BEFORE the NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI APPLICATION Nos. 173 and 175 of 2013 (SZ) in the Matter Of: Shri A. Go
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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI APPLICATION Nos. 173 and 175 of 2013 (SZ) In the matter of: Shri A. Gothandaraman S/o. T. Anandam Chettiar 53, Deep Street Vadiveeswaram Nagercoil-1 ... Applicant in both the Applications AND 1. The Commissioner Nagercoil Municipality Nagercoil 2. The District Collector Collectorate Nagercoil 3. The Managing Director TWAD Board, Kamarajar Salai Chennai 4. The Executive Engineer TWAD Board, RWS Division No. 20, Cave Street Nagercoil 5. The Executive Environmental Engineer Pollution Control Board Kesari Street Nagercoil 1 6. The Chairman Pollution Control Board Anna Salai Chennai 7. The Member Secretary State Level Environment Impact Assessment Authority No. 1, Jeenis Road Saidapet Chennai-15 ... Respondents in both the Applications (The 7th respondent was impleaded suo motu by orders dated 07.10.2013 of the Tribunal) Counsel appearing: Applicant: Shri A. Yogeshwaran, Advocate in Application No. 173 of 2013 (SZ) and Shrimathi D. Nagasaila and Shri Moses, Advocates in Application No. 175 of 2013 (SZ) Respondents : M/s. Abdul Saleem and S. Saravanan, Advocates for respondent No. 1; M/s. M.K. Subramanian and M.R. Gokul Krishnan, Advocates for respondent Nos. 2 ; Shrimathi S. Thamizharasi, Advocate for respondent Nos. 3 and 4; Shrimathi H. Yasmeen Ali, Advocate for respondent Nos. 5 and 6 and Shrimathi P. Mahalakshmi, Advocate for respondent No. 7 JUDGMENT Present: 1. Hon’ble Shri Justice M. Chockalingam Judicial Member 2. Hon’ble Prof Dr. R. Nagendran Expert Member 2 Dated, 17th March, 2015 (Hon’ble Justice Shri M. Chockalingam) Application Nos. 173 and 175 of 2013 (SZ) 1. Aggrieved by the construction of a sewage pumping station at 420/51 in Vadiveeswaram, Nagercoil and a sewage pumping station at S.No. M7/9-2 in Nagercoil village these applications have been filed by one and the same applicant therein in his capacity as a resident of Nagercoil for directions to the respondent authorities (i) to refrain from constructing a sewage pumping station (SPS) at 420/51 in Vadiveeswaram, Nagercoil, to remedy the damage already caused to the site by taking suitable action and to find an alternative site for setting up of the sewage pumping station in accordance with the governing laws in Application No. 173 of 2013 and (ii) to refrain from constructing the sewage treatment plant (STP) at S.No. M7/9-2 in Nagercoil Village, Agastheeswaram Taluk, Nagercoil. 2. As the grounds raised in both the applications are on same footing, the brief facts that led to the filing of the applications by the applicant herein in both the applications can be stated thus: 3 3. The respondents have commenced the construction related to the activity at the present site without obtaining necessary Consent to Establish (CFE) from the 6th respondent, Tamil Nadu Pollution Control Board (TNPCB). As a resident of the area and a public spirited person fighting against the environmental degradation in Nagercoil and its surroundings, the applicant filed a civil suit in O.S.No. 269/2006 against the 1st and 2nd respondents before the District Court, Nagercoil against dumping of waste and garbage in public places and against health hazards faced by the common people which led to issue of instructions for the disposal of the garbage in an eco-friendly manner. The applicant has also participated in the demonstrations by the people to register protest against the authorities for establishing underground SPS in Paraikal Madam, Kalvettankuzhi Street, Nagercoil in S. No. 420/51 in Vadiveeswaram Village, AgastheeswaramTaluk, Nagercoil. The permission for the proposed SPS was granted by the 1st respondent in his proceedings No. Roc. No.M3/2804/08 dated 15.10.2008 without alienating the land as the land belongs to a school. The Tahsildar, Agastheeswaram has not handed over the site to the 1st respondent. The land where the respondents have decided to set up the SPS belongs to Kottar Bazaar Government Primary School (school) at Paraikal Madam, Vadiveeswaran, Nagercoil constructed by the erstwhile Raja of Travancore in the year 1928 and the school building was 4 demolished illegally on 26.10.2012. The 1st respondent proposes to allot an extent of 52 cents of the school land for the SPS and the area has the population of about 20,000. Various representations made to the authorities stating the harms of establishing the SPS and registering protest in a democratic way evoked no response from them. There is no transparency on the part of the Tamil Nadu Water Supply and Drainage Board (TWAD) shown as 3rd and 4th respondents. 