ORDER

1. This Original Application is registered suo-motu on the basis of the news item titled "Sea of Toxic Foam In Tamil Nadu’s Hosur After Dam Discharges Surplus Water” appearing in NDTV.com dated 05.12.2024.

2. The matter relates to a toxic foam crisis that has emerged in a stretch of south Pennai river near Hosur, Tamil Nadu, as the Kelavarapalli Dam released surplus water following heavy rains. As per the article, this foam, rising up to 10 feet high in some areas, is attributed to industrial effluents and untreated sewage from Bengaluru entering the Thenpennai River, which feeds the dam. The chemical pollutants, including detergents and phosphates, create froth when agitated by turbulence in the water, especially during high inflows from rainfall.

3. The article highlights that this foam reduces dissolved oxygen levels in the water, leading to the death of fish and the destruction of algae, which are critical to the river’s health. Furthermore, the foam also presents risks of waterborne diseases for nearby communities that rely on groundwater linked to the river system. It is also alleged that this is not the first time toxic foam has plagued Hosur. In October, heavy rain and reservoir discharges led to a similar incident, with five-foot-high froth spilling onto roads, disrupting traffic, and sparking cleanup efforts by emergency teams.

4. The above news item indicates violation of the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Environment (Protection) Act, 1986.

5. The news item raises substantial issues relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.

6 . The power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.

7. Hence, we implead following as respondents in this matter:

(i) T amil Nadu Pollution Control Board, Through its Member Secretary, No. 76, Mount Salai, Guindy, Chennai – 600032 (ii) Central Pollution Control Board (CPCB), Through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi-110032 (iii) Ministry of Environment, Forest and Climate Change, Through its Regional Office, Integrated Regional Office, 1st Floor, Additional Office Block for GPOA, Shastri Bhawan, Haddows Road, Nungambakkam, Chennai – 600006 (iv) District Magistrate, Krishnagiri, Collectorate Krishnagiri

8. Issue notice to the above respondents for filing their response/reply by way of affidavit before the appropriate Bench of the Tribunal at least one week before the next date of hearing. If any respondent directly files the reply without routing it through his advocate then the said respondent will remain virtually present to assist the Tribunal.

9. Since the matter relates to the Southern Zonal Bench, Chennai, therefore, OA is transferred to the Southern Zonal Bench for appropriate further action. The office is directed to transfer the original record of the OA to Southern Zonal Bench, Chennai.

10. List before Southern Zonal Bench at Chennai on 10.02.2025.

Prakash Shrivastava, CP Dr. A. Senthil Vel, EM December 18, 2024 Original Application No. 1374/2024 AS ..