National Green Tribunal
R Kalistas vs The State Of Tamil Nadu Rep. By The ... on 5 November, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.4:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 275 of 2017 (SZ)
(Through Video Conference)
IN THE MATTER OF:
R. Kalistas
S/o, Mr. Rokkis,
K.R. Puram,
College Road,
Thoothur Post,
Kanyakumari District.
... Applicant(s)
With
1. The State of Tamil Nadu,
Rep. by the Secretary,
Department of Environment and Forests,
Fort St. George,
Chennai 600 005.
2. The Chairman,
Tamil Nadu Pollution Control Board,
No. 76, Mount Road, Guindy,
Chennai 600 032.
3. The Director of Environment,
No.1, Jennies Road,
Panakal Building,
Saidapet,
Chennai 600 015.
4. The Union of India,
Rep. by the Secretary to the Government,
Ministry of Environment and Forests,
VI Floor, CGO Complex,
Paryavaran Bhavan,
Lodhi Road,
New Delhi.
5. The District Environment Engineer/Convener,
Tamil Nadu Pollution Control Board,
No. 30, Kesari Street,
Mathias Nagar,
Nagercoil 629 001.
Kanyakumari District.
6. The District Collector,
Kanyakumari District,
at Nagercoil.
1
7. The Executive Officer,
Kollencode Pancayat,
Kollencode,
Kanyakumari District.
...Respondent(s)
Date of Judgment: 05th November, 2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Sri. C.K.M. Appaji.
For Respondent(s): Sri. Kamalesh Kannan for R1, R3, R6, R7.
Sri. C. Kasirajan through
M/s. Meena for R2, R5.
JUDGEMENT
1. The above application has been filed by the applicant restraining the seventh respondent /Kollencode Panchayat from establishing the Solid Waste Management facility in S. No. 679/1, Kollencode Village, Vilavancode Taluk of Kanyakumari District without getting necessary permission required under the Environment Protection Act, 1986, Water (Prevention & Control of Pollution) Act 1974 and Air (Prevention & Control of Pollution) Act 1981 and Municipal Solid Waste (Management & Handling) Rules, 2000 & 2016 and Coastal Regulation Zone, Notification 2011.
2. According to the applicant, the 7th respondent is trying to set up a Waste Management Facility in CRZ Zone without getting necessary permission as required under CRZ Notification, 2011 and also necessary permission from the Pollution Control Board under the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 and also under the Municipal Solid 2 Waste (Management & Handling) Rules, 2000 & 2016. Though objections were raised regarding the same, they were not heeding the objection raised by the public and they were trying to implement the scheme ignoring the objection raised by the local people and also against the interest of the environment.
3. It was also alleged in the application that the applicant had preferred a Writ Petition by way of Public Interest Litigation before the Hon'ble High Court of Judicature, Madras at Madurai Bench as W.P. 12462/2017 against the establishment of such facility in this area and the maintainability was challenged that he had withdrawn the same with liberty to approach the appropriate authority and the same was allowed by the Hon'ble High Court of Madras at Madurai Bench by order dated 05.07.2017. It was thereafter, that the present application was filed seeking the following reliefs:
i) Grant permanent injunction restraining the 6th and 7th Respondent from establishing Solid Wastes Management Project at S. No. 679/1, Kollencode 'A' Village, Vilavancode Taluk, Kanyakumari District,
ii) Direct the Respondents 1 to 5 to initiate appropriate action the 6th 7th Respondent for violating the provisions of the Environment) Protection Act, the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 and Coastal Regulation Zone Notification 1991 and Tamil Nadu Panchayat Act.
4. Respondents 2 and 5 filed a counter statement contenting as follows:
"REPLY AFFIDAVIT FILED ON BEHALF OF THE 2ND & 5TH REPONDENT TAMIL NADU POLLUTION CONTROL BOARD.
1) G. Gopalakrishnan, S/o V. Gandhi, Hindu, aged about 55 years, having my office at No. 76, Mount Salai, Guindy, Chennai - 600 032, do hereby affirm and sincerely state as follows:-
1. I am the Joint Chief Environmental Engineer, Tamil Nadu 3 Pollution Control Board, Chennai and I am filing this Reply Affidavit on behalf of the 2nd & 5th Respondents Board and as such I am well acquainted with the facts of the case as per records.