4. The SPS proposed to be located in very low lying area will be an added health hazard as there is a possibility of flooding of sewage during rainy seasons, as Nagercoil gets heavy rain during monsoon. The difference between the high level and low level area is more than 100 ft. When the Project Proponents dug the area on 07.05.2013, water gushed out for about 2 ft depth and the pressure and velocity of the sewage flow will be more. It is estimated that more the 10 MLD of sewage will be flowing into the sewage pumping pits and there will be incompatible pumping to compensate the inflow of sewage. 5. The decision of the authorities to set up STP is violative of Articles 14 and 21 of the Constitution of India and has been taken without taking into account the relevant factors and the pollution that will be caused due to setting up of the SPS/STP in the midst of thickly populated area. Based on information obtained through the Right to 5 Information Act (RTI) the power required for operating the SPS/STP will be above the permitted limits. 6. The construction of STP at the proposed site in an extent of 3 acres would result in great harm to environment and health of the residents of the area apart from changing the residential character of the area itself. The STP will store Chlorine gas and in the event of any accident the consequences will be disastrous. There is not enough area around the STP for creation of a buffer zone or green belt and the gases and bio aerosols released from the site will harm the children, pregnant women and aged citizens in the area besides causing sufferings to the inpatients in the hospitals. The STP falls short of siting criteria Nos. 3, 4 and 10 of the norms prescribed by the TNPCB and the STP is not located beyond 500 m from the nearest house nor declared as a no- development area around the site. There are many hospitals, temples and churches located within 500 m of the site and no assessment of opinion of the residents has been done. The activities of TWAD Board are kept in secrecy against the criteria guidelines of the TNPCB. The STP would be handling huge quantity of raw sewage that would be in anaerobic form and would result in continuous generation of large quantities of obnoxious gases like H2S and Methane apart from other pollutants and bio-aerosol. This will result in polluting the entire area and 6 the foul smell will emanate since the residences are downward from STP. 7. The Executive Engineer, PWD, WRO Nagercoil was not given permission to let out the treated sewage into the Vadalivilai irrigation channel which has become obliterated in many stretches due to encroachment and siltation. The Vadalivilai canal infalls into Chettikulam and Poochathankulam and into the Ananthanar canal and the water from it is used for drinking and other domestic uses. The sewage which has high content of Phosphate and Nitrate are harmful for the water bodies and human use. The guideline issued by the TNPCB prohibits the discharge of sewage into the water bodies used by the people. 8. The 1st respondent, without obtaining the CFE from the 5th and 6th respondents, TNPCB has already commenced constructions which is contrary to law. 9. Per contra, the 1st respondent, namely, the Commissioner, Nagercoil Municipality would state in reply that proper steps have been taken by the 1st respondent for the construction of STP with proper advise from the TWAD Board for setting up the STP and there is no violation as averred by the applicant. Based on the orders passed in O.S.No. 269/2006 by the learned District Court, the 1st respondent has plan and scheme to set up the STP in an eco-friendly manner along with 7 TWAD Board. The 1st respondent Municipality has allotted 3 acres of land in Valampurivilai for the STP. Further steps for allotment of land as requested by the TWAD Board are also in process. The applicant and the general public have been wrongly advised that setting up of the STP is more harmful at the present site in question. The proposed STP will be established in a scientific manner with modern technology. The criteria Nos. 3, 4 and 10 are only general guidelines and when NOC was sought for, the TNPCB directed the 1st respondent Municipality to declare the land covering a radius of 100 m as “no development activities area”. This was declared in the proceedings dated 24.07.2013 of the 1st respondent and the further extent of 3 acres sought for developing the green belt is pending consideration. No other land is available in Nagercoil town and the proposed site is situated within the dumping yard now in existence and protected by a compound wall. The 1st respondent has addressed the TNPCB to give CFE for the STP and necessary action is being taken by the TNPCB for getting approval of the zonal meeting at Madurai.