Allowed

Korattur Peoples Welfare Awareness Trust Rep. by S.Sekaran. Managing Trustee v. Government of India Moef & Cc

NGT15 Mar 2022IA No. 50/2022 in Original Application No. 268/2016

Case brief

AI extract

What is this about?

The Tribunal allowed the impleadment of the Avadi Municipal Corporation as an additional 20th respondent in a petition concerning sewage pollution in Korattur Lake. It directed the authorities to file progress reports on action taken under the Solid Waste Management Rules, 2016, detailing timelines for completing the underground sewage system and plugging sewage outfalls.

What did the court decide?

Impleadment of Avadi Municipal Corporation as 20th respondent; direction to file progress reports with timelines on sewage projects.

Korattur Peoples Welfare Awareness Trust Rep. by… — Environment and Pollution | NGT (2022)

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Item No.13:

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BEFORE THE NATIONAL GREEN TRIBUNAL

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SOUTHERN ZONE, CHENNAI

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(Through Video Conference)

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Original Application No.268 of 2016 (SZ) & I.A. No. 50 of 2022 (SZ)

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IN THE MATTER OF:

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Korattur People’s Welfare & Awareness Trust Represented by Mr. S. Sekaran Founder and Managing Trustee Registered Office at: Door No.04, 5^th Main Road, Ellai Amman Nagar, Korattur, Chennai – 600 076.

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...Applicant(s) Versus Government of India, Rep. by its Secretary, Ministry of Environment, Forests & Climate Change, Central Secretariat, Indira Paryawaran Bhavan, Jorbagh Road, New Delhi and Ors. ...Respondent(s)

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Date of hearing: 15.03.2022.

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CORAM :

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HON’BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER

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HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER

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Page 1 of 13

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For Applicant(s): Mrs. D. Kamatchi.

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For Respondent(s): Mrs. M. Sumathi for R1. Dr. D. Shanmuganathan for R2 to R5. Mr. G. Janakiraman for R9. Mr. S. Sai Sathya Jith for R10 & R19. Mr. R. Saravana Kumar for R11, R13 to R16 & R18.

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O R D E R

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I.A. No.50 of 2022 (SZ):

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1. This is an interlocutory application [I.A. No.50 of 2022 (SZ)] filed by the Original Applicant to implead the Avadi Municipal Corporation represented by its Commissioner as additional 20^th Respondent, as the Avadi Municipality has become a Corporation now.

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2. So, this interlocutory application [I.A. No.50 of 2022 (SZ)] is allowed and the Avadi Municipal Corporation represented by its Commissioner is impleaded as additional 20^th Respondent and I.A. No.50 of 2022 (SZ) is disposed of accordingly.

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O.A. No.268 of 2016 (SZ):

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3. The Avadi Municipal Corporation represented by its Commissioner is impleaded as additional 20^th Respondent as per order in I.A. No.50 of 2022 (SZ).

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4. The Registry is directed to carry out the amendment in the cause title.

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Page 2 of 13

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5. The Original Applicant is directed to produce the amended copy of the Original Application within a week.

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6. The Applicant is also directed to produce necessary requisite along with postal cover and postal stamps before this Tribunal within a week so as to enable this Tribunal to send notice to the newly added 20^th Respondent to ensure service on them and proceed against them, if they did not appear in their absence in accordance with law.

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7. The Avadi Municipal Corporation will be having all the documents with them since it is only an upgradation of earlier Municipality and it is only a formality that the Corporation has been impleaded. So, the additional 20^th Respondent is directed to file their independent statement regarding the further action taken in continuation of the action taken by the municipality in implementation of the Solid Waste Management Rules, 2016 within their jurisdiction.

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8. We have received the report submitted by the 9^th Respondent/ CMWSSB dated 29.09.2021, e-filed on 06.01.2022 and also received another report submitted by them, showing the subsequent

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improvements in the progress of the work dated 01.02.2022, e-filed on 02.02.2022 which reads as follows:-

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“REPORT FILED BY THE 9th RESPONDENT

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I, V.G. Ramaswami, S/o. V.Gurusamy, Hindu, aged about 58 years

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now working as Superintending Engineer (Central/ Co-ordination) in the Chennai Metropolitan Water Supply and Sewerage Board, Chennai do here

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Page 3 of 13

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by solemnly affirm and sincerely state as follows, 1. I am the Superintending Engineer (Central/Co-ordination) of the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB), Chennai and 9^th Respondent herein and well acquainted with the facts of the case from the connected files.

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2. I am filing this updated Short and Long term action plan on behalf of the Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, Chennai-02 who has been cited as 9th respondent in the case filed by the Korattur's people Welfare & Awareness trust and taken up by Hon'ble National Green Tribunal, Southern zone, Chennai vide O.A. No. 268 of 2016(SZ).

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3. I humbly submit that the Hon'ble Green Tribunal, Southern Zone has given a direction to the committee members as follows:

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"..the Hon'ble National Green Tribunal in its order dated 12.12.2019 felt it appropriate to constitute a joint committee, consisting of (1) Principal Secretary for Urban Development Department, (2) Secretary, Public Works Department, (3) District Collector, Chennai, (4) Commissioner, Greater Chennai Corporation, (5) Senior Officer of Chennai Metropolitan Water Supply & Sewage Board, (6) Senior Scientist/ Officer of Central Pollution Control Board (7) Senior Officer/Senior Scientist Tamil Nadu Pollution Control Board and (8) IIT, Chennai to consider the question involved in the matter and prepare an action plan to find a permanent solution for the issue and execution of the same with shorter time line"

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4. In this regard The Chief Secretary of the State has been directed to monitor and intervene, if there is any intervention required and give necessary instructions to resolve the issue and come with proper effective action plan with shorter time line.

