1 XXX 17 18 19
21. Heard the counsel appearing for the respondents.
22. The counsel appearing for the official respondents submitted that actions have been taken on the basis of the Joint Committee report and works are in progress. As regards the encroachments are concerned notices have been issued and immediately after removal of encroachment they will take steps to protect the water body by providing necessary protective measures. The St. Thomas Panchayat Union was also taking all steps to implement the Solid Waste Management Rules, 2016 in its letter and spirit.
23. The counsel appearing for the Tamil Nadu Pollution Control Board submitted that there are certain violations of non-compliances by the Kovilampakkam Village Panchayat in implementing Solid Waste Management Rules, 2016 within their jurisdiction and there are violations of directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and they have assessed an Interim Environmental Compensation of Rs. 28 Lakhs (Rupees Twenty Eight Lakhs Only) and notice has been issued to the Block Development Officer, St. Thomas Mount Panchayat Union and they will strictly monitor the implementation of the same.
24. Considered the reports and submissions made by the counsel appearing for the official respondents.
25. The grievance in the newspaper report was regarding the encroachment into the 'Sunnambu Kolathur Lake' of Kovilambakkam and due to non-maintenance of the lake it has become a dumping ground of dumping waste and also discharge of sewage into the water body. The further grievance in the newspaper report 20 was that earlier the lake was having an extent of nearly 50 Acres, but subsequently it was reduced to 20 Acres due to encroachment which according to the newspaper reporter was due to the influence of the political party leaders and people were also getting electricity connection and other facilities exploring their political influence and the authorities were reluctant to take action against such people.
26. In order to ascertain the genuineness of the allegations made in the newspaper report, this Tribunal had appointed a Joint Committee and the Joint Committee had filed a report earlier wherein it was noticed that there was dumping of waste in the dump yard and it is adjacent to Sunnambu Kolathur Main Road in Survey No. 432 of Kovilambakkam Village Panchayat and it was not properly processed. It was also noticed that there was dumping of waste in the water body, in spite of the fact that a warning board was displayed stating that no dumping of solid waste to be made in the water body failure to comply with action to be initiated. Encroachments are also noticed to the water spread area of the water body and certain directions were issued and the recommendations were made which will have to be carried out by the respective authorities which were extracted by this Tribunal in the earlier paragraphs and as such we are not extracting the same again.
27. The latest report submitted by the Superintending Engineer, Water Resources Department, Palar Basin Circle and the District Collector-Chennai District that survey has been conducted and 842 encroachments have been identified and steps have been taken for the purpose of issuing Form I and Form II notices and it is for the Public Works Department to take appropriate action in this regard.
28. The report of the Tamil Nadu Pollution Control Board shows that there were non-compliance of the directions issued in respect of implementation of Solid Waste Management Rules, 2016 by the Kovilambakkam Village Panchayat Union and the legacy waste dumped near the Kovilambakkam Panchayat Union office and the same was transported to the dump site at Kolathur Village of Kattangaluthur Block, Chengalpattu District and they had already issued proceedings against the Block Development Officer, St. Thomas Mount Panchayat Union within whose jurisdiction the Kovilambakkam Village 21 Panchayat falls for imposing an Interim Environmental Compensation of Rs. 28 Lakhs (Rupees Twenty Lakhs Only) for the violation (from 01.04.2020 to 31.07.2022) as directed by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 (PB) and as and when the replies were received, they will take appropriate action in this regard and they will monitor the implementation.
29. The report of the Block Development Officer, St. Thomas Mount Panchayat Union shows that necessary directions have been issued to Kovilambakkam Village Panchayat and they were taking steps for collection/segregation and disposal of the waste as provided under the Solid Waste Management Rules, 2016. They have also detailed the manner in which it was being done. Proposal had been sent to Government through the District Collector-Chengalpattu District seeking permission to dump legacy waste after processing the wet waste and plastic waste at Perungudi dumping yard through R.C. No. 0753/2022/B1, dated 27.06.2022 for easy disposal and reduce expenses for effective management of Solid Waste facilities and that proposal was pending. They have also produced certain photographs to show the works undertaken by them for removal of the waste etc.,
30. It is seen from the reports that there are lot of encroachments and survey has been conducted and further steps will have to be taken. Further waste was dumped in the water spread area and that has been removed, but it was not properly processed by the Village Panchayat as required under the Solid Waste Management Rules, 2016. It is seen from the report of the Joint Committee that the water quality of the lake was conforming to the standards provided by the Central Pollution Control Board and there was no discharge of untreated sewage found as the presence of Total Coli Form and Faecal Coli Form are within the limits.
