National Green Tribunal
National Green Tribunal Southern Zone vs The District Collector Chennai ... on 29 August, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.01 Court No.1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 41 of 2020 (SZ)
(through video conference)
IN THE MATTER OF:
Tribunal on its own motion SUO MOTU
Based on the News Item in the Times of India
Chennai edition dated 17.02.2020,
"Choking Waterways."
And
The District Collector,
Chennai District,
District Collectorate Office,
No. 62, Rajaji Salai, 4th Floor,
Chennai - 600 001,
Tamil Nadu, India ....Respondent(s)
Date of Judgment: 29.08.2022
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, R4 to R7, R10 & R11,
Mr. S. Sai Sathya Jith for R2
Mrs. P.T. Rama Devi for R3
Mr. R. Purushothaman represented
Mr. P. Srinivas for R8, R9 & R12
Mr. Gautam S. Raman for R13
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. Sd/-
Dr. Satyagopal Korlapati, E.M.
O.A. No. 41/2020(SZ)
29.08.2022. Sr.
1
Item No.01 Court No.1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 41 of 2020 (SZ)
(through video conference)
IN THE MATTER OF:
Tribunal on its own motion SUO MOTU
Based on the News Item in the Times of India
Chennai edition dated 17.02.2020,
"Choking Waterways."
And
1. The District Collector,
Chennai District,
District Collectorate Office,
No. 62, Rajaji Salai, 4th Floor,
Chennai - 600 001,
Tamil Nadu, India.
2. The Chairman,
Tamil Nadu Pollution Control Board,
Anna Salai, Guindy,
Chennai - 600 032,
Tamil Nadu, India.
3. The Commissioner,
Greater Chennai Corporation,
Rippon Building, Chennai - 600 003,
Tamil Nadu, India.
4. The Member Secretary,
Chennai Rivers Restoration Trust,
6/103, Dr. D.G.S. Dinakaran Salai,
Raja Annamalaipuram,
Chennai - 600 028.
5. Engineer in Chief (Water Resources Organisation), and Chief Engineer (General), Public Works Department, Chepauk, Chennai - 600 005.
6. The District Collector, Collector Office, GST Road, Chengalpattu - 603 001.
27. The District Collector, First Floor, Collecotorate, Kancheepuram - 631 501.
8. The Commissioner, Pammal Municipality, Doctor Ambedkar Salai, (Pozhichalur Salai), Pammal, Chennai, Tamil Nadu - 600 075.
9. The Commissioner, Pallavaram Municipality, 3rd Main Road, Pallavapuram, Shastri Colony, Chrompet, Chennai , Tamil Nadu - 600 044.
10. The Commissioner, Kundrathur Municipality, No.1, Lalachatram Road, Kundrathur, Chennai - 600 069.
(R10 is substituted as per the order of the Tribunal dt: 25.07.2022)
11. The Executive Officer, Thiruneermalai Town Panchayat, 6/A, Thiruneermalai Main Road, Thiruneermalai, Chennai - 600 044.
(R6 to R11 Suo-Motu impleaded as per order of Tribunal dt: 17.03.2021)
12. Tambaram Municipal Corporation, Rep. by its Commissioner, No. 1, Muthruranga Mudali Street, Tambaram West, Chennai - 600 045.
(R12 Suo-Motu impleaded as per order of Tribunal dt: 07.02.2022)
13. Chennai Metropolitan Water Supply and Sewerage Board, Rep. by its Managing Director, No. 75, Santhome High Road, M.R.C. Nagar, R.A. Puram, Chennai - 600 028.
(R13 Suo-Motu impleaded as per order of
Tribunal dt: 12.04.2022)
...Respondent(s)
3
For Applicant(s): By Court
For Respondent(s): Dr. D. Shanmuganathan for R1, R4 to R7, R10 & R11,
Mr. S. Sai Sathya Jith for R2
Mrs. P.T. Rama Devi for R3
Mr. R. Purushothaman represented
Mr. P. Srinivas for R8, R9 & R12
Mr. Gautam S. Raman for R13
Judgment Reserved on: 03rd August, 2022.
Judgment Pronounced on: 29th August 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 news paper report published in the Times of India, Chennai Edition dated 17.02.2020 under the caption "Choking Waterways". The reports consisted of a photograph with caption, "In blatant disregard for the environment, chemicals and sewage are being diverted into the Adyar River behind the Chennai airport. The high chemical content is leading to foam being formed in the water body.
2. When the matter was taken up on 20.02.2020, this Tribunal had considered the fact of huge foam formed along the sea shore at the point where the mouth of Adyar River reaches the sea and considering the responsibility of the local bodies and Government instrumentalities in protecting the environment came to the conclusion that there arose a substantial question of environment which required the interference of the Tribunal and admitted the matter.
3. This Tribunal also considered Suo - Motu case registered by the Principal Bench of National Green Tribunal, New Delhi as O.A. No. 1029 of 2019 (PB) 4 taken on the basis of the newspaper item on Instagram „BBC News‟ dated 03.12.2019 showing huge collection of foam at Marina Beach Chennai and also on the basis of the newspaper report published in the „New Indian Express‟
4. On that date this Tribunal appointed a Joint Committee comprising of (1) the District Collector, Chennai District, (2) Official from the Chennai River Restoration Trust, (3) the Commissioner-Greater Chennai Corporation and (4) Chairman from Tamil Nadu Pollution Control Board to inspect the area in question including the beach confluence area where Adyar river reaches the sea and submit a factual as well as action taken report before this Tribunal to remedy the situation.
