Item No.4:

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE,

Original Application No. 50 of 2017(SZ)

(W.P. No. 43839 of 2016) (THC)

IN THE MATTER OF:

Arappor Iyakkam ... Applicant With

Government of Tamil Nadu, Chennai and 4 Others. ...Respondents

Date of hearing: 06.01.2020.

CORAM: HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER

HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER

For Applicant(s): Mr. Jayaram Venkatesan Party in Person

For Respondent(s): M/s. Kamalesh Kannan for R1, R2 M/s. M.K. Thanganila for R4

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O R D E R

The grievance in this application is regarding the encroachment into the

Villivakkam Konnur Lake. It is alleged that Arappor Iyakkam is a non- governmental organization registered under the Indian Trust Act, 1882 and involved in various social activities which includes flood relief, rescue activities,

Reclaiming Waterways, Creating awareness on citizen’s rights, improving

Transparency and Accountability in Governance and so on.

The main water body of area is situated to the North - West of

Chennai known as Villivakkam Konnur Lake. It is situated near to the junction of

Villivakkam and Padi area. This water body has been critical for both recharging ground water as well as prevention of flood in the area. The lake has shrunk in size greatly over the decades. The original revenue map shows that the lake was having an extent of 214 Acres and now the extent available for only 39

Acres. SIDCO Industrial Estate and SIDCO Nagar housing have come right on the lake shrinking it in size by almost 80% over the last three decades.

The Public Works Department handed over the Villivakkam Konnur Lake to

Tamil Nadu Housing Board. In the year 1991, Tamil Nadu Housing Board handed over the lake to the Chennai Metropolitan Water Supply and Sewage

Board (CMWSSB) for its usage. It is for the purpose of Sewage Treatment Plant

(STP). The Public Works Department has got a duty to maintain the lake and handing over the same to another department is illegal.

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During the floods in 2005, most of the water drained into the lake within a couple of days and the area did not see any major problem. The overflow of the lake flowed into Nallah, which is drained into the . In

December 2015, SIDCO Nagar located into the east of the Villikvakkam Konnur

Lake was one of the worst affected area during the monsoon. Nearly 5000 family residents around this lake were devastated due to the inundation of water during the flood in 2015. The main reason for flooding in that area is due to the dumping of construction debris by Rail from their construction sites only into the lake between the year 2013 to 2015 and it was piled up to a height of 10 to 20 feet above the ground blocking the inlets into the lake. The

Chennai Metro Rail has disposed its construction debris improperly. It has illegally deposited the same into the Villivakkam lake and almost 50% of the lake already has been filed up with construction debris. Due to this, there was reverse flow from the lake to the roads in 2015 floods.

It is also mentioned in the petition that permission was granted by the

Chennai Metropolitan Water Supply and Sewage Board (CMWSSB) to the

Chennai Metro Rail Limited to dump their construction debris in that area.

Chennai Metro Rail has informed the applicant on the query asked under RTI Act that the Villivakkam Konnur Lake is not a disposal site for dumping their construction debris. The reply given by the Chennai Metropolitan Water Supply and Sewage Board (CMWSSB) confirms that about 20 acres of land is filled with construction of debris by the Chennai Metro Rail Limited. The action of the

Chennai Metropolitan Water Supply and Sewage Board (CMWSSB) made the

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lake into a landfill of debris and sewage and affecting the quality of water and ground water recharge is illegal.

The applicant organisation has submitted a representation to the Public

Works Department, Corporation of Chennai and Principal Secretary, Municipal

Administration and Water Supplies on 08.08.2016 and 22.08.2016 and the public hearing was conducted on 28.08.2016. They have undertaken to do something to restore the water body but nothing happened.

