Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 5242

NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Pushpa Sathyanarayana, Judicial Member, Satyagopal Korlapati, Expert Member
East Kamaraj Nagar (North) Residents Welfare Association – Appellant
Versus
Commissioner Greater Chennai Corporation – Respondent
Original Application No.84 of 2022 (SZ)|I.A. No.125 of 2024 (SZ)

Advocates:
For Applicant(s): KNS Law Chambers, Kaushik N Sharma, J. Jeya Sabare Eswaran, Prakash Venkataramani, Ramalingam V.A., R. Srinithi, Muhammed Tareq
For Respondent(s): Dr. S.B. Nirmalatha represented Mr. N.R. Ramesh Kanna for R1 & R3, Mr. Gautam S Raman for R2 & R4, Mr. S. Sai Sathya Jith for R5, S. Vijaya Ganesh & N. Priyadarshini for R6

Authorities must coordinate to rectify sewage-stormwater mixing via repairs, pumps, monitoring, and penal actions against illegal discharges.

Headnote:The applicant highlighted dilapidated sewage mains chambers causing raw sewage to mix with stormwater drains, contaminating wells and flooding residences due to level differences and negligence. Prior proceedings in High Court and Tribunal led to reports from authorities confirming repairs, joint inspections, and construction of pump rooms. The Tribunal found authorities addressed core issues through rectification and new infrastructure. Key issues included backflow from higher-level drains on LB Road, illegal sewage discharge by commercial establishments, and cable obstructions impeding flow. Ratio focused on coordinated agency action, gradient studies, cable rerouting, and punitive measures against violators, emphasizing maintenance duties and topographic challenges. Original Application disposed of with directions for monitoring, higher capacity pumps if needed, sewage prevention, rainwater harvesting mandates, and actions against illegal discharges.

Table of Content
1. dilapidated chambers cause sewage-stormwater mixing and flooding. (Para 1 , 2 , 3 , 4)
2. prior high court and tribunal orders directed resolutions. (Para 5 , 6 , 7 , 18)
3. reports confirm repairs but illegal discharges persist. (Para 8 , 9 , 10 , 33 , 34)
4. joint inspections identify backflow, cables, and violations. (Para 11 , 12 , 13 , 14 , 27 , 28)
5. gcc implements pump room and gradient solutions. (Para 15 , 16 , 19 , 20 , 22 , 23 , 24 , 25 , 26 , 32 , 35)
6. ongoing concerns over pump adequacy during rains. (Para 29 , 30 , 36 , 37 , 38 , 39)
7. grievances addressed with monitoring and compliance directions. (Para 40 , 42 , 43 , 44)

JUDGEMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The grievance of the applicant is that the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB Mains Chamber Structure in 1^st to 4^th East Street and Sivasunder Avenue 1^st and 2^nd Street in Kamaraj Nagar, Thiruvanmiyur, are in dilapidated conditions, resulting in mixture of raw sewage from the Sewage Mains to the stormwater drain in East Kamaraj Nagar.

2. The official departments, which are responsible for the maintenance of the Sewage Mains and stormwater drains, have miserably failed in restoring the structures and have not taken any action to prevent the mixing of raw sewage to flow from the main stormwater drain, which in turn, flooded the houses of several residents, causing severe environmental damage. Due to the negligence of the officials, the sewage mixed with stormwater has also contaminated the wells in that locality, posing serious health hazards.

3. The applicant has also contended that one of the main reason for backlashing of the raw sewage from the main Lattice Bridge (LB) Road to the stormwater drains in East Kamar Nagar (North) is due to the difference in the level of stormwater drain, which is lower than the stormwater drain level in the LB Road and further claimed that had the authorities taken proper action to reduce the depth of the stormwater drains in East Kamaraj Nagar (North) that of LB Road, it will ensure proper sloping of water drains up to Buckingham Canal.

4. Hence, the applicant, a residents’ welfare association representing the residents of East Kamaraj Nagar, has filed this Original Application for the following prayers:

“a) To direct the respondents to take immediate action to prevent mixture of raw sewage from the Sewerage Mains to the Stormwater drain in East Kamaraj Nagar (North) area.

b) To direct the Respondents No.2 and 4 to immediately reconstruct the CMWSSB Mains Chamber in 1^st to 4^th East Kamaraj Nagar and Siva Sunder Avenue 1^st and 2^nd Street in Kamaraj Nagar.

c) To direct the Respondents No.1 and 3 to reconstruct the Stormwater Drain in 2^nd and 3^rd Street in East Kamaraj Nagar.”

5. It was also brought to the notice of this Tribunal that the applicant had preferred a writ petition before the Hon’ble High Court of Madras in W.P. No.4291 of 2022 seeking a direction to the respondents therein to re-construct the stormwater drains to prevent mixing of sewage lines. The Hon’ble High Court of Madras has disposed of the aforesaid writ petition with a specific direction to approach the National Green Tribunal, vide its Order dated 13.06.2022, observing that various departments will be present before the Tribunal to explain the exact situation to address the dispute question of fact.

6. It was also brought to the notice of the Tribunal that, based on the application filed by the applicant in Original Application No.219 of 2015 (SZ), the Tribunal has issued specific directions, which are as follows:

“Thus, the Respondents No.1 to 5 are directed to follow the steps that have been reported as necessary as stated in the report and in so far as the action plan what is reported, has got to be implemented within a period of three weeks from the date of issuance of the necessary permission both by the Commissioner of Police, Chennai and also the TNEB for completion of the const

Click Here to Read the rest of this document