5. The committee was directed to trace out the violators who were committing this mischief and if they were traced out, directed them to take action against those persons including initiation of prosecution and imposing environmental compensation and that must be made mention of in the report.
6. The Commissioner, Greater Chennai Corporation was designated as the nodal agency for coordination and also for providing all necessary logistics for this purpose.
7. The matter was adjourned to a future date for enabling the committee to file the report and the official respondents to file their response regarding the allegations made in the newspaper report.
8. The matter was taken up on 09.09.2020 and on that day this Tribunal had considered the report received from the Commissioner, Greater Chennai Corporation stating that the Adyar river in question is under the management and control of the Public Works Department and they are unnecessary party to the proceeding. So this Tribunal Suo-Motu impleaded the Chief Engineer, Public Works Department and Water Resources Department, Chennai as additional 5th respondent and Greater Chennai Corporation was deleted from the party array.
59. Thereafter, this Tribunal had re-constituted the committee substituting Chief Engineer, Public Works Department and Water Resources Department, Chennai in the place of Commissioner, Greater Chennai Corporation and he was substituted as the nodal agency for coordination.
10. Thereafter, the matter has been adjourned from time to time either at the request of the parties or by notifications.
11. The Principal Bench of National Green Tribunal, New Delhi in O.A. No. 1029 of 2019 (PB) wherein the Principal Bench as per order dated 03.12.2019 appointed a Joint Committee consisting of (1) a Scientist from Central Pollution Control Board, Regional Office, Bengaluru and (2) Joint Environmental Engineer, (Monitoring), Tamil Nadu State Pollution Control Board, Chennai Zone to look in to the issue regarding collection of foam at Marina Beach, Chennai and the Joint Committee appointed in that case has filed a report dated nil before which reads follows:-
6 7 8 912. The matter was taken up on 17.03.2021 and on that day, this Tribunal had considered the Joint Committee report dated Nil, e-filed on 17.03.2021 and extracted in Para (3) of the order which reads as follows:-
The Committee constituted by the Hon'ble National Green Tribunal has inspected the subject area on 16.02.2021.
Officers Present:
1. Er.C.Podupanithilagam, M.E., Executive Engineer, W.R.D., P.W.D., Kosasthalayar Basin Division, Thiruvallur.
2. Mr. V.Ravi.
Revenue Division Officer (i/c), Central Chennai Division, Chennai 600101.
3. Er. P.Selva Ilavarasi., Assistant Executive Engineer, Tamilnadu Pollution Control Board- Chennai District, Arumbakkam, Chennai.
4. Er. S. Senthil Kumar, Assistant Engineer, Tamilnadu Pollution Control Board, Maraimalai Nagar.
5. Dr.S.Viswanathan, Environmental Scientist, Chennai River Restoration Trust,Chennai The following observations were made by the committee during the site visit:
Adyar River starts from Adhanur tank surplus course in Sriperumbudur Taluk at about 15 kilometres west of Tambaram in South Chennai. This Adayar river runs to a length of 42 Km and finally confluence into Bay of Bengal. The catchment area of the river is 1081.4 square kilometres. The bed width ranges from 25 m to 400 metres. It flows for 24 kilometres in the Chennai Metropolitan area including about 15 kilometres within the Chennai district before draining into the sea. Due to sewage contamination, the river gets polluted and murky in nature and with debris and solid waste deposits, the river rises up easily even with mild rainfall.
The Adayar river restoration work is being done by the Public works Department with the financial aid of Chennai River Restoration Trust. Adayar River carries sewage / sullage water and contaminate the Adayar river eco-system.
It is submitted that the following inlet drains confluence into Adayar river between Manapakkam bridge and Thiruneermalai bridge comprising the Adayar river stretch behind Chennai Airport.
i) Manapakkam Channel:
The Manapakkam channel, which originates from sluice No.5 of Chembarampakkam Tank in Kundrathur taluk of Kancheepuram District, collects the flood surplus of the adjoining areas and discharge into Adayar River near Manapakkam village. The channel confluence into the left bank of Adayar river behind the Chennai Airport. The channel passes through thickly urbanised areas like Manapakkam, Kolapakkam and Madananthapuram. It is observed that the channel discharge the water with heavy foam formation into the Adayar river. Tamil Nadu Pollution control Board was requested to take the samples to verify whether if any hazardous chemicals present in the water due to any unauthorised industrial waste water discharge. Further, during the inspection the Manappakam channel at Manapakkam village, a private construction company let the muddy water into the channel during its construction activity. The Assistant Engineer, PWD and Tamil Nadu Pollution control Board were instructed to give notice to the construction company to stop the muddy water immediately and take necessary legal action. It is necessary to provide adequate drainage system in the above municipal areas and underground sewage system.
