BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI APPLICATION Nos. 173 and 175 of 2013 (SZ)
In the matter of: Shri A. Gothandaraman S/o. T. Anandam Chettiar 53, Deep Street Vadiveeswaram Nagercoil-1
...
AND 1. The Commissioner Nagercoil Municipality Nagercoil 2. The District Collector Collectorate Nagercoil 3.
The Managing Director TWAD Board, Kamarajar Salai Chennai
4.
The Executive Engineer TWAD Board, RWS Division No. 20, Cave Street Nagercoil
5.
The Executive Environmental Engineer Pollution Control Board Kesari Street Nagercoil
1
Applicant in both the Applications
6.
The Chairman Pollution Control Board Anna Salai Chennai
7.
The Member Secretary State Level Environment Impact Assessment Authority No. 1, Jeenis Road Saidapet Chennai-15
... Respondents in both the Applications
(The 7th respondent was impleaded suo motu by orders dated 07.10.2013 of the Tribunal)
Counsel appearing: Applicant:
Shri A. Yogeshwaran, Advocate in Application No. 173 of 2013 (SZ) and Shrimathi D. Nagasaila and Shri Moses, Advocates in Application No. 175 of 2013 (SZ)
Respondents :
M/s. Abdul Saleem and S. Saravanan, Advocates for respondent No. 1; M/s. M.K. Subramanian and M.R. Gokul Krishnan, Advocates for respondent Nos. 2 ; Shrimathi S. Thamizharasi, Advocate for respondent Nos. 3 and 4; Shrimathi H. Yasmeen Ali, Advocate for respondent Nos. 5 and 6 and Shrimathi P. Mahalakshmi, Advocate for respondent No. 7
JUDGMENT Present: 1. Hon’ble Shri Justice M. Chockalingam Judicial Member 2. Hon’ble Prof Dr. R. Nagendran Expert Member 2
Dated, 17th March, 2015
(Hon’ble Justice Shri M. Chockalingam) Application Nos. 173 and 175 of 2013 (SZ) 1. Aggrieved by the construction of a sewage pumping station at 420/51 in Vadiveeswaram, Nagercoil and a sewage pumping station at S.No. M7/9-2 in Nagercoil village these applications have been filed by one and the same applicant therein in his capacity as a resident of Nagercoil for directions to the respondent authorities (i) to refrain from constructing
a
sewage
pumping
station
(SPS)
at
420/51
in
Vadiveeswaram, Nagercoil, to remedy the damage already caused to the site by taking suitable action and to find an alternative site for setting up of the sewage pumping station in accordance with the governing laws in Application No. 173 of 2013 and (ii) to refrain from constructing the sewage treatment plant (STP) at S.No. M7/9-2 in Nagercoil Village, Agastheeswaram Taluk, Nagercoil. 2. As the grounds raised in both the applications are on same footing, the brief facts that led to the filing of the applications by the applicant herein in both the applications can be stated thus:
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3. The respondents have commenced the construction related to the activity at the present site without obtaining necessary Consent to Establish (CFE) from the 6th respondent, Tamil Nadu Pollution Control Board (TNPCB). As a resident of the area and a public spirited person fighting against the environmental degradation in Nagercoil and its surroundings, the applicant filed a civil suit in O.S.No. 269/2006 against the 1st and 2nd respondents before the District Court, Nagercoil against dumping of waste and garbage in public places and against health hazards faced by the common people which led to issue of instructions for the disposal of the garbage in an eco-friendly manner. The applicant has also participated in the demonstrations by the people to register protest against the authorities for establishing underground SPS in Paraikal Madam, Kalvettankuzhi Street, Nagercoil in S. No. 420/51 in Vadiveeswaram
Village,
AgastheeswaramTaluk,
Nagercoil.