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5. Further, I humbly submit that Tamil Nadu State Pollution Control Board has been appointed as the Nodal agency for co-ordination and CMWSSB have communicated the progress of formulated action plan to TNPCB in proper time interval.

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6. In this regard the Hon'ble Justices of the National Green Tribunal, Chennai have issued direction on 04.10.2021 that the respondents cited in the application to submit their independent response and also further progress report regarding the work undertaken by CMWSSB.

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Page 4 of 13

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7. Accordingly, I submit the updated progress of Short Term Action Plan (Within six months) to plug the Domestic Sewage Outfalls into the Korattur Lake by CMWSSB tabulated below before the Hon'ble tribunal for its kind perusal:

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8. Further I also humbly submit the Long Term Action Plan (More than six months) to plug the Domestic Sewage Outfalls into the Korattur Lake as tabulated below before the Hon'ble tribunal for its consideration,

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9. I humbly submit that the total Sewerage generated in Area – VII from Depot 79 to 93 is 45MLD. The sewage from Area - VII is diverted to Kodungaiyur STP through 23 nos. of Sewage Pumping Stations. The Capacity of these 23 nos. of Sewage Pumping Stations is 259.92 MLD and the Capacity of Kodangaiyur STP is 270 MLD.

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10. I further humbly submit that High standards are maintained while disposing wastage from TTRO (Liquid and Solid). The Rejects received from TTRO is being blended with raw sewage to be treated in Secondary level into the waterways as per standards of CPCB/TNPCB norms. The treated Sewage is being let out into the water ways.

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11. In this regard works of plugging the Domestic Sewage Outfalls into the Korattur Lake are being carried out expediently in Area VII through "Illam Thoruminnaipu "scheme to effect House sewer connections to the residents in order to avoid the letting out sewerage into water bodies. In addition I also submit that works such as “laying of sewer main and construction of Manholes are also being carried out simultaneously so as to plug the sewerage into the lake.

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12. Further based on the NGT direction in the order dated 04.10.2021 to CMWSSB as given below,

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The 9th respondent is also directed to file a status and progress report regarding the construction of wells which they have undertaken for the purpose of collection of untreated sewage being generated in Avadi area till the Under Ground Sewage System (UGSS) is completed before the next hearing date.

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13. I further humbly submit that for the above mentioned direction in para 12 above to CMWSSB regarding the status and progress report of construction of well for the collection of untreated sewage being generated in Avadi area, the Under Ground Sewerage System (UGSS) with sewage pumping stations with collection wells were completed by CMWSSB & had been handed over to Avadi Corporation in a phased manner vide dates, 27.1.2020, 12.2.2020, 18.2.2020, 10.8.2020 & 24.8.2020. At present the complete Under Ground Sewerage System (UGSS) is being maintained by Avadi Corporation

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Page 11 of 13

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14. It is therefore humbly prayed that, this Hon'ble Tribunal may be pleased to accept my response on behalf of the Board and thus render justice.”

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9. It is seen from the report that in respect of certain areas, CMWSSB is in the process of preparing the DPR only. It is not known as to how much time they will take for completion of the DPR and thereafter, completion of work. Whenever, they are filing the report, they are expected to mention the timeline within which they will be able to complete the same.

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10. The CMWSSB is directed to come with a proper progress report with timelines within which they will be able to complete the work, as the matter is pending from 2016 and on account of not providing the proper sewage system, the Korattur lake is being contaminated with untreated sewage, causing pollution to the water body.

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11. The State Pollution Control Board is also directed to file their further

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progress –cum- action taken report regarding the improvement on account of any further progress done by the CMWSSB and if it is not

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done, what is the nature of action taken by them on the basis of the directions issued by the Principal Bench of the National Green Tribunal,

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New Delhi in O.A. No.606 of 2018 (PB) in respect of imposition of compensation.

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Page 12 of 13

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12. They are directed to submit their respective reports to this Tribunal on or before 27.04.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.

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13. The Registry is directed to communicate this order to the members of the Joint Committee, the newly added 20^th Respondent/Commissioner - Avadi Municipal Corporation, Tamil Nadu Pollution Control Board, CMWSSB, Public Works Department and the Greater Chennai Corporation, apart from communicating this order to the Additional Chief Secretary for Environment, Climate Change & Forest Department, Additional Chief Secretary for Water Resources Department and Additional Chief Secretary for Municipal Administration and Water Supply by e-mail for their information and compliance of directions. 14. For consideration of further progress –cum- action taken reports, post on 27.04.2022.

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Sd/Justice K. Ramakrishnan, JM

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Sd/-

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Dr. Satyagopal Korlapati, EM

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O.A. No.268/2016 (SZ) I.A. No.50/2022 (SZ) 15^th March 2022. Mn.

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Page 13 of 13

Korattur Peoples Welfare Awareness Trust Rep. by S.Sekaran. Managing Trustee v. Government of India Moef & Cc

Case brief

What is this about?

What did the court decide?

Korattur Peoples Welfare Awareness Trust Rep. by S.Sekaran. Managing Trustee v. Government of India Moef & Cc

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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