10ii) Manickam Odai:
It is observed that, the sewage / sullage water and effluents from the nearby residents and small scale industries in the Pallavaram and Pammal municipality limits are being let into the Manickam Odai and confluence into Adayar river near Meenambakkam Airport compound wall in Cowl Bazaar. The water in the confluence point of Manickam Odai found contaminated and the Tamil Nadu Pollution control Board, Maraimalai Nagar was requested to take the samples for further investigation. It is necessary to provide adequate drainage system in the above municipal areas and underground sewage system.
iii) Karima Nagar Odai:
It is observed that, the sewage / sullage water and effluents from the nearby residents and small scale industries in the Kundrathur Village Town Panchayat limits are being let into the Karima Nagar odai and confluence into Adayar river near Irandaam Kattalai Village. During the inspection, the raw textile waste water from the Perla Textiles processor industry was being let into the Karima Nagar odai and the committee immediately stopped the waste water. The committee instructed the Tamil Nadu Pollution control Board, Sriperumbudur to take appropriate action on the industry and impose environmental compensation. The water in the confluence point of Karima Nagar Odai found contaminated and the Tamil Nadu Pollution control Board officials requested to take the samples for further investigation. It is necessary to provide adequate drainage system/ Effluent Treatment Plant in the above municipal areas and underground sewage system.
iv) Nattu Kalvoi :
It is observed that, the sewage / sullage water and effluents from the nearby residents and small scale industries in the Thiruneermalai Village Town Panchayat limits are being let into the Nattu Kalvoi and confluence into Adayar River near Sankar Nagar in Pammal Village. During the inspection, Tamil Nadu Pollution control Board stated that effluent generated from the leather industries in and around Naagalkeni village is being treated in the Common Effluent Treatment Plant and after treatment let into the Nattu Kalvoi. The committee instructed Tamil Nadu Pollution control Board, Maraimalai Nagar to take water samples and report whether treated effluent meets the standard. It is necessary to provide adequate drainage system/ Effluent Treatment Plant in the above municipal areas and underground sewage system.
The committee finally inspected the Adyar river estuary. Tamil Nadu Pollution Control Board, Chennai was requested to take the samples in the estuary for further investigation.
The Tamil Nadu Pollution Control Board officials were instructed to collect the water sample to ascertain the water quality of the Adayar river to find out as to whether it confirms to standard provided which must include the quantity of E-coli, Total coliform (Tc) and Fecal coliform. The committee requested the TNPCB officials to give the necessary report on water samples collected at various points of Adayar river and action taken report on defaulters found during inspection.
Based on the inspection by the Committee, the following necessary short term and long term action plan actions are suggested to take in short term and long term through various departments to mitigate the environmental damage to the Adayar river through various inlet drains.
SHORT TERM PLAN
DESCRIPTION TIME
S.No. DEPARTMENT
OF WORK SCHEDULE
i) Plugging the Executive Engineer, 3 months
1 sewage/sullage Greater Chennai
water being let into Corporation &
the Manapakkam Executive Engineer,
channel. CMWSSB.
ii) Plugging the The Commissioner, 3 months
sewage/sullage Pammal Town
water being let into Municipality & Chief
the Manickam Executive Officer,
Odai. Cantontment Board,
St.Thomas Mount Cum
Pallavaram.
11
iii) Plugging the The Commissioner, 3 months
sewage/sullage Kundrathur Town
water being let into Municipality.
the Karaima Nagar
Odai.
iv) Plugging the The Commissioner, 3 months
sewage/sullage Thiruneermalai Town
water being let into Municipality.
the Nattu Kalvoi.
2 Appropriate action District Environmental 2 months
on the polluting Engineer, TNPCB,
industries and Maraimalai Nagar and
impose Sriperumpudur.
environmental
compensation.
LONG TERM PLAN
i) 1 Providing necessary The Commissioner, 2 YEARS
drainage/ Underground Pammal Town
sewage System for Municipality & Chief
Manapakkam,Kolapakka Executive Officer,
m, Madananthapuram Cantontment Board,
areas. St.Thomas Mount
Cum Pallavaram.
ii) Providing necessary The Commissioner, 2 YEARS
drainage/ Underground Pammal Town
sewage System for Municipality & Chief
Pallavaram and Pammal Executive Officer,
areas. Cantontment Board,
St.Thomas Mount
Cum Pallavaram.
iii) Providing necessary The Commissioner, 2 YEARS
drainage/ Underground Kundrathur Town
sewage System for Municipality
Kundrathur and
Irandaam Kattalai
areas. Necessary
Effluent treatment Plant
should be established.
iv) Providing necessary The Commissioner, 2 YEARS
drainage/Underground Thiruneermalai Town
sewage System for Municipality
Thiruneermalai areas.
Necessary Effluent
treatment Plant should
be established.
Executive Engineer, PA to RDO,
W.R.D., P.W.D., South Chennai
Kosasthalayar Basin Division,
Division, Chennai District.
Thiruvallur.