The applicant relied on the decision reported in M.C. Mehta Vs. Union of

India in AIR 1987 (SC) 1086 for the proposition that right to live in pollution free environment is fundamental right as part of Right to Life provided under the

Article 21 of the Constitution of . The Division Bench of the Madras High

Court in T.K. Shanmugam Vs. The State of Tamil Nadu (W.P. No.1295 of 2009 dated 27.11.2015) also reiterated the duty of the public authorities in maintaining the water bodies and also observed that indiscriminate encroachment in water bodies and water courses is one of the reason for the unpleasant flood that happened in 2015 and directed the authorities to remove the encroachments in the water bodies and restore the same. So, the applicant filed the present application as Writ Petition before the High Court of Madras in W.P.

No.43839/2016 seeking the following reliefs:-

“To pass an order of interim injunction restraining the

Principal Secretary, Municipal Administration and Water Supply

Board and Chennai Metro Water Supply and Sewage Board from

letting out sewage into the Villivakkam Konnur Lake pending

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disposal of the Writ Petition and pass such other order or orders

that the Hon’ble Court deems fit and proper in the circumstances of

the cases and thus render justice.

To issue a Writ of Mandamus or any other of like nature,

directed the Secretary to Government, Public Works Department

and Principal Secretary, Municipal Administration and Water Supply

Department to restore the entire remaining 39 acres Villivakkam

Konnur Lake along with its inlets and outlets, with the assistance of

Chennai River Restoration Trust or any other specialized authority

in a time-bound manner and consequently ensure that the

Villivakkam Konnur Lake is restored to its original site as a clean

water body by removal of debris dumped by the Chennai Metro Rail

Limited and pollutants discharged by Chennai Metropolitan Water

Supply and Sewage Board (CMWSSB) and pass any such orders

that the Hon’ble Court deems fit and proper in the circumstances of

the case and thus render justice.”

Later, by order of the Hon’ble High Court, Madras dated 13.02.2017, it was transferred to this Tribunal and renumbered as Original Application No. 50 of

2017. By order dated 21.08.2017, the Public Works Department was asked to submit a report as to whether 39 acres of land in Villivakkam Konnur Lake has been declared as water body. It was again considered on 12.10.2017 where it was observed that original extent of water body of 214 acres it was shrunk to 39 acres. Out of 39 acres, 11.50 acres of land was under the control of Chennai

Metropolitan Water Supply and Sewage Board (CMWSSB) and the remaining

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area was handed over to Greater Chennai Corporation, Chennai for the purpose of remediation and restoration. Out of the extent of 27.50 acres entrusted to the

Chennai Corporation nearly 2.5 acres of land has been encroached and the

Corporation was directed to take steps to remove the encroachment and entire

39 acres of water body is to be remediated properly.

It is also mentioned in the order that DPR for remediation of the lake will be completed within two months and thereafter it will be submitted to the State

Government for administrative sanction and release of necessary funds.

This Tribunal further observed that after completion of DPR and submission to the State Government, the State Government can consider the same and accord administrative sanction and pass appropriate orders within four weeks thereafter. While considering DPR, proper steps needs to be taken regarding maintanance inlets and outlets of the water bodies for restoration. In respect of extent of 11.50 acres of land which is under the control of Chennai

Metropolitan Water Supply and Sewage Board (CMWSSB), Assistant Executive

Engineer, STP (North), Kondungaiyur and Chennai Metropolitan Water Supply and Sewage Board (CMWSSB) have submitted that the Sewage Treatment Plant

(STP) was there in that place for a long time and it has become defunct and thereafter converted as sewage pumping station and now there is a proposal for putting up the full fledged STP plant.

This Tribunal made it clear that any construction / structure within 11.50 acres in any form shall not be carried out by the third respondent and if the STP

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is to be established it shall not be either in the water body or where the place sewage is dumped. It is also made clear that while restoring the 11.5 acres of water bodies the inlets and outlets shall be cleaned to ensure the free flow of rain water and status report was directed to be submitted.