The
permission for the proposed SPS was granted by the 1st respondent in his proceedings No. Roc. No.M3/2804/08 dated 15.10.2008 without alienating the land as the land belongs to a school. The Tahsildar, Agastheeswaram has not handed over the site to the 1st respondent. The land where the respondents have decided to set up the SPS belongs to Kottar Bazaar Government Primary School (school) at Paraikal Madam, Vadiveeswaran, Nagercoil constructed by the erstwhile Raja of Travancore in the year 1928 and the school building was 4
demolished illegally on 26.10.2012. The 1st respondent proposes to allot an extent of 52 cents of the school land for the SPS and the area has the population of about 20,000. Various representations made to the authorities stating the harms of establishing the SPS and registering protest in a democratic way evoked no response from them. There is no transparency on the part of the Tamil Nadu Water Supply and Drainage Board (TWAD) shown as 3rd and 4th respondents. 4. The SPS proposed to be located in very low lying area will be an added health hazard as there is a possibility of flooding of sewage during rainy seasons, as Nagercoil gets heavy rain during monsoon. The difference between the high level and low level area is more than 100 ft. When the Project Proponents dug the area on 07.05.2013, water gushed out for about 2 ft depth and the pressure and velocity of the sewage flow will be more. It is estimated that more the 10 MLD of sewage will be flowing into the sewage pumping pits and there will be incompatible pumping to compensate the inflow of sewage. 5. The decision of the authorities to set up STP is violative of Articles 14 and 21 of the Constitution of India and has been taken without taking into account the relevant factors and the pollution that will be caused due to setting up of the SPS/STP in the midst of thickly populated area. Based on information obtained through the Right to 5
Information Act (RTI) the power required for operating the SPS/STP will be above the permitted limits. 6. The construction of STP at the proposed site in an extent of 3 acres would result in great harm to environment and health of the residents of the area apart from changing the residential character of the area itself. The STP will store Chlorine gas and in the event of any accident the consequences will be disastrous. There is not enough area around the STP for creation of a buffer zone or green belt and the gases and bio aerosols released from the site will harm the children, pregnant women and aged citizens in the area besides causing sufferings to the inpatients in the hospitals. The STP falls short of siting criteria Nos. 3, 4 and 10 of the norms prescribed by the TNPCB and the STP is not located beyond 500 m from the nearest house nor declared as a nodevelopment area around the site. There are many hospitals, temples and churches located within 500 m of the site and no assessment of opinion of the residents has been done. The activities of TWAD Board are kept in secrecy against the criteria guidelines of the TNPCB. The STP would be handling huge quantity of raw sewage that would be in anaerobic form and would result in continuous generation of large quantities of obnoxious gases like H2S and Methane apart from other pollutants and bio-aerosol. This will result in polluting the entire area and
6
the foul smell will emanate since the residences are downward from STP. 7. The Executive Engineer, PWD, WRO Nagercoil was not given permission to let out the treated sewage into the Vadalivilai irrigation channel which has become obliterated in many stretches due to encroachment and siltation. The Vadalivilai canal infalls into Chettikulam and Poochathankulam and into the Ananthanar canal and the water from it is used for drinking and other domestic uses. The sewage which has high content of Phosphate and Nitrate are harmful for the water bodies and human use. The guideline issued by the TNPCB prohibits the discharge of sewage into the water bodies used by the people. 8. The 1st respondent, without obtaining the CFE from the 5th and 6th respondents, TNPCB has already commenced constructions which is contrary to law. 9. Per contra, the 1st respondent, namely, the Commissioner, Nagercoil Municipality would state in reply that proper steps have been taken by the 1st respondent for the construction of STP with proper advise from the TWAD Board for setting up the STP and there is no violation as averred by the applicant. Based on the orders passed in O.S.No. 269/2006 by the learned District Court, the 1st respondent has plan and scheme to set up the STP in an eco-friendly manner along with 7
TWAD Board. The 1st respondent Municipality has allotted 3 acres of land in Valampurivilai for the STP. Further steps for allotment of land as requested by the TWAD Board are also in process. The applicant and the general public have been wrongly advised that setting up of the STP is more harmful at the present site in question. The proposed STP will be established in a scientific manner with modern technology. The criteria Nos. 3, 4 and 10 are only general guidelines and when NOC was sought for, the TNPCB directed the 1st respondent Municipality to declare the land covering a radius of 100 m as “no development activities area”. This was declared in the proceedings dated 24.07.2013 of the 1st respondent and the further extent of 3 acres sought for developing the green belt is pending consideration. No other land is available in Nagercoil town and the proposed site is situated within the dumping yard now in existence and protected by a compound wall. The 1st respondent has addressed the TNPCB to give CFE for the STP and necessary action is being taken by the TNPCB for getting approval of the zonal meeting at Madurai. It is not correct to say that the construction activities were initiated as TWAD Board is waiting for the CFE from the TNPCB. 10. The 2nd respondent, namely, the District Collector, Nagercoil would state in reply to Application No. 173 of 2015 pertaining to the SPS