Assistant Engineer Assistant
Tamilnadu Pollution Environmental
control Board Engineer
MM Nagar district Tamilnadu Pollution
MM Nagar. control Board
Chennai district
Chennai
Environment Scientist,
Chennai River Restoration
Trust
Chennai
12
13. Thereafter, this Tribunal had passed the following order :- "4. It is seen from the report that the storm water drain carries sewage and other effluents to Adayar River passing through several areas and there are other drains also carrying storm water mixed with sewage and effluent joining the Adayar River which ultimately causes water contamination in the Adayar River. It is also mentioned in the report that Manapakkam Channel which is in Kundrathur taluk of kancheepuram District Manickam Odai which passes through Pallavaram and Pammal Municipalities limits, Karima Nagar odai in Kundrathr village Town Panchayat, Nattu Kalvoi in Thiruneemalai village are all joining the Adayar River and certain directions have been given to the Pollution Control Board by the Joint Committee to take water samples from these channels to ascertain the pollution level of the water with specific reference to total coliform and faecal coliform so as to ascertain whether there is any contamination caused on account of discharge of untreated sewage etc. It is also mentioned in the report that in Manapakkam Channel from the private construction area, muddy water is being discharged into the channel which caused some pollution to the water carried in the channel which ultimately reaches the River Adayar and instructions have been given to the Tamil Nadu Pollution Control Board to give notice to the construction company to stop discharge of muddy water immediately and take appropriate action against them. In the report certain short term measures have been provided which will have to be carried out by Executive Engineer, Greater Chennai Corporation and the Executive Engineer, Chennai Metropolitan Water Supply and Sewage Board, Commissioner, Pammal Town Municipality and Chief Executive Officer Cantonment Board, St. Thomas Mount cum Pallavaram. The Commissioner, Kundrathur Town Municipality, Commissioner, Thirunermalal Town Municipality and the Pollution Control Board which will have to be completed within 3 months and long term measures are being provided for doing certain things for which 2 years time has been provided. So, it is necessary to recall our order deleting Greater Chennai Corporation from party array and they will have to be retained in the party array. So, the above is recalled and original 3 rd respondent is restored to the party array. It is also necessary to implead District Collector, Chengalpet, District Collector Kancheepuram, Commissioner, Pammal Municipality, Commissioner Pallavaram Municipality, Executive officer, Kundrathur Town Panchayat and Executive officer Thiruneermalal Town Panchayat as additional respondents 6 to 11 respectively.
5. The office is directed to carry out the amendment. Dr. V.R. Thirunarayanan through M ManiGopi entered appearance for additional respondents 6 and 7, Mr. P. Srinivas through Mr. N.K. Ponraj entered appearance for additional respondent 8 and 9 and Mr. ManiGopi entered appearance for additional respondents 10 and 11. Service is complete..
6. The Pollution Control Board is directed to take steps to collect water samples and conduct analysis to ascertain as to whether any untreated sewage or industrial effluent is being discharged into the channels mentioned in the Joint Committee report and if any violations has been noted by them, they are directed to take appropriate legal action against those persons who are responsible for the same. Local Bodies mentioned above who were expected to carry out short-term as well as long-term measures mentioned in the report are also directed to file their independent response regarding the allegations made in the report and also in the newspaper report on the basis of which above suo motu case has been registered.
7. Since the area covers larger parts, in different districts, we feel it appropriate to re-constitute the Committee by including District Collector, Chengalpet and Kancheepuram or any senior officer not below the rank of Assistant Collector or Sub-Divisional Magistrate to be designated by them.
The Commissioners of Pammal and Pallavaram Municipalities, Executive officers of Kundrathur Town Panchayat and Thiruneermalal Town Panchayat are also made part of the Joint Committee so as to look into the compliance of the directions issued by Joint Committee already appointed by this Tribunal, the progress of the work, after getting the water analysis reports, take appropriate remedial measures as to how this will have to be rectified if any contamination is found and submit a further report to this Tribunal on or before 17.05.2021 by e-filing in the form of Searchable 13 PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
8. The Registry is directed to communicate this order along with newspaper report and the Joint Committee report to the newly impleaded respondents and also to official respondents including Greater Chennai Corporation as we have restored them to party array in view of the recommendations made by the Joint Committee report and to the members of the re-constituted Committee by e-mail immediately so as to enable them to comply with the directions
9. The Local bodies are directed to file independent action taken report to resolve this issue which they are expected to carry out in their respective areas apart from joining as member of the Committee for carrying out the restoration work."
14. Thereafter the matter has been adjourned from time to time either at the request of the parties or by notifications.
15. This Tribunal by the earlier order impleaded the District Collectors of Chengalpattu and Kancheepuram District, Commissioners of Pammal and Pallavaram Municipalities and Executive Officers of Kundrathur Town Panchayat and Thiruneermalai Town Panchayat and Commissioner-Tambaram City Municipal Corporation as additional respondents 6 to 12 respectively. The 12th respondent was inmpleaded later after Pammal Municipality, Pallavaram Municipality and Thiruneermalai Town Panchayat were merged with newly formed as Tambaram City Municipal Corporation. The order deleting Greater Chennai Corporation was reviewed and they were reinducted in the party array.
16. The Greater Chennai Corporation has filed a status report through the Superintending Engineer, Storm Water Drain Department dated 29.03.2022, e-filed on 01.04.2022 wherein they have stated that they have amended the Municipal Corporation Act increasing the fine amount for letting untreated sewage into the storm water drain and Chennai Metropolitan Water Supply and Sewerage Board is taking steps to plug the illegal sewer connection in zone number 1 to 15 and they were also conducting regular inspection for plugging of illegal sewer connection and imposition of fine under CRRT Project, Chennai Metropolitan Water Supply and Sewerage Board is taking necessary action for plugging of the illegal sewage connection let into Adyar river and for construction of interceptors and modular STP.
1417. As per order dated 28.07.2021, this Tribunal also re-constituted the committee including the District Collectors of Chengalpattu and Kancheepuram and the Commissioners of Pammal and Pallavaram Municipalities and Executive Officers of Kundathur and Thiruneermlai Town Panchayats and directed them to file the report.
18. The matter was taken up on 07.02.2022 this Tribunal expressed its displeasure in not filing the reports by the Joint Committee, respective local bodies and also to the regulators.
19. Thereafter, this Tribunal by order dated 12.04.2022 Suo-Motu impleaded Chennai Metropolitan Water Supply and Sewerage Board as additional respondent to the proceeding and directed them to file the report.
