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Before the National Green Tribunal Southern Zone, Chennai

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Before the National Green Tribunal Southern Zone, Chennai Item No.08: BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No.273 of 2017 (SZ) IN THE MATTER OF: Sri Sarvamangala Nagar Residents Association ... Applicant(s) With Secretary to Government, Public Works Department, Chennai and Others. ...Respondent(s) Date of hearing: 07.02.2020. CORAM: HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER For Applicant(s): Mr. M.R. Gokula Krishnan. For Respondent(s): M/s. S.N. Parthasarathi for R1 to R5. M/s. Abdul Saleem & S. Saravanan for R6. M/s. P. Srinivas & N.K. Ponraj for R7 to R9. M/s. S. Kamaleshkannan for R10. 1 ORDER 1. The grievance in this application is regarding indiscriminate dumping of municipal waste and also discharge of untreated municipal sewage into the Sembakkam Lake. It is alleged in the application that Sembakkam Lake was originally having an extent of 150 acres filled with fresh water to its brim. Since the lake became dry and decay due to several factors and due to the negligent act of the local bodies, it has become a dumping ground for municipal waste. There is no proper sewage system provided in the neighbouring municipalities namely Sembakkam Municipality, Tambaram Municipality, Pallavaram Municipality and Chitlapakkam Selection Grade Town Panchayat and the entire untreated sewage from this area is illegally drained into Sembakkam lake which affects the purity of the lake. 2. The storm water drain has become sewage drains through which the municipal untreated sewage is being let into the lake. No attempt was made to desilt the lake for the last two decades which resulted in increase in encroachment and thereby the area of the lake has shrunk. Though several complaints have been made regarding the same, no effective steps have been taken by the regulators to abate these illegal activities. 2 3. So, the applicant filed this application seeking the following reliefs:- (a) To stop the indiscriminate discharge of sewage water into Sembakkam Lake by local bodies i.e., respondents No.7 to 10. (b) To stop continuous and unabated drawal of lake/ground water from the sembakkam lake by the Pallavaram Municipality in the interest of the people of the region. (c) To demarcate the boundaries of the lake, remove the encroachment and to restore the lake to this original dimension and install fence to prevent encroachments. (d) To rejuvenate the Sembakkam Lake by deepening, desilting, raising and strengthen the bunds so that the lake would be restored to its original status to serve as an effective water body. (e) And pass such further or other orders as it may deem fit and thus render justice.” 4. Sixth respondent / TNSPCB filed counter statement stating that after the order of this Tribunal in Appeal No. 37 of 2012 dated 12.05.2017, dumping of municipal solid wastes in the compost yard on the banks of Sembakkam lake was stopped by the Sembakkam Municipality since 04.09.2015 and the daily generated waste is being taken to the Venkatamangalam ISWM Project through the Kannadapalayam Transfer station, Tambaram. 5. The Sembakkam Municipality has informed that for implementation of Underground Sewerage Scheme (UGSS) 3 proposal has been sent to the Commissioner of Municipal Administration for preparation of Detailed Project Report by the CMWSSB. 6. They also informed that they are taking steps to remove the legacy waste in the compost yard through Bio-mining process, for which tender called and work order was issued to M/s.Zigmal Global Environ Solutions (P) Limited. 7. The Sembakkam Municipality covers Rajakilpakkam, Sembakkam & Gowrivakkam villages which spreads over an extent of 6.25 KM and divided into 15 wards. The said dump site was inspected by the TNSPCB officials on 04.01.2018. During the inspection it was observed that the legacy Municipal Solid Waste dumped in the said area was not removed yet and no Bio-mining work was carried out. 8. Tenth respondent filed a counter denying the allegations. They have stated that they are not party to the proceedings in Application No. 98 of 2014 of this Tribunal. They are not involved in the process of illegal dumping of solid waste in the lake bed of Sembakkam Lake and that is not falling within the territorial jurisdiction of the tenth respondent panchayat. 4 9. It is alleged that waste water discharged by the Tambaram Municipality through storm water drains into thier territorial limit at Thangal Karai Street of their Panchayat and the leakage water released from the Chitlapakkam Lake is passing through the storm water drains constructed in their Panchayat through Thangal Karai Street, Marai Malai Adigal street, Pampan Swamigal street, Babu street and Balaji Avenue measuring an extent of about 2 KM in length. 