2. It is respectfully submitted that the applicant filed this application No. 275 of 2017 before this Hon'ble NGT (SZ) Chennai with the following prayer.
"a" Grant permanent injunction restraining the 6th and 7th Respondent from establishing Solid Wastes Management Project at S.No. 679/1, Kollengode 'A' Village, Vilavancode Taluk, Kanyakumari District.
b. Direct the Respondents 1 to 5 to initiate appropriate action against the 6th & 7th Respondents for violating the provisions of the Environment (Protection) Act, 1986, the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 and Coastal Regulation Zone Notification 1991 and Tamil Nadu Panchayat Act.
3. It is respectfully submitted that the Kollencode Town Panchayat has established and commissioned the composed yard at S.F. No.679/1 of Kollencode Village, Vilavancode Taluk of Kanyakumari District during August 2017. The compost yard has been established only for the Municipal Solid Waste generated in the Kollencode Town Panchayat. During inspection by the DEE, TNPCB, Nagercoil on 16.04.2018, it was noticed that the collection, segregation and composting are being carried out properly in a scientific manner and overall the performance on the operation of the compost yard was found to be satisfactory.
4. It is submitted that the District Collector, Kanyakumari District vide Proc. No. 3/6731/2012 ehs: 16.04.2015 has granted enter upon permission to the Twon Panchayat for the site at S.F. No.679/1, of Kollencode Village, Vilavancode Taluk of Kanyakumari District for implementing the project.
The Town Panchayat has applied for authorisation under Municipal Solid Waste (Management and Handling Rules) 2000 on 29.11.2016 and the application was returned for want of additional particulars vide Lr. No. DEE/TNPCB/NGL- MSW-27/16. Dt. 09.03.2017. However, the Town Panchayat has not resubmitted the application. Since the project is only a standalone composting facility for the Kollencode Town Panchayat. It does no attract the provisions of Environmental Impact Assessment Notification, 2006 as amended.
5. It is respectfully submitted that the areas is not a thickly populated area. However, isolated houses are located in the vicinity of the compost yard as detailed below: a. There are three houses existing in the vicinity of the compost yard in the western side at a distance of 2.9m, 18m and 30m respectfully from the compound wall of the 4 compost yard.
b. A house was found to be under construction at a distance of about 37 m from the compound wall of the compost yard in the North eastern side.
c. In the eastern side a hut/farm house is located at a distance of 45m away from the compost yard.
d. A small building was found to be under construction at a distance of about 38m from the compound wall of the compost yard in the south western side.
e. AVM canal is flowing at a distance of 90m away from the compost yard in the southern side.
f. A B.Ed college namely Mar Chrysostom College of Education is located at a distance of about 275m away from the unit in the north southern side.
g. Apart from these features only vacant land exists surrounding the compost yard.
6. It is respectfully submitted that the Kollencode Town Panchayat was inspected by the DEE & AEE, Tamil Nadu Pollution Control Board, Nagercoil on 16.04.2018 and the following observations have been made.
a) Population of the Kollencode Panchayat as on 2011 census is 38385 and as on 2017 census is around 42000 Nos.
b) Total Number of wards: 21 Nos.
Out of the 21 ward, door to door collection of Municipal Solid Waste is being carried out in 11 wards. The total quantity of Municipal Solid Waste thus collected is about 400 Kg/day. In the remaining wards, it is reported that the Municipal Solid Wastes are being disposed in the individual house hold backyards.
7. It is respectfully submitted that the Kollencode Town Panchayat has the following components for the Municipal Solid Waste
1. Tipper Lorry - 1 Nos.
2. Mini Lorry - 1 No 3/ Push Cart - 25 Nos (With 4 bins in each push cart) The Town Panchayat has established compost yard at S.F. No. 679/1 of Kolencode Village, Vilavancode Taluk, Kanyakumari District and has commissioned the compost yard during August. The area of the compost yard is 30.5m X 30.5m = 930.25 sq. m (as observed during inspection)
1. During inspection of the compost yard, Following observations were made:
"(i) The compost yard was in operation.
(ii) Segregation of the Municipal Solid Waste was found to be carried out manually and the bio-degradable waste and plastic waste were segregated manually.
(iii) The segregated bio-degradable wastes are composted using windrows - 3 Nos.