20. The matter was taken up on 20.05.2022 and on that day, this Tribunal had considered the report submitted by the Commissioner, Tambaram City Municipal Corporation dated 18.05.2022, e-filed on 19.05.2022 and extracted in Para (3) of the order which reads as follows:-
"2. COMPLIANCE OF THE DIRECTION It is respectfully submitted that in due compliance of the orders of the Hon'ble National Green Tribunal, the following steps were taken by the Tambaram Corporation and the same is submitted for the consideration of this Hon'ble Tribunal.
Plugging of Discharge of Sewage/sullage into the Manickam Odai:
1. With regard to letting out of Sewage/Sullage Water into the Manickam Odai in the Pallavaram and Pammal Areas which are newly areas to the Tambaram Corporation it is submitted that Under Ground Sewage Schemes are completed and in usage at Pallavaram Area and in respect of certain unserved areas and tail end streets, the works are at advanced stage and they will be completed by June 2022 and after that letting out of Sewage/Sullage Water will be completely stopped from the Pallavaram Area.
2. With regard to Pammal and Anakaputhur areas which are newly added to the Tambaram Corporation, underground drainage Scheme construction was started in Dec - 2021 with an estimated amount of 211.15 Crores and the work is going on at these 4 Zones with 3 Pumping station, 1 Lifting station, 1 STP followed by pipe lines for 100 Kms and pumping line for 6 kms. As of now Zone 2 work has been started and all the UGD & Sewer Pipe line work will be completed by the year 2023.
Plugging of Discharge of Sewage/sullage into the Naattukalvai:
151. With regard to letting out of Sewage/Sullage Water into the Nattu Kaivai in the Thiruneermalai Area which is a newly added area to the Tambaram Corporation it is submitted that totally there are 16 households are there in the said area and as of now the generated waste water from the households are disposed through individual septic tanks. Further the said area was inspected by the Sanitary Inspector in the second week of May and during inspection it was found that the houses are letting only the Rain Water into the Nattu Kalvai.
With regard to the implementation of UGSS Scheme in the newly added areas it is submitted that the Tambaram Corporation has taken action for implementing UGSS in all uncovered areas of Sembakkam, Chitlapakkam, Thiruneermalai, Peerkankaranai, Perungalathur and Madampakkam. The said areas are all newly added areas to the Tambaram Corporation and they were all formerly Municipality and Town Panchayats having low density of population. The Detailed project report Preparation is in progress with Tamil Nadu Urban Infrastructure Financial Services Limited for implementation of UGSS scheme in the above said uncovered areas."
21. This Tribunal had directed the Chennai Metropolitan Water Supply and Sewerage Board and Tamil Nadu Pollution Control Board to file their respective reports.
22. The matter was taken up on 31.05.2022 and on that day this Tribunal had considered the report submitted by the Chennai Metropolitan Water Supply and Sewerage Board dated 30.05.2022, e-filed on the same date. Thereafter, this Tribunal had passed the following order:-
"4.It is seen from the report that as regards the Alandoor Municipality area is concerned, certain works have been started and as regards the UGSS of Mugalivakkam area is concerned, they have achieved 46% and they are expected to complete the entire scheme by September 2023. As regards the Manapakkam UGSS work is concerned, they have completed 50.68% and the remaining work will be expected to be completed by September 2023. As regards Kundrathur Municipality is concerned, they will be taking steps to plug the unauthorized inlets of sewage into the storm water drain and it is in the process of DPR for providing UGSS in that area and they require 12 months time for completion of preparation of DPR and once the DPR is completed, they will have to take some time for completion of the work itslef.
5. It is quite unfortunate that such issues are recurring and these issues are also being published in the newspapers as well. In spite of the same the regulators and the State Government officials are not taking proactive steps at appropriate time by providing necessary allocation of funds for implementing such schemes which are required for the purpose of protecting enviroment and also save the life of the people. Protecting environment must be given a top priority by the Government while evolving schemes for protecting environment and sufficient budgetary allotment must be made even at that time so that implementation of such schemes will not be stalled for want of funds. This has been time and again insisted by the Principal Bench of National Green Tribunal, New Delhi in several cases of this nature and directions were issued to the Chief Secretary as well as Finance Secretary for the purpose of looking into those aspects and provide all necessary infrascture (both financial and technical) for the purpose of achieivng the goal of protecting 16 environment.
6. The State Pollution Control Board is directed to file a report regaridng the progress of work that is being undertaken by the local bodies in preventing discharge of untreated sewage into the water bodies and the quality of the water in the water body on account of the short-term measures taken by them. If the short-term measures provided achieves the purpose for which such recommendatiations have been given, then this Tribunal can dispose of the matter by directing the regulators to complete the long-term measures at quicker timeline so that raising of such complaints by the public in future can be avoided to some extent.
7. The Additional Chief Secretary for Municipal Administration and Water Supply, Additional Chief Secretary for Environment, Climate Change and Forests, and the Director of Municipal Administration are directed to look into the issue and conduct review meetings so as to find out the stage of implementation of these schemes and if there is any support required from the Government, then they are directed to expedite the proposal and provide necessary infrastructure both financial and technical and file a report to this Tribunal regarding the steps taken by them in this regard.
8. The Tambaram City Municipal Corporation, Kundrathur Municipality, Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB), State Pollution Control Board (SPCB) and the Secretary level officials mentioned above are directed to file thier respective reports to this Tribunal on or before 25.07.2022 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.