8
that the sewage collection system devised by the 3rd and 4th respondents TWAD Board is scientific and concerted effort and the project has been established with the approval of the Government of Tamil Nadu (Government). The 2nd respondent granted sanction for the proposed SPS to the 1st respondent on 15.10.1988 and the 1st respondent gave consent to the 4th respondent by a letter dated 11.03.2013 to execute the same in the proposed site. The 4th respondent took possession of the site on 21.05.2013 and the excavation of earth for suction wells is in progress. The applicant had asked for the detailed project report consisting of 2016 pages in 13 volumes, but did not pay the prescribed fee under RTI Act for supplying the same. The present scheme is designed to collect the sewage and sullage water generated from the residential and commercial areas. During rainy seasons, the flood waters find their way into the open drains. With proper bedding of the sewer line and encasement in specific stretches, the sewer line is protected from infiltration. However, as per Central Public Health Environmental Engineering Organization (CPHEEO) norms, provision for ground water infiltration has been taken into account while the system was designed. In the present scheme, the contour permits flow of the sewage by gravitation and no sub pumping station is required. Hence, the SPS was selected at low level area of Paraikkal Madatheru. During the excavation for the suction well in the pumping station, the seepage 9
from the nearby odai intruded. But, the construction of suction well will be water tight and no seepage will occur.
The sewer line will be
protected from infiltration water and the sewage will flow with self cleaning velocity of 0.6 m/sec for the present peak flow and 0.8 m/sec for ultimate peak flow. No blowers are used in the pumping station and only non-clog submersible pumps will be provided. At times of power failure, diesel generator as approved by the Central Pollution Control Board (CPCB) with acoustic enclosure will be provided. Hence, there will not be noise beyond the permissible limits in the pumping station. The underground sewage collection and treatment scheme is a public utility service and the same cannot be equated with industries. No doubt, the pumping station will be in the low lying area and the sewage is to be pumped into the STP. The pumping of sewage to the STP is just like in water supply scheme. Since no treatment of sewage is taking place at the pumping station, the consent from the TNPCB is not mandatory. The TNPCB has stipulated certain parameters for the treated sewage and the treated sewage will be permitted to flow the Thengampudur irrigation channel. 11. At present, the sewage is being let out into the open drains and the wastewater generated from the town is collected through the main drain alongside the roads. There is an urgent need for an underground
10
sewage system for the scientific disposal of wastewater generated so as to promote hygienic living of the residents of this fast growing town. Nagercoil is the only district headquarters in Tamil Nadu which does not have an underground sewerage scheme. In view of the status quo order passed by the Tribunal, funds could not be released by the local body and the work could not be completed before the target date. 12. The 2nd respondent, District Collector, Nagercoil would state in reply to Application No. 175 of 2013 pertaining to the STP that the STP has been planned as eco-friendly. The 1st respondent has allotted 3 acres of land in Valampuri Village for the STP. Further, the TWAD Board has requested for a further extent of 3 acres which is under consideration. The applicant and the general public were wrongly advised as if the setting up of the STP is more harmful at the present site while it has been proposed to be established in a scientific manner with modern technology. The criteria Nos. 3, 4 and 10 are only general guidelines. On the directions of the TNPCB, the 1st respondent, Municipality has declared land in a radius of 100 m as no development zone and the further extent of 3 acres required for development of a green belt is pending consideration. The proposed site is situated within the dumping yard which already exists and is secured with a compound wall. In the STP site, EASP method is adopted with well advanced
11
technology which will require lesser area and hence the allegations of the applicant are unsustainable. The TNPCB has given No Objection Certificate (NOC) for the construction of STP and issued CFE under Water (Prevention and Control of Pollution) Act, 1971 (Water Act) and Air (Prevention and Control of Pollution) Act, 1984 (Air Act) vide proceedings dated 21.08.2013. No work has been commenced in the STP site so far. 13. The 4th respondent, Executive Engineer, TWAD Board, Sewerage Division, Nagercoil would state in reply that the extent of the Nagercoil town is 49.10 sq.km and the town is divided into 52 municipal wards for administrative purpose. According to the census, 2011, the population of the Municipality is 2, 55,716. The projected population of the town based upon 2011 index during the base year 2015, intermediate year 2030 and the ultimate year 2030 would be 2,70,000, 3,20,000 an 3,90,000, respectively. The Municipality is divided into 9 zones based on the topography of the area. The underground sewerage system scheme is now being implemented to the Zone-II which is the core area of the Municipality covering 35 wards under Phase-I. The balance zones will be covered in Phase-II. 14. The per capita water supply of the Municipality is 135 lpcd. The sewage flow generated is assumed at the rate of 115 lpcd. As per 12