It was again taken up on 18.12.2017 wherein it was observed that the consultant M/s. INMMAAS is finalizing the draft DPR and the final DPR will be submitted by the consultant shortly and after the approval from the competent authority, bid processes will be initiated by the Greater Chennai Corporation for carrying out the work. The Tribunal showed displeasure in not carrying out the directions given by this Tribunal by order dated 12.10.2017 and the Greater

Chennai Corporation was directed to complete the process within a period of four weeks and finally submit before the Government for approval and the

Government was directed to pass appropriate orders without delay. They were also directed to submit a status report with regard to 11.5 acres of land and there after no orders have been passed.

The Municipal Administration and Water Supply Department / Second respondent has submitted a statement stating that they are taking steps to restore and maintain 39 acres of Villivakam Konnur Lake along with inlets and outlets with the assistance of Chennai River Restoration Trust or any other specialized authority in a time bound manner and consequently ensure that the

Villivakkam Konnur Lake is restored to its original state as a clear water body by removal of debris dumped by the Chennai Metro Rail Limited and pollutants discharged by Chennai Metropolitan Water Supply and Sewerage Board. They

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admitted the fact that as per the original revenue records, the Villivakkam Konnur

Lake had an original extent of 214 acres and subsequently land have been given to the Small Industries Development Corporation (SIDCO) Industrial estate and

Small Industries Development Corporation (SIDCO) Nagar housing was developed by Tamil Nadu Housing Board around 1980 in this lake land. In order to treat the sewage in Small Industries Development Corporation Nagar housing area, Tamil Nadu Housing Board had developed and operated an Oxidation pond in 39 acres out of 214 acres in the year 1985. Oxidation pond was one type of sewage treatment prevalent at that time. Subsequently, the Oxidation pond was handed over by Tamil Nadu Housing Board to Chennai Metropolitan Water

Supply and Sewage Board during the year 1991 for future maintenance. The

Chennai Metropolitan Water Supply and Sewerage Board had proposed to construct a Sewage Treatment Plant (STP) at Villivakkam Sewage Treatment

Plant area and the construction of new Sewage Treatment Plant was in a low lying area inside the oxidation pond which had to be raised. At that time Chennai

Metro Rail Limited had commenced the tunnel boring works in Chennai city for the Metro Rail project and they were requested to dump the earth which was removed from the tunnel boring works, in the low lying area and accordingly they have dumped construction waste from the construction work in Chennai in low lying areas and on account of this Sewage Department have saved Rs.3 crores which would be required for levelling the area.

It was also mentioned that there was no flood drainage entry point available from Lake to Villivakkam oxidation pond from the period of

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taking over of Villivakkam oxidation pond by Chennai Metropolitan Water Supply and Sewerage Board. The water from has natural flow to

Otterinulla through a surplus canal at Puthugaram and not as stated by the applicant. The existing TVS canal which is used to convey the surplus water of buffer tank at rear side of Brakes India was in such a dilapidated condition. The

Greater Chennai Corporation is reconstructing the old canal which still serves as a surplus water carrier from buffer tank located at the rear side of Brakes India.

This canal is located at the boundary of the oxidation pond owned by Chennai

Metropolitan Water Supply and Sewerage Board near the Villivakkam Small

Industries Development Corporation Nagar area and there was no blocking of inlet due to the dumping of earth in Villivakkam Oxidation pond and they have also proposed to have Sewage Treatment Plant at a cost of Rs.85 Lakhs. On the commission of the said relay pumping station, no sewage will be sent to the

Oxidation pond for treatment.

During November 2016, the Government of Tamil Nadu had instructed the

Chennai Metropolitan Water Supply and Sewerage Board to handover the pond to the Greater Chennai Corporation for restoration purpose after retaining a portion of land required by the Central Metropolitan Water Supply Sewerage

Board for sewer treatment plant construction. Accordingly a proposal has been formulated to handover about 27.50 acres out of 39 acres after retaining 11.50 acres for treatment plant. The Greater Chennai Corporation is taking steps for restoration of the pond and it is further mentioned in their statement that

Villivakkam is a thickly populated area with limited land available for public

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infrastructures. They require 11.50 acres of land in the Oxidation pond for its relay pumping station and for future expansion of sewage management activities, which is vital for the people of Small Industries Development Corporation Nagar and surrounding areas. They will not be discharging any effluent into the said land once the relay pumping station is commissioned. The remaining portion will be restored by the Greater Chennai Corporation as a water body.