(iv) The plastic waste separated are washed in water and 5 sun dried and then compacted using a compacting machine - 1 No.(5 HP) and stored in a closed shed within the premises.
(v) A bio shredding machine - 1 No. (10 HP) is provided to shred the bio-compostable waste, if needed. Also one mechanical sieve the compost (5 HP) is provided within the premises.
(vi) After composing the compost is sold out as manure.
(vii) The trade effluent generated is collected in a collection tank and then reused in the process.
(viii) Out of the 4000 Kg of Municipal Solid Waste generated per day after segregation about 250 Kg of bio compostable waste in obtained.
(ix) The compost yard is provided with compound walls on all the four sides.
(x) During inspection, it was noticed that the entire processing of segregation, composting etc. is being carried out in a proper manner.
Topographical features in the vicinity of the compost yard
(a) There are three houses existing in the vicinity of the compost yard in the western side at a distance of 2.9 m, 18m, 30m respectively from the compound wall of the compost yard in the North eastern side.
(b) A house was found to be under construction at a distance of about 37m from the compound wall of the compost yard in the North eastern side.
(c) In the eastern side a hut/farm house is located at a distance of 45m away from the compost yard.
(d) A small building was found to be under construction at a distance of about 38m from the compound wall of the compost yard in the south western side.
(e) AVM canal is flowing at a distance of 90m away from the compost yard in the southern side.
(f) B.Ed. College namely Mar Chrysostom College of Education is located at a distance of about 275m away from the compost yard in the North eastern direction.
(g) Apart from these features, only vacant land exists surrounding the compost yard."
8. It is respectfully submitted that the Kollencode Town Panchayat has obtained from District Collector, Kanyakumari District for the compost yard vide Proc. No. 3/6731/2012. ehs: 16.04.2015. The Town Panchayat has applied for authorisation under Municipal Solid Waste (Management and Handling Rules) 2000 on 29.11.2016 and the application was returned for want of additional particulars vide Lr. No. DEE/TNPCB/NGL/F.NGL-MSW-27/16 Dt. 09.03.2017. However, the Town Panchayat has not resubmitted the application. The E.O. Kollencode Town Panchayat who was present during inspection informed that, as no alternate sites are available in the Town Panchayat, they have selected this site for establishing the 6 compost yard.
Based on the field observation, the Town Panchayat has been requested to furnish the FMB sketch of the site, demarcating the CRZ area, if any, of the compost yard by approaching the Depputy Director, DTCP or the approved agencies like Institute of Remote Sensing, Anna University, Chennai (or) IIT, Chennai vide DEE, Nagercoil dated 20.04.2018 and 16.10.2018. It is submitted that after the receipt of the detailed FMB sketch with CRZ markings, further action will be taken in accordance with law.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) may be pleased to pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice.
5. Third respondent filed a counter contending as follows:
1. I humbly submit that I am the Director of Environment and also the Member- Secretary, Tamil Nadu State Coastal Zone Management Authority (TNSCZMA) and I am well acquainted with the facts the facts of the case from the records available and I am filing this reply i mu official capacity on behalf of the 3rd respondent.
2. I humbly submit that I have gone through the averments contained in the affidavit filed by the Applicant and I deny all the averments except those that ate specifically admitted herein and the Applicant is put to strict proof of the same.
3. I humbly submit that the applicant has informed that the 7th respondent has proposed to execute Solid Wastes management Project at S.No. 679/1, Kollencode Village, Kanyakumari District for processing waste and disposal facilities including landfills.
4. I humbly submit that the applicant stated that the proposed project site is stated on the seashore of Arabian Sea and it is in CRZ-III Zone under the CRZ Notification 2011 and the landfill site is less than 200 mtrs. From the High Tide Line.
5. I humbly submit that the MoEF & CC, Govt. of India have promulgated CRZ Notification 2011 on 06.01.2011 in supersession of CRZ Notification 1991, which imposed with effect from the date of the notification, operations processes and the like in the CRZ.
6. I humbly submit that as per the CRZ Notification 2011, vide para 3 (V) (C) "treatment of waste and effluents arising from hotels, beach resorts and human settlements located in CRZ areas other than CRZ-I and disposal of treated wastes and effluents, is permissible activity in CRZ area.