CPHEEO manual on ‘Sewerage and Sewage Treatment’, about 80% of the water gets converted into sewage and based on this, ward wise sewage flow including infiltration for intermediate and ultimate stage for Phase-I is calculated as 17.66 MLD and 20.86 MLD for the years 2030 and 2045, respectively. As there are no industrial establishments, no provision is made for industrial effluent. The sewage and sullage generated from the domestic and commercial buildings only be collected through the inspection chamber to be constructed in each individual building premise. In the inspection chambers themselves the solid wastes will be screened and allowed to flow directly to the collection system provided in the underground sewerage scheme. The sewage from the collection system will be gravitated in the pumping station. In the pumping station, as a first stage, the sewage will be allowed in the screen chamber and then into the grit chamber whereby the solid and semi solid wastes will be removed. Only the diluted sewage containing 99% of water will be pumped from the pumping station to the treatment plant for treatment by Activated Sludge Process and Extended Aeration Method. There are no harmful chemicals discharged from the household and commercial wastewater. However, the parameters of chemicals used in cosmetics, detergents etc., are very meager and in negligible quantity with respect of the quality of sewage and sullage water collected. Moreover, there is no discharge of hospital waste in the 13
underground sewerage scheme and some private companies are collecting the same and disposing of them safely. The underground sewerage scheme is 100% domestic sewage and thus there would no necessity to obtain EC from the SEIAA. 15. The 5th and 6th respondents, TNPCB have filed reply stating that after identifying different locations for setting up the STP which were found unsuitable, the location at the present was inspected by the TNPCB and NOC was issued in Letter No.T16/TNPCB/40185/NGL/2008 dated 26.12.2008 with the following conditions: 1. The Municipality shall declare the land within a radius of 100 m as no development activities zone in consultation with the Director of Town and Country Planning (DTCP). 2. The Municipality shall furnish full fledged STP with activated sludge process proposals with design and drawing while applying for CFE under the Water Act, 1974. 3. The Municipality shall obtain CFE for discharge of sewage effluent under Section 25 of the Water Act, 1974 and for the installation of underground sewerage system along with the STP before establishment.
14
4. The Municipality shall commence the construction activities at the site only after obtaining CFE from the TNPCB under the Water Act, 1974. 5. The Municipality shall operate and maintain the STP to satisfy the standards prescribed by TNPCB before discharging into Vattavilai channel. 16. The 1st respondent, Municipality vide the letter dated 11.03.2013 furnished an application for CFE of the TNPCB under the Water Act, 1974 and Air Act, 1981 for the establishment of STP at T.S.No. M7/9-2, Vadiveeswaram Village of Nagercoil Town. At present the site is being used as Municipal Solid Waste Dumping Site. The applications submitted by the 1st respondent Municipality on 27.04.2013 seeking CFE from the TNPCB were returned for placing them before the Zonal Level Consent Clearance Committee as per the TNPCB’s Proceedings No. 38 dated 01.06.2013. The subject has to be placed before the Zonal Level Clearance Committee. 17. Objections have been raised against the establishment of STP at the above site. The applicant has also filed applications before this Bench of the National Green Tribunal (NGT) and vide orders dated 22.08.2013, the Tribunal has passed an order of status quo which will
15
not be a hindrance to decide the applications filed by the application before the TNPCB on merits and in accordance with the law. 18. The District Environmental Engineer, TNPCB, Nagercoil recommended the applications made by the 1st respondent Municipality to the Zonal Level Consent Clearance Committee, Tirunelveli with the following additional conditions apart from the conditions imposed in the Letter dated 26.12.2008 by which NOC was issued by the TNPCB for setting up the STP: The unit shall provide electro-magnetic flow meter with computer recording arrangements. The unit shall provide DG sets of adequate capacity for the operation of STP during power failure. The unit shall obtain CFE under Water Act, 1974 and Air Act, 1981 before commissioning the STP. The height of the compound wall around the STP shall be raised to 5 m from the ground level to avoid the nuisance of odor if any to the nearby communities. The Municipality shall consider disinfection by using bleaching powder or hypo solution so that the usage of Chlorine is avoided. In the meantime, the Municipality shall provide
16
Chlorine sensors with alarm system in the Chlorine handling area to detect the Chlorine level in the ambient air. The Consent Order shall be subject to the final outcome of the Application No. 175 of 2013 filed before the NGT, Southern Zone. 19. The subject of issue of CFE for the establishment was placed before the Zonal Level Consent Clearance Committee in the meeting held on 20.08.2013 and the Committee resolved to grant CFE subject to the conditions mentioned in the agenda with the following additional conditions and CFE for the STP under Water Act, 1974 and Air Act, 1981
was
issued
in
the
TNPCB’s
proceedings
No.
