JUDGMENT

1. The above case was Suo Motu registered by this Tribunal on the basis of the news paper report published in Dinamalar Chennai City Supplement tiuglj;jpy; ,Ue;J Edition dated, 07.08.2020 under the caption “

2. It was alleged in the newspaper report that Puthagaram Thangal Lake was having an extent of 42.36 acres – near Highways road at 24th Ward, Puthagaram, Madhavaram Zone, Chennai.

3. Most of the area of the lake and its feeder canals have been encroached by private concerns and become housing plots un-authorisedely and some of the people in that locality who had encroached and reduced the area had created false documents and with the help of the local politicians and the Revenue Department, converted the same into housing plots and sold them for higher prices. Though there was a direction given by the Hon‟ble High court of Madras to remove the encroachment, no effective steps have been taken. Though some steps were taken to remove the encroachment by demolishing the unauthorisedly constructed houses, but later due to the stay order granted by the Hon‟ble High Court of Madras, further steps have not been taken after the declaration of assembly election.

4. The Chennai Metro Water Supply Sewerage Board also encroached the lake area and built a Sewage Treatment Plant. Later, it has become a dumping place for solid wastes and also for discharging untreated sewage water. Unless certain steps were taken to rejuvenate this lake, it was likely to be vanished from the records and on ground as well.

5. After reiterating the responsibility of the State to protect the water body and environment as contemplated under Article 48 (A) of the Constitution of India and reiterated by the Hon‟ble Apex Court, as well as various High Courts and also the National Green Tribunal, including Hon‟ble High Court of Madras, Since this Tribunal was satisfied that there arose a substantial question of environment, the matter was admitted.

6. On 17.08.2020, it was informed by the Government Pleader that this area falls within the jurisdiction of Thiruvallur District, originally impleaded as 6th respondent was substituted by the District Collector, Thiruvallur District instead of the District Collector, Chennai District as per order dated 17.08.2020.

7. Thereafter, this Tribunal had appointed Joint committee consisting of 1)The District Collector, Thiruvallur District or a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate deputed by the District Collector 2) Superintending Engineer of Public Works Department and Water Resources Organisation, who is in charge of that area, 3) Senior Officer from Chennai Metropolitan Water Supply & Sewerage Board 4) Commissioner or a Senior Officer designated by the Commissioner of Greater Chennai Corporation, and 5) Senior Officer from the Chairman Tamil Nadu State Pollution Control Board as deputed by its Chairman to inspect the area in question and submit a factual as well as action taken report if there was any violation found.

8. The committee was directed to ascertain:

i) the original extent covered by the lake as per original revenue records and the extent of encroachment, action taken to remove the same and restore it and the action taken to protect the same from future encroachment and pollution.

ii) The committee as well as the Tamil Nadu State Pollution Control Board were directed to report about the stage of implementation of the directions issued by the Hon‟ble High Court of Madras regarding the removal of encroachment and its stage of compliance.

iii) Whether there was any scheme launched by the State Government or by the District administration for the purpose of rejuvenation and protection of this water body, if so, what was the stage of its implementation and iv) Whether there was any unauthorised dumping of garbage or discharge of untreated sewage into the lake happending and if so, trace out the persons who were responsible for the same and take appropriate action includi