7. I humbly submit that that as per the CRZ Notification 2011, vide para 4
(i) (a), clearance shall be given for any activity within the CRZ only if it requires waterfront and foreshore facilities;
8. I humbly submit that the 7th respondent has not submitted any application for clearance under CRZ Notification 2011 to the TNSCZMA for approval for the above said report.7
9. I humbly submit that the applicant has sent a representation against the 7th respondent and a copy of the representation has been sent to the District Collector, Kanyakumari and District Environmental Engineer, TNPCB, Nagercoil to take action on this matter vide letter dated 24.02.2017 of the Member- Secretary, TNSCZMA.
10. I humbly submit that the Government of Tamil Nadu have constituted District Coastal Zone Management Authorities (DCZMA) for all the Coastal districts in G.O.Ms. No.163 Environment and Engineer of the Tamil Nadu Pollution Control Board is the Convener of the District Coastal Zone Management Authority and is the appropriate authority to take action in this regard.
11. Further, the matter was discussed in the 79th meeting of the TNSCZMA held on 18.08.2014. Accordingly as resolved all the District Coastal Collectors, District Coastal Zone Management Authorities, CMDA, Corporation of Chennai are responsible for identification of violations and to take action on the violators.
12. I humbly submit that implementing the provisions of EIA Notification 2006 under the Environment Impact Assessment Authority (SEIAA) and of the Tamil Nadu State Pollution Control Board (TNPCB) and implementing the provisions of water (Prevention and Control of Pollution) Act, 1974 & Air (Prevention and Control of Pollution) Act, 1981 are within the purview of the TNPCB."
It is therefore humbly prayed that this Hon'ble Tribunal may be pleased to record the above mentioned facts and pass such further order or orders as this Hon'ble Tribunal may deem fit and proper in the interest of justice."
6. As per order dated 23.01.2020, this Tribunal had considered the pleadings and also extracted the things noted in the reply statement filed by the Tamil Nadu State Pollution Control Board in para at page 5 of the order which reads follows:
"7) Following things were observed at the time of inspection on 16.04.2018:-
"(i) The compost yard was in operation.
(ii) Segregation of the Municipal Solid Waste was found to be carried out manually and the bio-degradable waste and plastic waste were segregated manually.
(iii) The segregated bio-degradable wastes are composted using windrows - 3 Nos.
(iv) The plastic waste separated are washed in water and sun dried and then compacted using a compacting machine - 1 No.(5 HP) and stored in a closed shed within the premises.
(v) A bio shredding machine - 1 No. (10 HP) is provided to shred the bio-compostable waste, if needed. Also one mechanical sieve the compost (5 HP) is provided within the premises.8
(vi) After composing the compost is sold out as manure.
(vii) The trade effluent generated is collected in a collection tank and then reused in the process.
(viii) Out of the 4000 Kg of Municipal Solid Waste generated per day after segregation about 250 Kg of bio compostable waste in obtained.
(ix) The compost yard is provided with compound walls on all the four sides.
(x) During inspection, it was noticed that the entire processing of segregation, composting etc. is being carried out in a proper manner.
Topographical features in the vicinity of the compost yard
(h) There are three houses existing in the vicinity of the compost yard in the western side at a distance of 2.9 m, 18m, 30m respectively from the compound wall of the compost yard in the North eastern side.
(i) A house was found to be under construction at a distance of about 37m from the compound wall of the compost yard in the North eastern side.
(j) In the eastern side a hut/farm house is located at a distance of 45m away from the compost yard.
(k) A small building was found to be under construction at a distance of about 38m from the compound wall of the compost yard in the south western side.
(l) AVM canal is flowing at a distance of 90m away from the compost yard in the southern side.
(m) B.Ed. College namely Mar Chrysostom College of Education is located at a distance of about 275m away from the compost yard in the North eastern direction.
(n) Apart from these features, only vacant land exists surrounding the compost yard."
7. It is also noted in that order that in the reply statement they had mentioned that in order to ascertain whether it is falling under CRZ area, they directed the Panchayat to get a report by conducting inspection by approved agencies like Institute of Remote Sensing, Anna University, Chennai or Indian Institute of Technology (IIT), Madras vide letter dated 20.04.2018 and 16.10.2018, but no report had been obtained.