F.NGL.1397/RL/W&A/13 dated 21.08.2013. The Municipality shall provide necessary storm water drain in and around the STP site and ensure that there shall not be any water logging. The Municipality shall adopt safe and environment-friendly management practice within the premise. 20. On the above pleadings, the following questions were formulated for consideration:
17
Application No. 173 of 2013 (SZ): 1. Whether the applicant is entitled for a direction to the respondent to refrain from constructing a SPS at 420/51 in Vadiveeswaram, Nagercoil. 2. Whether the applicant is entitled for a direction to the respondents to remedy the damage already caused to the site by taking suitable remedial measures. 3. Whether the applicant is entitled for a direction to the respondents to find an alternative site for the setting up of the SPS in accordance with the governing laws. 21. Application No. 175 of 2013 (SZ): 1. Whether the applicant is entitled for a direction to the respondent to refrain from constructing a
STP at M7/9-2 in Nagercoil,
Agastheeswaran Taluk, Nagercoil. 2. Whether the applicant is entitled for a direction to the respondents to remedy the damage already caused to the site by taking suitable remedial measures. 3. Whether the applicant is entitled for a direction to the respondents to find an alternative site for the setting up of the STP by following siting criteria issued by the TNPCB.
18
22. The learned counsel for applicant and also for all the respondent put forth their respective submissions relying on the materials placed by them. 23. The Tribunal paid its anxious considerations on the submissions made and looked into all the documentary evidences placed by both the parties. 24.
As seen above the Application No. 173 of 2013 has been
brought forth to refrain the respondents from constructing a SPS at 420/51 in Vadiveeswaram, Nagercoil, while the later is filed seeking to refrain the respondents from constructing a STP at M7/9-2 in Nagercoil, Agastheeswaran Taluk, Nagercoil. 25. The applicant has also sought for the reliefs to remedy the damage already caused in which both the SPS and STP are proposed to be established and also for a direction to the authorities to find out alternative sites for setting up the SPS and STS in accordance with law. 26. On scrutiny of the documents, a narration of the following noticed by the Tribunal from the documents made available has to be necessarily stated before taking a decision on the questions raised above:
19
27. Nagercoil, where the project for the establishment of STP and STS are proposed is a Special Grade Municipality and also the headquarters
of
Kanyakumari
district
having
a
population
of
approximately 2,50,000 as per census carried out in the year 2011. The said town in an extent of about 50 sq.km. is divided into 62 municipal wards. The total length of the streets in the town is shown as approximately 300 km. The topography of the town indicates that there are ups and downs, while the western part of the town is on a higher level; the eastern portion is on low level. Having no sewage scheme till now, there are open drains even in the main area of the town. Thus, the wastewater generated throughout the town is collected through the main drain alongside the roads. The wastewater including the overflow from the septic tanks in the houses, sullage water from kitchens, bathrooms etc. are all discharged into the open drains which have got a length of approximately 130 km. Needless to say, all the wastewater discharged and drained remain without any treatment. The existing open drain system cannot be said to be functioning satisfactorily. The stagnation of water remains the root cause for developing many water-borne diseases. Hence, there cannot be any second opinion that the Nagercoil town is under an urgent need for an underground sewerage scheme for the scientific disposal of the wastewater generated in order to promote the hygienic living of the residents who are entitled to have the same. 20
