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.
...... J.M. (Justice K. Ramakrishnan)
...... E.M. (Saibal Dasgupta)
O.A. 243/2017, 07th February, 2020. Mn.
9