8. Thereafter, this Tribunal also noted the submission made by the counsel appearing for the Tamil Nadu State Pollution Control Board that on inspection conducted on 22.01.2020, it was found that the area 9 where the facility was established was falling in CRZ-II Zone and without getting clearance from the Coastal Zone Management Authority, the unit should not function and he wanted to file a status and action taken report. Accordingly, the matter was posted to 25.02.2020 for consideration of the further report.
9. Thereafter the case was adjourned for submission of the status report.
On 17.03.2020, this Tribunal had considered a status report submitted by the Tamil Nadu State Pollution Control Board which was extracted in para 4 of the said order as follows:
"(3) It is respectfully submitted that as per Ministry of Environment and Forest Notification S.O. 327(E) dated 10.04.2001, powers delegation has been given to the Chairman, State Pollution Control Board under Section 5 of the Environment (Protection) Act, 1986 by the Central Government to issue directions to any industry or any local or other authority for the violations of the standards and rules relating to bio-medical waste, hazardous chemicals, industrial solid waste and municipal solid waste including plastic waste notified under Environment (Protection) Act, 1986.
(4) It is further submitted that as per Rule 9 (i) of Coastal Regulation Zone, 2011, 'for the purposes of implementation and enforcement of the purposes of this notification and compliance with conditions stipulated there under, the powers either original or delegated are available under Environment (Protection) Act, 1986 (29 of 1986) with the Ministry of Environment, Forest and Climate Change, State of Government or the Union Territory Administration, National Coastal Zone Management Authority and the State Coastal Zone Management Authority.' (5) It is further submitted that the Municipal Solid Wastes Management site located at S.F. No.679/1, Kollencode Village, Vilavancode Taluk, Kanyakumari District falls under Coastal Regulation Zone II in approvalMap No.11 and the said activity is not permissible at the site and has violated the provisions of CRZ Notification, 2019. In this regard, the Tamil Nadu Pollution Control Board has addressed vide Letter dated 05.03.2020 to the District Collector, Kanyakumari District (District Coastal Zone Management Authority) in order to take necessary action against the Municipal Solid Wastes Management site S.No. 679/1, Kollencode Village, Vilavancode Taluk, Kanyakumari District for violation of the Coastal Regulation Zone Rules, 2019 and furnish the action taken in this regard.10
(6) It is further submitted that, the District Collector, Kanyakumari District has addressed a letter dated 11.03.2020 to the Assistant Director, Town Panchayat, Nagercoil and instructed to shift the Municipal Solid Waste Management Facility of Kollencode Town Panchayat at S.F. No.679/1, Kollencode Village, Vilavancode Taluk, Kanyakumari District immediately and to report the same at once."
10. It is also seen from the report that the District Collector, Kanya Kumari District had addressed a letter dated ,11.03.2020 to the Assistant Director, Town Panchayat, Nagercoil directing them to shift the Municipal Solid Waste Management Facility of Kollencode Town Panchayat situated at S. No. 679/1 of Kollencode Village, Vilavancode Taluk, Kanyakumari District. So we directed the District Collector, Kanyakumari District to submit the present status and posted the case to 28.04.2020. Thereafter, the matter was adjourned by notifications.
11. On 18.08.2020, the matter was again adjourned at the request of the counsel appearing for the official respondents and posted the case to 09.09.2020 for submission of the status report. On 09.09.2020, this Tribunal had considered the status report submitted by the Kollencode Town Panchayat which was extracted from para 4 of the order which reads as follows:
"7. We have received a status report filed by the Kollencode Town Panchayat which reads as follows:-
"Status Report filed by the Kollencode Town Panchayat I, M. Babu Chandra Sekharan, Son of S.Mariya Das, aged about 57 years, working as the Executive Officer (incharge) of Kollencode Town Panchayat, Kollencode Village, Vilavancode Taluk, Kanyakumari District, do hereby solemnly affirm and sincerely state as follows:-
1) As per order dated 18.08.2020 of this Hon'ble Tribunal this respondent is directed to file the status report.
2) It is submitted that this respondent panchayat has three coastal villages namely Vallavillai, Marthandathurai and Nerodi. As per Solid Waste Management and Handling Rules (2000) it is the duty of this respondent to set up a Municipal Solid Waste unit in order to dispose the waste generated in scientific and eco-friendly manner.