Taking note of the situation, the TWAD Board, the 3rd and 4th respondents herein were directed to take up the investigation work for the preparation of a detailed project report for providing underground sewage scheme for the Nagercoil municipality. Accordingly, a project report was prepared on different aspects and was submitted before the Government of Tamil Nadu. In pursuance of the said project report, the proposal for Phase-I got administrative approval by the State government in G.O.Ms.No.37/ MA & WS (MA 3) Dept. / dt. 30.03.2012 for Rs.76.04 crore as could be seen from the Document No.10 filed by the third and fourth respondents. 28. Admittedly, the pumping station is proposed to be established at S.No.Q 20/51 of Paraikkal Madatheru in Vadiveeswaram village of Agasteeswaram Taluk at Nagercoil. The main objection raised by the applicant is that both the sites selected for setting up of STP and also SPS are not suitable since they are in a thickly populated area and if established as per the proposal, it would lead to serious health hazards. It is also contended that the proposed SPS if allowed, there would be possibility of flooding of sewage during rainy season and there is possibility of increase in the sewage pumping since it is located in a very low lying area. It is also the pleaded case of the applicant that for the establishment of STP the land allotted was only 3 acres which is
21
insufficient for making the mandatory safeguards and if allowed it would cause greater harm to environment and the health of the residents of the area. Apart from that, the same would change the character of the area where more than 2000 people reside. 29. The contesting respondents would submit that the sites were selected for the establishment of both the STP and SPS after making necessary inspection and exercising due care, particularly in respect of the environmental issues. After careful scrutiny of all the available materials, the Tribunal is of the view that the case of the applicant in respect of the site selection cannot be accepted for more reasons than one. 30. When the first respondent, Municipality took up the plan to establish the STP for treating the sewage generated, they made a request to TNPCB by a letter dated 18.06.2004 pursuant to which the inspection of the proposed site was made and it was found that the same was located in Coastal Regulation Zone (CRZ) -III area as per the Coastal Zone Management Plant (CZMP). Apart from that, the area was also affected by tsunami in the month of 12/2004 and hence the proposal was dropped. Following a selection of site at Marungoor Village, Agastheeswaram Taluk, a resolution was passed by the Council of the 1st respondent Municipality seeking alienation of land. However, 22
the proposal was dropped. Again, another site was selected at Chenbagaramanputhoor Village, Thovalai Taluk and NOC was sought for from TNPCB by a letter dated 21.08.2006. On an inspection, the Assistant Executive Engineer of TNPCB recommended for the grant of NOC. The same site was again inspected by the Joint Chief Environmental Engineer of the 6th respondent, TNPCB and the first respondent was directed to furnish a detailed design and drawings of the proposed STP. Pending the same, the first respondent after choosing two sites, requested the grant of NOC by two communications addressed to the TNPCB on 18.04.2007 and 12.11.2007. After making the inspection of those sites situated at Vadasery Village and Nagercoil Village, the DEE, TNPCB submitted proposals before the TNPCB. The first respondent also placed all the details of the proposed STP. A detailed inspection report of the same at
Nagercoil Village,
Agastheeswaram Taluk for the establishment of the STP was placed on 07.05.2008 before the TNPCB. When the matter was placed before the Consent Clearance Committee, after consideration of the relevant issues granted NOC to the first respondent as recommended on 26.12.2008 subject to the following conditions: 1. The Municipality shall submit appropriate land use certificate from DTCP.
23
2. The Municipality shall declare the land within a radius of 100 meters as “no development activities area” in consultation with DTCP. 3. The Municipality shall develop green belt of 25 meters width all around the proposed STP. 4. The Municipality shall furnish full fledged proposal for the sewage treatment plant with activated sludge process along with design and drawing while applying for consent for establishment under the Water Act, 1974 as amended. 5. The Municipality shall obtain consent for establishment for the discharge of sewage under section 25 of the Water Act, 1974 and for the installation of underground sewerage system along with the STP before the establishment. 6. The Municipality shall commence the construction activity at the site only after obtaining consent for establishment from the Board under the Water Act, 1974 as amended. 7. The Municipality shall operate and maintain the sewage treatment plant to satisfy the standards prescribed by the Board before discharging the treated sewage into the Vattavilai Channel.
