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2024 Supreme(Online)(NGT) 4344
NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Smt. Pushpa Sathyanarayana, J, Dr. Satyagopal Korlapati, ACJ
NATIONAL GREEN TRIBUNAL SOUTHERN ZONE – Appellant
Versus
THE SECRETARY TO GOVT. OF TAMIL NADU DEPARTMENT OF ENVIRONMENT – Respondent
Original Application No.52 of 2020 (SZ) | Original Application No. 67 of 2020 (SZ)
For the Appellants/Petitioners: Suo Motu
For the Respondents: Dr. D. Shanmuganathan for R1 to R6, R8 to R10, Mr. S. Sai Sathya Jith for R7, Mr. Rajamathivanan for R11, Mr. M. Balakrishnan and Mr. M.B. Elakkumanan for R12
The judgment emphasizes strict compliance with environmental regulations and the necessity for local bodies to manage waste effectively to prevent pollution.
Headnote:(A) Environmental Protection Act, 1986 - Waste Management Rules, 2016 - The Tribunal directed local bodies to ensure no untreated sewage reaches water bodies, implement solid waste management rules, and monitor compliance accordingly. (Paras 1, 2)
(B) Compliance and Enforcement - Both municipalities were to rectify legacy waste issues and assess contamination from waste disposal practices, with specific compliance timelines mandated. (Paras 3, 6)
(C) Environmental Compensation - Imposition of fines for non-compliance and directions for remediation laid out, highlighting strict enforcement of environmental laws. (Paras 8-10)
Facts of the case:
Issues of untreated sewage pollutants affecting water bodies led to tribunal intervention, mandating municipalities to comply with waste management strategies and monitor environmental protections diligently.
Findings of Court:
The Tribunal highlighted significant steps taken towards compliance and imminent completion of pending measures while affirming ongoing monitoring requirements by the pollution control board.
Issues: Main issues included implementation of solid waste management practices and prevention of untreated sewage discharge into the Cauvery River.
Ratio Decidendi: The court ruled local bodies must adhere strictly to environmental guidelines and timelines to avert penalties; ongoing supervision by relevant authorities is crucial for compliance assurance.
Result: Both Original Applications are closed.
| Table of Content |
|---|
| 1. directives for waste management compliance and pollution prevention. (Para 1 , 2) |
| 2. description of waste management strategies and municipal responses. (Para 3 , 4 , 5 , 6) |
| 3. importance of continuing regulations and sanctions for environmental compliance. (Para 7 , 8 , 9 , 10) |
| 4. conclusion that validates compliance success and closure of the applications. (Para 12 , 13) |
JUDGMENT
1. Both the matters [Original Application Nos.52 and 67 of 2020 (SZ)] have been disposed of this Tribunal vide its Judgment dated 31.01.2022 with the following directions:-
“43. So, both these applications are disposed of as follows:-
(i) Both the Pallipallayam Municipality and the Erode City Municipal Corporation are directed to carry out the action plan prepared by them in tune with the recommendations made by the Joint Committee to resolve the issue within the timeline fixed by them and ensure that no untreated sewage is reaching the Cauvery River.
(ii) The Pallipallayam Municipality as well as the Erode City Municipal Corporation are directed to carry out the implementation of the Solid Waste Management Rules , and Other Waste Management Rules within their area of jurisdiction in its letter and spirit and 100% compliance of the same to avoid further dumping of waste in the dump yard to create further legacy waste and treat the waste generated scientifically as provided under the respective Waste Management Rules strictly in accordance with law.
(iii) The Tamil Nadu Pollution Control Board is directed to monitor the progress of the work undertaken by both the Pallipallayam Municipality and the Erode City Municipal Corporation in carrying out the action plan prepared by them to prevent discharge of untreated sewage into the Cauvery River or any drain which ultimately reaches the Cauvery River to avoid pollution being caused to the water body and if there is any lacuna or violation found, then they are directed to take appropriate action against the local bodies who are responsible for the same in accordance with law.
(iv) The Tamil Nadu Pollution Control Board is also directed to implement the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 in respect of imposition of environmental compensation against those municipalities who have not implemented the directions in its letter and spirit and file the progress report regarding the action taken and the results thereof before this Tribunal on or before 04.07.2022.
(v) After the legacy waste is disposed of by bio-mining, the Pallipallayam Municipality as well as the Erode City Municipal Corporation are directed to conduct a further study regarding the contamination (if any) caused to the soil and the groundwater in that area, due to dumping of waste for a long time by the recognized agency as suggested by the Tamil Nadu Pollution Control Board and the expenses required for conducting such study and carry out the remediation measures suggested by that agency also will have to be borne by the Pallipallayam Municipality and the Erode City Municipal Corporation within their area of jurisdiction and that will have to be monitored by the Tamil Nadu Pollution Control Board and satisfy that remedial process has been completed and the contamination (if any) caused to the soil has been remedied by the methods provided by the agency in this regard.
(vi) If there is any contamination caused to the soil, then the Tamil Nadu Pollution Control Board is also directed to assess environmental compensation for the damage caused to the environment and take steps to recover the amount from the respective local bodies, after issuing proper notice and conducting a hearing in accordance with law.
(vii) The above aspects must be reflected in the compliance report to be submitted by the Pallipallayam Municipality, Erode City Municipal Corporation and the Tamil Nadu Pollution Control Board as directed by this Tribunal in the earlier paragraphs.”
2. In compliance wit