3) It is submitted that the processing of Solid Waste in Resurvey No.679/1 in Kollancode "B" Village was stopped in March 2020, following the 11 letter of the District Collector, Kanyakumari District. The said letter of the District Collector, dated 11.03.2020 was addressed to the Assistant Director, Town Panchayat, Nagercoil which instructed to shift the Municipal Solid Waste Management Facility of Kollencode Town Panchayat at S.F. No.679/1, Kollencode Village, Vilavancode Taluk, Kanyakumari District. It is necessary to state that the daily waste generated is collected door to door. This respondent has now opted the most effective steps for the disposal of waste generated and had taken necessary efforts to educate and make awareness to the public for segregation of the waste at the source. Hence, the collected waste at the door steps are almost segregated.
4) Though the impugned site was stopped from being used as a segregation plant, there remained process manure of 7 tons and half a ton of plastics. The same is neither waste nor a polluting one, as it was processed already. Further the same was also removed in the last week of August, 2020. The delay was due to the fact that the Executive Officer of the panchayat was affected by COVID.
5) In the above said circumstances it is submitted that this respondent is taking the earnest effort to dispose the waste generated after processing the same and the impugned site is clean from any dump or manure or plastics. Further this respondent also undertakes that the said lace shall not be used for storage or processing of MSW in future.
It is therefore prayed that this Hon'ble Court may be pleased to pass appropriate orders and thus render Justice."
12. Since it was not clear from the status report as to whether the disputed unit had been shifted from there or not, we awaited for the report to be filed by the District Collector and posted the case to 24.09.2020. On 24.09.2020, we have considered the report submitted by the District Collector which was extracted from para 4 of the order which reads as follows:
"4. We have received a status report submitted by the District Collector, Kanniyakumari which reads as follows:
STATUS REPORT FILED BY THE DISTRICT COLLECTOR I, Prashant M. Wadnere , I.A.S, Son of Mukunth Wadnere, aged about 36 years, working as the District Collector of Kanniyakumari District., do hereby solemnly affirm and sincerely state as follows ;
As per order dated 18-08-2020 of this Hon'ble Tribunal this respondent is directed to file the status report.
It is submitted that as per the Solid Waste Management Rules,2016, it is the duty of the local authority to set-up a Municipal Solid Waste unit in order to dispose the waste generated in scientific and eco-friendly 12 manner. The S.F. No.679/1, Kollencode Village, Vilavancode Taluk, Kanyakumari District had seen to be used as the processing centre, with a very minimal capacity.
It is submitted that after the inspection of the impugned site, by he Tamil Nadu Pollution Control Board ,on 22.01.2020, the Board had addressed vide Letter dated 05.03.2020 to the District Collector, on the said subject. Hence the District Collector, Kanyakumari District addressed a letter dated 11.03.2020 to the Assistant Director, Town Panchayat, Nagercoil and instructed to shift the Municipal Solid Waste Management Facility of Kollencode Town Panchayat at S.F. No.679/1, Kollencode Village, Vilavancode Taluk, Kanyakumari District immediately and to report the same at once.
It is submitted that though the communication was addressed the Assistant Director, Town Panchayat, Nagercoil on 11.03.2020, due to the pandemic the site was not cleared immediately. But considering the urgency of the subject matter, immediately after the lockdown reopen, in August, 2020, the site was cleared. It is necessary to state that now the impugned site at S.F. No.679/1, Kollencode Village, Vilavancode Taluk, Kanyakumari District is not being used as a waste disposal site and no waste is also found there.
It is necessary to state that the daily waste generated is collected door to door. The local authorities has now opted the most effective steps for the disposal of waste generated and had taken necessary efforts to educate and make awareness to the public for segregation of the waste at the source.
In the above said circumstances it is submitted that the authorities are taking the earnest efforts to dispose the waste generated, after processing the same. The impugned site is now clean from any dump or manurer or plastics and the same is also not being used from March 2020.
It is therefore prayed that this Hon'ble Court may be pleased to pass appropriate orders and thus render Justice."
13. On the basis of the report, we have passed the following order on 24.09.2020 which reads as follows:
It is seen from the report that door to door collection is being done in an effective manner and no dumping is being done in S.F.No.679/1, Kollencode Villae, Vilavancode Taluk, Kanyakumari District.