Third respondent has also filed a further statement more or less in tune with the statement given by the second respondent. They also mentioned that no objection in public agency restoring the water bodies and they will not be discharging the effluent in the land once the relay pumping station is commissioned.

Fourth respondent / Commissioner, Greater Chennai Corporation also filed a statement more or less in tune with the statement given by other respondents.

Fifth respondent / Chennai Metro Rail Limited also filed a statement stating that they have dumped the construction debris as requested by the sewage board. The applicant has filed rejoinder affidavit controverting the statement made by the authorities.

Heard the applicant who appears in person and also counsel appearing for the first and second respondent.

There is a duty cast on the State Government and the Local bodies to maintain the water bodies which act as a balancing factor to maintain ecology and also for a ground water recharge purpose. Further, the existence of water

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bodies is in a way helpful to collect the excess rain water to avoid flood in the low lying areas. Most of the flood during these days happened only due to unscientific and indiscriminate manner in which the water bodies have been encroached when they were found dry during non-monsoon seasons by reclaiming the same and making constructions.

On account of the encroachment the inlets and outlets of the water bodies are also blocked, which resulted blocking of flow of water into the water bodies.

It is not necessary for this Tribunal to reiterate the decisions and directions of

Apex Court in this regard, as about duty of local bodies and state authorities to maintain and restore the water bodies to its original position so as to maintain the balance of ecology and improve the ground water recharge system. Wherever it is found from revenue records that it is a water body and there is any encroachment, directions were also given by Apex Court to the local bodies and

State Authorities to remove the encroachment and restore the water bodies to its original position.

Admittedly, as per the revenue records Villivakkam Konnur Lake was having an extent of 214 acres of land which has been now reduced to 39 acres.

It is not known what is the extent of land covered by SIDCO and SIDCO Housing

Nagar and beyond that what is the extent of land available for restoring the water body as well. It is not known as to what are the steps taken by the Government as well as Greater Chennai Corporation to maintain the remaining extent of water body available and what is the present stage.

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So considering the circumstance, we feel it appropriate to frame the following terms of reference for consideration and submit a report:-

1) What is the total extent of Lake as per revenue record?

2) What is the extent of land given to CMBWSS and SIDCO and

Housing Board?

3) What is the extent covered by the oxidation pond?

4) What is the remaining area available for Rejenuation and

restoration?

5) What are the steps taken by the authorities to preserve and

restore the lake atleast to the extent whatever is now available to

preserve, conserve and protect the water body so as to improve

the ground water recharge system.

Sewage Board is also directed to submit their action plan for construction of Sewage Treatment plant as mentioned by them in their reply statement and indicate the location that has been identified by them for that purpose as this

Tribunal in an earlier order directed the authorities not to make any sewage plant in the available extent of water body.

We also appoint a joint committee consisting of District Collector, Chennai,

Commissioner, Greater Chennai Corporation and one senior officer of the

CMWSSB and Senior Engineer of the State Public Works Department and

Irrigation and Water Resource Department to go into the alone questions and respond to the terms of reference pointed out by this Tribunal and also indicate

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short term and long term steps to be taken for the restoration of the water bodies and if there is any possible encroachment other than the handing over the area by the Government in a legal manner to recover the same and restore the same into its original position and submit a factual and action taken report. They may also mention what are all the steps taken by the authorities to avoid discharge of untreated effluent into the lake and steps taken for making the lake pollution free and steps taken to remove the blocks if any for the inlets and outlets of the lake to collect surplus rain water during the monsoon.

Commissioner, Greater Chennai Corporation will act as a nodal agency for this purpose. The Committee is directed to submit a report within a period of three months.

For consideration of a report post on 08.04.2020.

...... J.M.

(Justice K. Ramakrishnan)

...... E.M. (Saibal Dasgupta)

06th January, 2020. Mn.

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