31. It is time and again reiterated by the Hon‟ble Apex Court and also various High Courts including Hon‟ble High Court of Madras, Principal Bench of National Green Tribunal and also this Bench, regarding the responsibility of the State to protect the water bodies against encroachment and pollution as part of protection of environment as mandated under Article 48(A) of the constitution of India. Further State Government has got a responsibility to provide clean 22 environment which includes providing clean water and air as part of „Right to Life‟ as guaranteed under Article 21 of the Constitution of India and this obligation has to be primarily discharged by the State machineries including the local bodies and the regulators. It is well accepted principle of environment that water bodies are not only acting as source for water for drinking and irrigation purposes, but also act as a water storing reservoir, natural rain water harvesting system and help the natural recharge of ground water level in those areas apart from acting as flood mitigation mechanism to collect more water that is generated during rainy season to avoid flood in the neighbouring areas.
32. In one of the matters, Hon‟ble Apex Court observed that merely because water bodies have become disused on account of negligence of not providing maintenance by the authorities it will not lose its character as water body and steps must be taken to restore and rejuvenate the same to its original position and on that ground the same cannot be used for any other purposes. Providing Pattas for lands which were recorded as water bodies in the Revenue records by the authorities was also deprecated by the Hon‟ble High Court of Madras in various decisions including in and directed the authorities to take steps to remove the encroachments by invoking the provisions of Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and rules framed there under. In spite of all these directions, action on ground for removal of encroachment and protecting the water bodies are moving at a slow pace.
33. The Hon‟ble High Court of Madras had passed strictures against the authorities heavily for not taking steps to remove the encroachments and protect the water bodies, so as to discharge their constitutional obligation of protecting environment. Even in some cases, the Hon‟ble High Court of Madras had initiated contempt proceedings and issued directions to pay a cost of Rs. 25,000/- (Rupees Twenty Five Thousand Only) if they did not file the reports containing the details. In spite of all these stringent measures taken by the Courts, the actions from the departments are not moving in the right direction as expected by the Courts and the Tribunal. Once the State machineries failed to discharge their obligation of protecting environment as 23 contemplated under Article 48(A) of the Constitution of India, then they are failing to discharge their duty to maintain environmental rule of laws which is highly essential for the purpose of protecting the life of the people. Any environmental degradation will result in health hazard to the people and it is the primary responsibility of the State to avoid health hazards being caused or experienced by the people on account of the lack of implementation of environmental laws by the regulatory authorities.
34. The Principal Bench of National Green Tribunal as well as the Special Bench of this Tribunal in several mattes reiterated that it is not possible for the Tribunal to monitor the implementation of statutory rules by the regulators and also monitor the discharge of statutory function of the regulators perpetually and it is for the authorities to take proactive role in implementing the environmental laws and protecting environment thereby discharging their onerous responsibility of protecting environment as mandated under Article 48(A) and Article 21 of the Constitution of India.
35. Further in O.A. No. 606 of 2018, the Principal Bench of National Green Tribunal, New Delhi had interacted with Chief Secretary to Government, States including State of Tamil Nadu and disposed of the case relating to each State by separate order recording the undertaking given by the respective Chief Secretaries and directed the Chief Secretary to monitor the implementation of the direction by appointing a committee at Secretary level and conduct periodical review meetings by the Chief Secretary. So there is no meaning in keeping the case for long time and monitor the implementation by giving series of directions and expressing its displeasure on the part of the authorities, in not discharging the duties as expected.
36. Since it is not possible for the Tribunal to monitor the implementation of the statutory rules and discharge of the functioning of the statutory-cum regulatory authorities perpetually as it is for them to take appropriate steps to protect the water body and implement the environmental laws, We feel that the application can be disposed of by issuing following directions:-
i. The District Collector, Chennai District in coordination with the Water Resources Department is directed to survey the 24 'Sunnambu Kolathur Lake' as per original revenue records and identify the unauthorised encroachments and take steps to remove the encroachments and after removing the encroachments, Water Resources Department is directed to take steps to provide protective mechanism by providing bio- fencing or planting green cover or other scientific methods and they must also take necessary action to strengthen the bunds and this direction will be subject to the directions already issued and to be issued by the Hon‟ble High Court of Madras in respect of removal of encroachments and protection of water bodies in the Writ Petitions, if any, pending in respect of this particular lake as well.
ii. The Water Resources Department is directed to ascertain as to whether there were any inlets or outlets existed for carrying excess water to the water body and if it was encroached, they are directed to take steps to remove encroachments and restore the inlets, outlets and also water ways if any provided so that free flow of water during monsoon can be ensured and this will increase the water storing capacity of the lake as well. iii. The Water Resources Department is directed to deepen the water body, strengthening the bunds and provide necessary protective measurements by creating bio-diversity park around the lake so as to avoid encroachment and pollution in future.