5. Mr. Kamalesh Kannan, learned counsel appearing for the State Government submitted that now, on a temporary basis, the waste that has been collected from this Panchayat is being taken to the dump yard of the nearby Panchayat from where it is being disposed of.
6. The Tamil Nadu Pollution Control Board is directed to conduct inspection of that area and ascertain as to whether the grievance 13 made in this application has been redressed and whether the waste collected from this Panchayat is being disposed of in a scientific manner in the place where it is said to have been deposited and submit a status report to this Tribunal within a period of 15 days. If there is any violation, they must also take action in this regard as directed by the Principal Bench of the National Green Tribunal, New Delhi in O.A.No.606 of 2018. If the applicant is not satisfied with the manner in which the dumping is made, they are at liberty to file their objection along with proof to satisfy this Tribunal that illegal dumping is still going on in that area. Otherwise, mere assertion made by the learned counsel appearing for the applicant will not be accepted by this Tribunal as against the report submitted by the responsible officials of the Government like District Collector.
The Registry is directed to communicate this order to the Tamil Nadu Pollution Control Board through e-mail immediately for compliance of the direction."
14. The case was posted to 20.10.2020 and at the request of the committee the case was posted to 04.11.2020. On 04.11.2020, we have considered the further report submitted by the Tamil Nadu State Pollution Control Board in para 5 of the report which reads as follows:
We have received a report submitted by the Tamil Nadu Pollution Control Board which reads as follows:-
"Report filed on behalf of the 2nd & 5th Respondent Tamil Nadu Pollution Control Board I, Tmt. R. Sarasavani, D/o. Thiru. Raghavan, Hindu, aged about 55 years, having my office at No.76, Mount Salai, Guindy, Chennai - 600 032, do hereby solemnly affirm and sincerely state as follows:-
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai and I am filing this report on behalf of the 2nd & 5th respondents Board and as such I am well acquainted with the facts of the case as per records.
2. It is respectfully submitted that, in pursuance to the orders of the Hon'ble NGT dt. 24.09.2020, the following are submitted with respect to the present status of the Solid Waste Management site of Kollencode Town Panchayat, Kanyakumari District i. The complaint Municipal Solid Waste treatment site of Kollencode Town Panchayat located at S.F. No.679/1 of Kollencode Village, Vilavancode Taluk, Kanyakumari District was inspected by the District Environmental Engineer and Assistant Environmental Engineer, TNPCB, Nagercoil on 15.10.2020 and in the presence of the Executive Officer, Kollencode Town Panchayat. It was observed that the municipal solid waste treatment facility was found closed 14 and not in operation. No municipal solid waste was found stored in the premises (Photographs enclosed).
ii. The Executive Officer, Kollencode Town Panchayat, Kanyakumari District has informed the following:
a) The total population of the Kollencode Town Panchayat is 39200 as on 15.10.2020.
b) There are 21 wards consisting of 9490 households and 755 commercial establishments.
c) The total quantity of municipal solid waste generated is 2.27 tons/day, of which wet waste is 0.45 tons/day and dry waste is 1.82 tons/day.
d) The dry waste consists mainly of plastic waste and the wet waste is organic in nature.
e) The household from 9 wards located along the coastal stretch handover both the wet organic waste and plastic waste to the self-help group persons and from remaining wards only plastic wastes are being handed over to the self help groups.
f) The municipal solid waste collected is taken to a community hall at Marshalpuram, Kollencode Town Panchayat. The said solid waste is segregated to plastic and wet organic waste. The plastic waste is to be utilized for road laying and wet organic waste is utilised as manure for coconut farm and plantain farms. The said site was also inspected and found that segregation of waste was being carried out.
3. It is respectfully submitted that, authorization from TNPCB is not required as per the Solid Waste generation is less that 5 tons/day. Further, TNPCB vide letter dated 15.10.2020 has addressed the Executive Officer, Kollencode Town Panchayat, on the following, 'The Kollencode Town Panchayat, Kanyakumari District shall explore the possibility of providing Organic Waste Converter (OWC) of adequate capacity to treat the wet organic waste of quantity of 0.45 tons/day scientifically to convert into manure and to be utilised in farms. The plastic waste and other in organic waste collected to be disposed for further beneficial use so as to comply with the Solid Waste Management Rules, 2016'.
