BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Thursday, the 13^th day of February, 2025.

Original Application No.25 of 2022 (SZ)

&

I.A. No. 87 of 2022(SZ)

(Through Video Conference)

IN THE MATTER OF

1. M. Sundaramurthy S/o Mathurai Naicker, 68-A, Palavakkam V.G. Layout, Palavakkam, Chennai- 600 041.

2. Saraswathi Gopalen, W/o S.V. Gopalen, No. 1197, Sixth Avenue, Anna Nagar West, Chennai- 600 040.

3. Priya Gopalen, W/o Ram C. Sekar, No. 1197, Sixth Avenue, Anna Nagar West, Chennai- 600 040.

...Applicant(s)

Versus

1. The Principal Secretary, Department of Environment, Climate Change and Forest, Government of Tamil Nadu, Namakkal Kavignar Maligai, Fort St. George, Chennai- 600 009.

2. The District Collector, Collector Office, GST Road, Chengalpattu District- 603 001.

3. The Commissioner, Maraimalai Nagar Municipality, Chengalpattu- 603 209. 4. The Chairman, Tamil Nadu Pollution Control Board, No. 76, Mount Salai, Guindy Chennai- 600 032.

5. District Environmental Engineer, Tamil Nadu Pollution Control Board, Maraimalai Adigalar Street, Next to Municipal Office, Maraimalai Nagar, Kancheepuram District, Chennai- 603 209.

6. The Principal Chief Conservator of Forest, Panagal Maligai, No. 1, Jeenis Road, Saidapet, Chennai- 600 015.

7. The District Forest Officer, Chengalpattu Division, No. 5/9, Varadaraja Farms, Vandavasi Road, Kancheepuram- 603 501.s

8. Arihant Foundations and Housing Limited, Rep by its Managing Director, New No. 3, Old No. 25, Ganapathy Colony, 3rd Lane, Off Cenotaph Road, Teynampet, Chennai- 600 018.

9. Ashiana Housing Limited, Rep by its Managing Director, Door No. 10, G.J. Complex, First Floor, First Main Road, C.I.T. Nagar, Chennai- 600 035.

10. State Level Environment Impact Assessment Authority, 3rd Floor, Panagal Maaligai, No.1, Jeenis Road, Saidapet, Chennai- 600 015.

...Respondent(s)

For Applicant(s): M/s S. Prem Auxilian Raj, D. Saravanan and A. Tamilvanan.

For Respondent(s): Dr. D. Shanmuganathan for R1, R2, R6 and R7.

M/s. P. Srinivas, N.K. Ponraj & R.

Purushothaman for R3.

Mr. S. Sai Sathya Jith for R4 and R5. Mr. T. Gowthaman, Sr. Adv. a/w Mr.

Muthucharan Sundresh, Arjun Suresh and K.D.

Saisyaam for R8 and R9.

Mr. G.M. Syed Nurullah Sheriff for R10.

Judgment Reserved On: 8^th January, 2025.

CORAM HON’BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER

JUDGMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The applicants, who are owners of the property which is adjacent to the 8th and 9th respondent, alleging environmental and property damage caused by the untreated sewage discharge from the STP of the residential project developed by respondent 8 and

9- M/s. Escapade Real Estate Pvt. Ltd.

2. The main allegation in the application is about the untreated sewage over flowing into their plots and also into the Sengundram Reserve Forest Area resulting in environmental degradation, health risks and property devaluation.

3. According to the applicants the sewage generated is more than

100 KLD and the way STP is installed and functioning indicate that it does not satisfy the standards prescribed by the Tamil Nadu Pollution Control Board. It is also stated that the storm and rain water also enters into the STP which hampers the efficient operation of the treatment plant.

4. Therefore, it is alleged that the STP servicing the project was undersized and incapable of handling the increased sewage load from the project’s expansion. During site visits in early 2022, the applicants discovered that untreated sewage from the STP was being discharged directly into their plots and the adjacent Sengundram Reserve Forest were breaking through portions of the compound wall. The said of discharge sewage caused soil and groundwater contamination, with potential threats to local flora and fauna.

5. The applicants also highlighted that the untreated sewage entering into the Sengundram Reserve Forest which is a protected ecological zone, by contaminating the soil, seeping into gro