iv. The Water Resources Department is also directed to carry out the periodical maintenance of de-silting of the lake and clean the water body by removing weeds, hyacinths or other plants that are likely to grow in the water body which will affect the water quality and have impact on the aquatic life in the water body.
v. The Water Resources Department is also directed to carry out the regular maintenance of the inlets and the outlets of the water body, so as to ensure free flow of water during monsoon period.25
vi. The Water Resources Department is directed to take steps to protect „Sunnambu Kolathur Lake' against encroachment and dumping of waste and prevent pollution being caused to the water body in that area and if there is any violation found, they are directed to take appropriate action against those Institution/Individuals to remove the encroachment and protect the water bodies against encroachment in future and pollution by taking appropriate action in accordance with law. vii. The Block Development Officer, St. Thomas Mount Panchayat Union and the Executive Officer, Kovilambakkam Panchayat Union are directed to strictly implement the Solid Waste management Rules, 2016 of collection, segregation and disposal of the waste as provided under the Solid Waste Management Rules, 2016 in its letter and spirit and take all necessary steps to prevent dumping of waste on the road side or in the water body and take appropriate action against those persons who are responsible for the same by imposing necessary penalty apart from initiating prosecution in accordance with law.
viii. The District Collector-Chennai and Chengalpattu District within whose jurisdiction Kovilambakkam Village Panchayat falls are directed to take steps to provide necessary assistance to Kovilambakkam Village Panchayat, Block Development Officer, St. Thomas Mount Panchayat Union to get proper area for carrying out their waste management facility as required under Solid Waste Management Rules, 2016 and if any proposal has been submitted by the Panchayat Union, they are directed to take steps to expedite the same at the earliest. ix. The District Collector-Chengalpattu and Chennai District are also directed to monitor the implementation of the Solid Waste Management Rules, 2016 as required under Rule 12 of the said rules by Kovilambakkam Village Panchayat and if there any gap found, the respective District Collector is directed to provide necessary assistance to them to resolve the issue permanently. The Principal Secretary to Government for Rural 26 Development & Panchayat Raj and Directorate of Rural Development and Panchayat Raj Department are directed to monitor the implementation of Solid Waste Management Rules, 2016 within the jurisdiction of Kovilambakkam Village Panchayat and if there is any proposal is pending as forwarded by them in respect of identification of the land or creating waste management facility, they are directed to expedite the same and issue necessary administrative as well financial sanction if any required in this regard, so as to enable the Panchayat Union to carry out the same in an effective manner and that should not be stalled on account of want of funds. x. In similar matters the Tribunal has directed the Chief Secretary to Government, State of Tamil Nadu to constitute a committee comprising of Additional Chief Secretary to Government for Municipal Administration and Water Supply Department as Chairman, Additional Chief Secretary to Government for Finance or his nominee, Additional Chief Secretary to Government for Water Resources Department, Principal Secretary to Government for Revenue and Disaster Management to monitor the implementation of the directions issued by this Tribunal in respect of implementation of Underground Sewage Scheme and implementation of Solid Waste/Liquid Waste/other Waste Management Rules and directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and various directions issued by this Bench, and other matters relating to protection of water bodies and if there is any gap found, then they were directed to issue necessary directions to the respective stakeholder departments so that they could rectify and resolve the same in an effective manner, so that the directions issued by the Tribunal for protecting water body can be effectively implemented by the respective stakeholders in its letter and spirit. This issue may also be referred to the said committee.27
xi. The Chief Secretary to Government is also directed to conduct review meeting with the stakeholder departments as directed by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and also various decision of this Bench including Special Bench in respect of such issues and if there is any gap found, then they are directed to take steps to fill up the gap and ensure that the directions issued by this Tribunal are strictly implemented in its letter and spirit.
xii. The Registry is directed to communicate this order to the official respondents including the Block Development Officer, St‟ Thomas Mount Panchayat Union, District Collector-Chennai and Chengalpattu District, Chairman- Tamil Nadu Pollution Control Board, Directorate of Rural Development and Panchayat Raj Department, Director of Municipal Administration, Principal Secretary to Government Rural Development & Panchayat Raj, Additional Chief Secretary to Government for Water Resources Department, Additional Chief Secretary to Government for Environment, Climate Change and Forest Department and also to the Chief Secretary to Government, State of Tamil Nadu for their information and compliance of directions.
37. With the above observations and directions, the Original Application is disposed of.
Sd/-
..........................................J.M. (Justice K. Ramakrishnan) Sd/-
......................................E.M. (Dr. Sathyagopal Korlapati) O.A. No.124/2020 15.09. 2022. Sr. 28