4. It is submitted that the Kollencode Town Panchayat is not scientifically treating the wet waste generated of 0.45 tons/day and it was also observed that segregation is not being carried out at 12 wards. Hence, the Board is in the process of levying Environmental Compensation to the Kollencode Town Panchayat.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) may be pleased to pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice."
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15. Thereafter, the case was adjourned to today for the purpose of hearing the applicant as to whether he has got any further grievance in this regards as he could not be heard due to technical difficulties in appearing through Video Conference.
16. When the matter came up for hearing today through Video Conference, Sri. C.K.M. Appaji represented the applicant. Sri. Kamalesh Kannan represented the respondents 1, 3, 6 & 7 and Sri. Kasirajan through M/s. Meena represented respondents 2 and 5.
17. The learned counsel appearing for the applicant submitted that the report of the Tamil Nadu State Pollution Control Board will go to show that still there is non- compliance of the Solid Waste Management Rules, 2016 by the Kollencode Panchayat. On the other hand the learned counsel appearing for the Kollencode Town Panchayat submitted that steps are being taken for implementation of Solid Waste Management Rules, 2016 in their Panchayat effectively and the prayer in the application has become infructuous as the proposed unit was shifted from that place to another place and the disputed place has been cleared.
18. The Tamil Nadu State Pollution Control Board submitted that they will periodically monitor and see that the Solid Waste Management Rules, 2016 are strictly implemented in Kollencode Town Panchayat and they will also take steps against the Panchayat if it is not properly complied with on the basis of the directions given by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018.
19. The prayer in the application is for restraining the 7th respondent Kollencode Town Panchayat from establishing Solid Waste Management Facility in S. No. 679/1, Kollencode Village, Vilavancode Taluk of Kanyakumari District without obtaining necessary permissions under 16 the environmental laws.
20. It was seen from the pleadings as well as in the report that the facility was established in a CRZ Zone against the provisions of the CRZ Notification, 2011 and on the basis of the directions given by the Pollution Control Board and the District Collector, Kanyakumari District the place has been cleared and the same has been shifted from that place to another place. So the prayer in the application has become infructuous and there is nothing survives in the matter.
21. However it is seen from the report of the Tamil Nadu State Pollution Control Board that though the facility has been shifted to another place, the Kollenode Town Panchayat is not handling the waste generated in their Panchayat strictly in accordance with the provisions of the Solid Waste Management Rules, 2016 and they were not scientifically disposed as well.
22. So, under such circumstances we feel that the application can be disposed of with the following directions:-
i. Since the Solid Waste Management Facility which was intended to be established and started by the 7th respondent in S.No. 679/1, Kollencode Village, Vilavancode Taluk of Kanyakumari District has been shifted and the place has been cleared, there is nothing survives in this application and the prayer in the application has become infructuous.
ii. However, in view of the report submitted by the Tamil Nadu State Pollution Control Board that Solid Waste Management Rules, 2016 is not strictly complied with by the Kollencode Town Panchayat, we direct the Pollution Control Board to monitor the 17 implementation of Solid Waste Management Rules, 2016 in 7th respondent Kollencode Town Panchayat and if it is not properly implemented, they are directed to take appropriate action against the Kollencode Town Panchayat in accordance with law.
iii. The Tamil Nadu State Pollution Control Board is also directed to implement the directions issued by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018, if there is any violation found in implementation of Solid Waste Management Rules 2016 in 7th respondent Kollencode Town Panchayat.
iv. The Tamil Nadu State Pollution Control Board is directed to submit the further action taken report to this Tribunal once in two months till the Solid Waste Management Rules, 2016 is strictly complied with by the Kollencode Town Panchayat without any violation.
v. The office is directed to place such reports on receipt of the same before this Bench for appropriate further direction to be issued on that basis.
vi. Considering the circumstances the parties are directed to bear the respective cost in the application.
vii. The Registry is directed to communicate this order to the Tamil Nadu State Pollution Control Board 18 and also to the 7th respondent Kollencode Town Panchayat for strict compliance.
23. With the above directions and observations, the application is disposed of.
...................................J.M. (Justice K. Ramakrishnan) ...............................E.M. (Shri. Saibal Dasgupta) O.A. No.275/2017, 05th November, 2020. Sr. 19