9. The Registry is directed to communicate this order to theTambaram City Municipal Corporation, Kundrathur Municipality, CMWSSB, Tamil Nadu Pollution Control Board, Director of Municipal Administration and also to the Additional Chief Secretary to Government, Department of Environment, Climate Change and Forests, the Additional Chief Secretary to Government, Department of Municipal Administration and Water Supply by e-mail for their information and also for compliance of directions.
23. The matter was again taken up on 03.08.2022 and on that day, this Tribunal had considered the report submitted by the Chennai Metropolitan Water Supply and Sewerage Board dated 02.08.2022, e- filed on the same date which reads as follows:-
"1. ...XXX...XXX 17 18 19
24. Heard the counsel appearing for the respondents and the matter was taken up for Judgment on that date.
25. The counsel appearing for State Department submitted that they were taking all necessary steps to protect Cooum river against pollution and Chennai River Restoration Trust was taking care of protection of Cooum river, Adyar river and Buckingham Canal and effective steps have been taken for removal of encroachments and providing protective measures from avoiding further encroachments and discharge of untreated sewage into theses water bodies.
26. The counsel appearing for Greater Chennai Corporation submitted that they were taken all necessary steps to implement Solid Waste Management Rules, 2016 and Liquid Waste Management is being undertaken by Chennai Metropolitan Water Supply and Sewerage Board and the Chennai Corporation Act was amended by enhancing the fine to be imposed against persons who are discharging untreated sewage into the water bodies or storm water drains unauthorisedly and the steps are being taken by the Chennai Metropolitan Water Supply and Sewerage Board to provide Underground Sewerage Scheme to the areas which were not covered by this system.
2027. The counsel appearing for Chennai Metropolitan Water Supply and Sewerage Board submitted that they are taking effective steps to plug the unauthorised sewer connections connected to the storm water drain and imposing fine against persons who are involving in such activities and they are also providing Underground Sewerage System to the areas which are not covered by the system and the work is in progress.
28. The counsel appearing for Tambaram City Municipal Corporation submitted that they are also taking all necessary steps to protect the water bodies and avoid discharge of untreated sewage etc., The other local body namely, Kundrathur Panchayat Union had not filed any report. The District Collectors of Chengalpattu and Kancheepuram District did not file any reports.
29. The re-constituted new Joint Committee also has not filed any reports as directed by this Tribunal regarding the recommendations made by the earlier Joint Committee appointed by this Tribunal. This is the sorry state of affairs in respect of Government officials who are not complying with the directions issued by this Tribunal in respect of filing reports which are required for the purpose of proper and effective disposal of the cases.
30. The counsel appearing for Tamil Nadu Pollution Control Board submitted that they are monitoring the implementation of Solid Waste Management Rules, 2016 and compliance of the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and other matters relating to Solid Waste Management by this Tribunal as well and if there is any deficiencies found, then they are taking appropriate action against the violators including the local bodies for non-compliance of the directions including imposition of environmental compensation and they will abide by any directions issued by this Tribunal.
2131. It is high time for the Chief Secretary to Government, State of Tamil Nadu to look into the issue seriously and take appropriate action against those officers who are responsible for filing the report, but not filing the report and if such prompt actions are taken against such officials then that will have given a message to a other officials, so that they will not repeat such fault in future and it will prompt and motivate them to file the reports promptly and the cases of this nature can be effectively disposed by the Tribunal without delay as any delay in disposing matter involving serious environmental issues will lead only further degradation of environment and it will have impact on human health.
32. Considered the submissions made by the standing counsel appearing for various departments and various reports submitted by the Joint Committee and also the report submitted by the respective departments.
33. Quite unfortunately, the Tamil Nadu Pollution Control Board has not filed any independent report regarding the action taken from their side to resolve the issue, though they are the best person as the regulator to protect water bodies against pollution by taking appropriate action under Water (Prevention and Control of Pollution) Act, 1974.
34. The grievance in the newspaper report was that due to indiscriminate discharge of untreated sewage into the Adyar river which results in large scale pollution not only in the river, but also the marine ecology as the river joins the Bay of Bengal ultimately.
35. The Inspection report submitted by the Joint Committee also showed the untreated sewage being discharged into the water channels namely, Manapakkma Channel, Manickam Odai, Karima Nagar Odai, Nattu Kalvoi are situated in Kuntrathur Taluk, then Pammal and Pallavaram Municipalities in Chengalpattu District and certain directions have been issued to the Greater Chennai Corporation, Chennai Metropolitan 22 Water Supply and Sewerage Board, then Pallavaram Municipal Corporation, the Block Development Officer, St. Thomas Mount Panchayat Union, Commissioner-Kundrathur Town Panchayat, Thiruneermalai Municipality and the Tamil Nadu Pollution Control Board to carry out certain long term and short term measures recommended which includes providing Underground Sewerage Scheme within a period of two years and the report was e-filed on 17.03.2021.
36. It is seen from the subsequent reports filed by the Commissioner- Tambaram City Municipal Corporation and Chennai Metropolitan Water Supply and Sewerage Board that certain works have been undertaken by them for the purpose of providing Underground Sewerage System within their area of jurisdiction and if it is completed, there will not be any possibility of discharge of sewage into the water bodies arises. They have also given the time line within which they will complete the same. But quite unfortunately, neither the District Collector of Chenagalpattu District nor District Collector of Kancheepuram District within whose jurisdiction these local bodies fall and the Tamil Nadu Pollution Control Board have not filed any independent report regarding the steps had taken from their side to resolve the issue.
