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Item No.6

BEFORE THE NATIONAL GREEN TRIBUNAL

SOUTHERN ZONE, CHENNAI

Original Application No. 37 of 2019 (SZ)

IN THE MATTER OF:

Avatar .. Applicant

Vs.

State of ... Respondent(s)

Date of hearing:9.1.2020

CORAM:

HON‟BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER

HON‟BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER

For applicant : Nil

For Respondent(s) : . Mr. Mr.S.N. Parthasarathy

ORDER

The above case was taken up on file on the basis of the letter received regarding non maintaining of lakes and waterbodies at and other places of State of Tamil Nadu which is accompanied by a paper publication reported in Tamil Daily

„Dinakaran‟ dated 25.11.2018 under the caption “பராம쎿க்க ஥ிதி இல்லாமல் வ ீணாகு믍

விவசாய 埁ளங்கள் ” .

By order dated 15.1.2019, we directed the Secretary, Irrigation Department,

Government of Tamil Nadu to look into the matter and take appropriate action in accordance with law and furnish a factual and action taken report to this Tribunal.

Though the matter was taken up on 20.9.2019, no report was filed and Chief Secretary was directed to look into the matter and submit a report. Accordingly report has been

2 submitted on behalf of the Chief Secretary by the Public Works Department. They have only mentioned about the broad outline of the number of lakes, waterbodies etc available in the State of Tamil Nadu and long term and short term measures that they are going to implement through different schemes to protect and preserve waterbodies in the State.

As far as is concerned, they have mentioned about the status as follows: “Tanks in Coimbatore District Report: In System, there were 25 system tanks, 6 non system tanks. Under this 8 system tanks namely, 1. Narasampathy, 2. Kumarasamy, 3. Selvachinthamani, 4. Selvampathy, 5. Krishnampthy, 6. Coimbatore big tank, 7. Valankulam and 8. Singanallur were handed over to Corporation under long term lease agreement to 90 years which are inside the Corporation limits. 1. Encroachment: 2. Among all the 25 system tanks were without any encroachment even some small encroachments in Perur big tank, Sottaiyandikuttai were evicted recently. 6. Non system tanks were also encroachment free. 3. Condition of the Tanks: All the 25 system tanks formed in earthen bund about hundred years back. However, the tank bunds are in good condition. Breaches were not occurred for so many years. In a Dinakaran News paper dated 25.11.2018 (Madurai Edition) it is only indicated that a huge sum of money has been invested by the Corporation for beautification only however no necessary treatment plants were proposed in the Smart city mission. It is learnt that the Corporation has taken the three tanks in initial phase namely, 1. Periyakulam, 2. Valankulam, 3. Selvachinthamani. However, they are also proposed to provide necessary treatment plants for purification of sullage/sewage which was let into tank and channels inside Corporation. There is a necessary provision to treat water and simultaneous beautification in the Government sponsored schemes. During South West monsoon, most of the tanks were completely filled with water through leading channels from anicut. From 2017 onwards based on the request of farmers, the vandal earth in tanks was desilted as per G.O.Ms.No.50

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Industries (MMC.1) Department, dated 27.4.2017 with District Gazette publication. The Non Governmental Organizations are also involved in desilting and removal of earth from tank. Presently most of the tanks get surplus water, however no issues were noticed till now from all tanks. The field staff were completely monitoring the condition of bund, shutters, sluice, etc regularly and found that all the tanks were intact. The system is old one approximately an amount of Rs.37 lakh allotted per year under Noyyal system from 0 to 83.05 km. With the help of annual maintenance fund, the earthen channels were desilted and jungles, bushes were cleared regularly and also shutters were restored Under Kudimaramath sheme 2017 – 18, Pudukkaduanicut, Oderapalayam channel surplus escape shutter and surplus weir of tank were repaired with an estimate amount of Rs.32.00 Lakh and 20.00 Lakh respectively. In the year 2019 -20, under the above Kudimaramath scheme, Rehabilitation of Neelambur – Irugur supply channel works were taken up for an amount of Rs.10.00 Lakh. Since the tank is with full of water, desiltation, bund strengthening were not covered in the estimate. In Taluk one check dam across Kumittipathy river sat an estimate cost of Rs.85 lakh has been constructed in the year 2019 – 20 and water was stored and surplused during this South-west monsoon. Under district Mine fun (through Industry Department), 2 check dams in Kurichi village, Pichanur village in Madukkarai Taluk are proposed to be carried out at an estimate amount of Rs.120 Lakh and Rs.75 Lakh respectively. At the outset, in Coimbatore district all the 25 system tanks and 6 non system tanks are in good condition in stability aspects, encroachments free, water is stored to its fullest capacity in all tanks and all tanks are maintained at surplus condition itself. Thus, it is evident that the is making all necessary efforts to evict the encroachment and desilting the City reservoirs to store water.” It is seen from the report that the existing 25 systems and 6 non systems in

Coimbatore District are encroachment free and they are taking all necessary

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steps to protect and preserve the existing waterbodies in Coimbatore District.

They are also taking earnest efforts to evict encroachments and desilting the

existing reservoirs to store water and preserve the same in good condition free

from pollution.

Under these circumstances, we feel that there is no necessity for passing any

further orders in this matter, except making observation that the concerned

authorities are directed to have regular monitoring and take further steps to

protect and preserve the existing water bodies against encroachment and as far

as possible make all necessary steps for beautification and create bio diversity

park around the waterbodies so that further encroachment of waterbodies which

had already been retrieved could be avoided. Further, creation of bio diversity

park will attract migratory birds and improve ecology of the lake and surrounding

areas.

With the above direction and observation, the application is disposed of.

...... J.M.

(Justice K. Ramakrishnan)

...... E.M.

(Saibal Dasgupta) kkr

.