10. Close to Balaji Avenue adjoining to Sembakkam Lake, a water treatment plant was constructed by Panchayat in the year 2007 and only after proper treatment, the treated water is only discharged in the Sembakkam Lake. Since January 2017, the treatment plant was not functioning due to major repair. The panchayat is taking steps to repair the treatment plant and it was carried out and completed at the cost of Rs.18 lakhs thereby stopping of the waste and sewage water entering into Sembakkam Lake has been maintained. No industry is situated within that area and the garbage collected from their panchayat is handed over to the contractor who was engaged for that purpose dealing with the solid waste management system and they segregate as organic garbage and inorganic garbage and the organic garbage is dumped in the dumping yard and converted into fertilizers and sold. The inorganic garbage is sold to parties 5 for recycling. According to them they have not contributed anything to the pollution of the lake. 11. Fifth respondent submitted that they are only formal parties to the proceedings and they are adopting the statement filed by the tenth respondent. 12. Though the matter is pending since 2017, others have not filed any statement. 13. When the matter came up for hearing today, the learned counsel appearing for applicant produced some photographs for our perusal which show the pathetic condition of the lake as well as the surrounding area including the storm water drain which are filled with garbage and sewage. There is no maintenance seen done in the lake area. 14. Before disposing the matter, we feel it appropriate to get the present status report. It may be mentioned here that there is a duty cast on the State Government and also on the local bodies to maintain the water bodies and keep it free from pollution and encroachment. The local bodies are not expected to use the lake area as a dumping ground and it cannot be used to receive the untreated sewage as it is likely to affect the water quality of the lake. 6 15. As per the decisions of the Hon’ble Supreme Court and Principal Bench of this Tribunal regarding the maintenance of the water bodies, it is well settled that it is the duty of the local bodies and the State Government to maintain the same as the existence of water bodies are required for the purpose of maintaining the equilibrium of ecology and Bio-diversity. It will have great impact on climate change as well. Water bodies are a source for ground water recharge which helps to raise ground water level to meet the water scarcity in that area. 16. So under such circumstances, we feel it appropriate to constitute a joint committee comprising of District Collector, Chengalpattu, Tamil Nadu State Pollution Control Board (TNSPCB), Superintending Engineer of Public Works Department and Water Resource Organization and the Commissioner of Municipal Administration, Chennai and the respective commissioners namely Sembakkam, Tambaram, Pallavaram Municipality and Executive Officer of the Chitlapakkam Selection Grade Town Panchayat to inspect the area in question and submit the present status including the encroachment into the water bodies and dumping of waste and discharge of untreated sewage including the condition of sewage system in these municipalities which is being discharged into the Sembakkam Lake. The committee may further look into the condition of the 7 STP, if any, established by them and its functioning and if there is any violation what is the action taken and also the stage of the implementation of Solid Waste Management Rules, 2016 as directed by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 and if there is any violation affecting the ecology of the lake then assess the environmental compensation to be recovered from the person who is responsible for the same and submit a factual and action taken report in this regard to this Tribunal within a period of two months. 17. Superintending Engineer of PWD, Chengalpattu will be the nodal agency for co-ordination and also providing necessary logistics for this purpose. 18. The Commissioner, Municipal Administration, Chennai shall supervise the progress of the functioning of committee and provide all necessary assistance for submission of their report. 19. The Registry is directed to communicate this Order to the above said officials and also to the Chairman, State Level Monitoring Committee appointed by the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018 for effective supervision and submitting a separate report in this regard and also the progress done by the joint 8 committee appointed. 20. The Joint Committee as well as State Monitoring Committee shall submit their report to this Tribunal through e- mail at [email protected] within that time. 21. For consideration of report post on 04.05.2020.
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