37. The Water Resources Department also did not file any report regarding the nature of encroachments and also steps taken by them for removal of encroachments along the Adyar river basin which is also a source for discharge of untreated sewage into the river.
38. The Hon‟ble High Court of Madras in the pending Writ Petition dealing with removal of encroachments from the water body had come heavily on the regulators in not taking steps to remove the encroachment and even deprecated practice of providing alternate settlement to the encroachers into the water body observing that it will only promote further encroachments and they cannot be permitted to retain the area and they will have to be removed immediately.
2339. 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 taken 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 fail to discharge their obligation of protecting environment as 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 highly required for the purpose of protecting the safe 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 the people on account of the lack of implementation of environmental laws by the regulating authorities.
40. It is also well settled law that no one is entitled to encroach into the water body and reduce its width and the Government authorities are also expected to maintain the water bodies against pollution and encroachment as water bodies plays a great role in protecting environment.
41. Further, in one of the decisions dealing with Railway Land encroachment, the Hon‟ble Apex Court in Utran Se Besthan Railway Jhopadpatti Vikas Mandal Vs. Government of India and others in Special Leave Petition (Civil) Diary No (s) 19714/2021 observed that it is highly necessary to take steps to remove the encroachments from the railway line and make the railway line free from encroachment. In that case Hon‟ble Apex Court held that encroachers are not entitled to get any choice of allotment of the area and they will have to shift to the place of relocation identified by the authorities.
2442. It is also mentioned in the decision that in case any scheme is framed by the Government for settlement of such encroachers and they have got any rehabilitation scheme, then the affected persons were permitted to apply for being rehabilitated under the said schemes if eligible and subject to verification of eligibility and other terms and conditions of the rehabilitation scheme. If no rehabilitation scheme has been formulated by the Local Government or is in force, the persons likely to be affected by the action of demolition can apply for allocation of residential premises under the Pradhan Mantri Awas Yojna Scheme, which application be processed not later than six months from the date of its receipt and taken to its logical and, application-wise within such period.
43. It is further observed that be it a case of rehabilitation under clause (VI) or (VII) above, the persons affected by demolition action by the authorities cannot insist for allotment of alternative residential accommodation at the same place from where they have been evicted (as it is not in situ rehabilitation programme). The eligible persons be allotted accommodation wherever available in the same or even in neighbouring districts.
44. It was also provided that in case of demolition of building, the authorities, namely, the local Government and the State Government shall pay a sum of Rs. 2,000/- per month per demolished structure for a period of six months from the date of demolition of their structure as ex-gratia amount to the head of the family/occupants of the concerned unauthorised structure removed during demolition action. That amount shall be initially paid by the Collector for a period of six months "only" and shall be later on shared equally by the entity (owner of the land), local Self Government authorities and State Government. So clear guideline has been given by the Hon‟ble Apex Court in respect of removal of encroachments from the public premises.
2545. Further if there is any encroachment made into the water body without providing any necessary or buffer zones as provided under the building rules, then that also will be identified by the authorities and necessary steps will have to be taken for removal of such encroachments and unauthorised constructions as well in accordance with law.
46. The Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 (PB) interacted with the Chief Secretaries of each State including State of Tamil Nadu and by order dated 21.07.2022 closed the case in relation to State of Tamil Nadu regarding the implementation of Solid Waste Management Rules, 2016/Liquid Waste Management and restoration of water bodies by giving direction to the Chief Secretary to Government, State of Tamil Nadu to monitor the implementations of various Waste Management Rules and implementation of the directions of this Tribunal and even depute a permanent officer at the level of Additional Chief Secretary to Government to monitor this aspect apart from the Chief Secretary to Government, State of Tamil Nadu to review the same periodically and give necessary directions, so as to achieve the implementations in its letter and spirit effectively.
47. It is time and again reiterated by the Hon‟ble Apex Court and also various High Courts including Hon‟ble High Court of Madras including Principal Bench of National Green Tribunal and also this Tribunal, 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 department has got a responsibility to provide clean environment which includes providing clean water and air as part of „Right to Life‟ as generated 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 26 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.
48. The Principal Bench of National Green Tribunal as well as the Special Bench of this Tribunal in several mattes of 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 the 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 contemplated under Article 48(A) of the Constitution of India.
49. Further, the Principal Bench of National Green Tribunal even while partially disposing O.A. No. 606 of 2018 in respect of each State by separate order after interacting with the Chief Secretaries and also in other matter sitting as Special Bench along with this Bench in respect of Southern Bench matters and this Bench also in several cases dealing with this issue reiterated the fact that it will not be possible that this Tribunal to monitor the implementation of statutory rules and discharge of the statutory functions by the regulators perpetually and it for the concerned regulators to take proactive steps to implement the environmental laws and protect environment and failing in their duty will amount to dereliction of duty of implementing rule of law of environmental laws which have impact on the health of the people and dispose of the case by giving directions.
