Item No.08:

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE,

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.

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ORDER

1. The grievance in this application is regarding indiscriminate

dumping of municipal waste and also discharge of untreated

municipal sewage into the 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, Municipality, Municipality

and 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.

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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)

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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 ,

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.

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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

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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.

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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

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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, 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

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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.

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