50. So under such circumstances, the application can be disposed of by giving following directions:-
i. The District Collectors of Chennai, Chengalpattu and Kancheepuram Districts in coordination with the Water Resources Department to survey the water bodies including Adyar river to identify the encroachments and take steps to 27 remove the encroachments in accordance with law and restore the water bodies to its original position and take steps to provide protective mechanism by providing bio- fencing or planting green cover or other scientific methods including establishment of bio-diversity park around the water bodies without reducing the water spread area of the water bodies, so as to avoid encroachment in future. ii. The Tambaram City Municipal Corporation, Greater Chennai Corporation and the Kundrathur Town Panchayat are directed to implement the Solid Waste Management Rules, 2016/Liquid Waste Management and Other Waste Management Rules within their area of jurisdiction in its letter and spirit and if any violations are committed by any of the Persons/Institutions then they are directed to take appropriate action against those persons who are responsible for the same in accordance with law.
iii. The Water Resources Department in coordination with the District Collectors of Chennai, Kancheepuram and Chengalpattu Districts should take steps to protect the water body by restoring the inlets and outlets which ensures proper inflow of water to the water bodies and outflow of excess water. They should also take steps to protect the water bodies by providing necessary periodical maintainace like de-silting, deepening and maintaining the sluices and weirs (if any) provided to regulate the flow of water, so as to protect the water body against pollution and encroachment. iv. The Chennai Metropolitan Water Supply and Sewerage Board, Tambaram City Municipal Corporation and Kundrathur Town Panchayat are directed to implement the Underground Sewage Scheme within their area of jurisdiction and also provide necessary Sewerage Treatment Plant for treating the sewage generated in that area and treat the same before it is discharged into the water bodies. They must also take steps to plug the unauthorised sewer connections to the storm water drains which ultimately 28 reaches the Adyar river and other water bodies/waterways to avoid pollution being caused on account of discharge of untreated sewage into the water bodies/waterways. v. The Tamil Nadu Pollution Control Board is directed to conduct the periodical inspection of the areas in question and monitor the implementation of Solid Waste Management and other Waste Management Rules and implement the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and also this Bench in similar issues and if there is any violation or non-compliance found, then they are directed to take appropriate action against those erring local bodies by initiating proceedings including prosecution and imposition of environmental compensation and resort to other coercive measures provided under the respective statutes in accordance with law.
vi. The Tamil Nadu Pollution Control Board is also directed to inspect the industries situated on the side of Adyar river and also the industries which are situated along the water channels, if any, leading water to the Adyar river, so as to ascertain as to whether any untreated effluents are being discharged into those water channels or drains which ultimately reaches the Adyar river and if any such violation is found, then they are directed to take appropriate action against those industries which are responsible for the same including imposition of environmental compensation and initiating prosecution and resorting to other coercive measures provided under the respective environmental laws in accordance with law.
vii. In respect of the areas where the lakes are situated within the Panchayat areas which are under the supervision of Block Development Officer, then the respective Block Development Officer is directed to look into the issue and if there is any assistance required for the village panchayat to implement the same, then they are directed to take appropriate steps to 29 prepare a proposal and forward the same to the Government and get necessary sanction and get it implemented within their jurisdiction to discharge their constitutional obligation of protecting environment.
viii. The Additional Chief Secretary to Government for Municipal Administration and Water Supply and Principal Secretary to Government for Rural Development and Panchayat Raj are directed to look into the issue personally and if any proposals are pending with them for implementation of the Underground Sewage Scheme and implementation of Solid Waste/Liquid Waste/Other Waste Management Rules, then they are directed to take steps to expedite the same and provide necessary administrative and financial sanction to the proposals submitted, so that no proposal for protection of environment shall be stalled for a paucity of funds. ix. The Chief Secretary to Government, State of Tamil Nadu is directed to constitute a committee comprising of Additional Chief Secretary to Government for Municipal Administration and Water Supply as Chairman and Additional Chief Secretary to Government for Water Resources Department, Additional Chief Secretary to Government for Finance Department or his nominee, the Principal Secretary to Government for Rural Development & Panchayat Raj, Principal Secretary to Government for Revenue and Disaster Management Departmetn as Members and the committee is directed 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 other matters relating to protection of water bodies and if there is any gap found, then they are directed to issue necessary directions to the respective stakeholders as it will have to be rectified and resolved in an effective manner, so that the directions issued 30 by the Tribunal for protecting water body can be effectively implemented by the respective stakeholders in its letter and spirit.
x. The Chief Secretary to Government, State of Tamil Nadu is also directed to conduct review meetings with the stakeholder departments regarding this aspect and if there is any gap found, then give necessary directions to the concerned departments to expedite the same and if any financial and technical support is required, then he is directed to provide the same at the earliest without delay. xi. The Registry is directed to communicate this order to the official respondents including the Block Development Officer-Kundrathur Town Panchayat, the Commissioner- Tambaram City Municipal Corporation, District Collectors of Chennai, Kancheepuram and Chengalpattu Districts, Chairman-Tamil Nadu Pollution Control Board, Managing Director- Chennai Metropolitan Water Supply and Sewerage Board, Director of Rural Development and Panchayat Raj Department, Director of Municipal Administration, Principal Secretary to Government Rural Development & Panchayat Raj, Commissioner-Greater Chennai Corporation, Additional Chief Secretary to Government for Water Resources Department and also to the Chief Secretary to Government, State of Tamil Nadu for their information and compliance of directions.
51. With the above observations and directions, the Original Application is disposed off.
..................................J.M. (Justice K. Ramakrishnan) Sd/-
....................................E.M. Dr. Satyagopal Korlapati O.A. No. 41 of 2020 (SZ) 29.08.2022. Sr. 31