24
31. After obtaining the NOC as stated above, the first respondent applied for the CFE of STP at the site in question at T.S.No. M7/9-2, Vadiveeswaram Village of Nagercoil Town under Water Act, 1974 and Air Act, 1981 to the 6th respondent. The said application was processed and placed before the ZLCCC on 22.4.2013 which was returned by the Board to submit the same as per B.P. No. 34 dated 05.10.2012. On submission of the application along with the inspection report as per the direction of TNPCB it was placed before the ZLCCC. Pending consideration, objections were raised for the establishment of both the STP and STS in their respective places. While the matter stood thus, the instant applications were filed before the Tribunal against the establishment of STP and SPS. While ordering the status quo, it was made clear by an interim order dated 22.08.2013 that there was no impediment for the TNPCB in deciding the applications filed by the applicant on merits and in accordance with the law. Pursuant to the interim order of the Tribunal, the 5th respondent, DEE concerned, made his recommendations putting forth additional conditions to be made and after passing a resolution, the consent was given by the TNPCB for the establishment of STP under Water Act, 1974 and Air Act, 1981 on 22.08.2013.
25
32. It is pertinent to point out at this stage that the CFE for STP dated 21.08.2013 has not been challenged by the applicant. It also remains to be stated that a separate application for CFE for the establishment of SPS from TNPCB is not necessary. Thus, from the above it could be seen that after planning to establish the STP and SPS, so many sites were chosen, inspected and found either unfit or not satisfactory and at last the present sites have been selected. In so far as the site selected for SPS is concerned, the site on which it is proposed to be constructed is a school land which remains unused and permission to enter upon the land was granted by the District Collector, Nagercoil and hence alienation of the site by the railway department, no doubt, would follow. 33. In so far as the contention that the SPS is in a low lying area, it is well replied by the respondents’ side that in view of the topography of the land it is best suited for the establishment of SPS. It is not in controversy as per the present set-up the rainwater runs in open drains and falls into Pazhayar River and Anandanar Channel along with the domestic sewage. If the project is implemented, the sewage will be conducted through a pipeline and pumped into the STP. Thus there is no possibility for the rainwater causing problems. It is submitted by the 3rd and 4th respondents that the type of pipe selected for pumping is made
26
of cast iron having a diameter of 750 mm and the pipe will be tested in the factory by a third-party inspection agency nominated by the Government of India. Even after laying the pipeline in the field, the hydraulic pressure would be tested as per the specifications and hence the question of leakage would not arise at all. If the sewage is pumped immediately, there cannot be any stagnation in the pumping station and there cannot be any occasion for flooding as apprehended by the applicant since the detention time in the suction well is 5-10 minutes only. No doubt, if there is any leakage in the pipe, serious health hazards would ensue as raw sewage will cause intolerable odor. In the event of leakage the Chlorine gas stored and used in the STP for processing would affect the people living around especially, women, children, patients and aged people inhabiting the surrounding areas. But, according to the proposal of the project, the sewage collected would be transmitted through water-tight and air-tight sewer line to the pumping station wherein the sewage will be collected in a screen well and grit well where the suspended solids and fine particles will be removed. After screening, the sewage will be collected in a suction well and pumped by non-clog submersible pump sets through the pumping line to the treatment plant. In the pumping station, the sewage will be pumped immediately and no stagnation in the pumping station will be allowed. The perusal of the condition imposed in the CFE would indicate that the 27
authorities have taken into account all the above and imposed necessary conditions there for. 34. According, to the first respondent, Municipality, the present site alone has 14 acres of land and no other site is available to that extent and hence, the contention put forth by the applicant in respect of insufficiency of land as one of the grounds for site selection cannot be accepted. Now it is pertinent to point out that the said site is already secured with a compound wall and necessary safe guards have been provided and the project site is situate within a dumping yard. In the STP site, a Chlorination room is to be set up separately to store the Chlorine cylinder with safety arrangements. The chlorination of the effluent water will be done as per the prescribed standard norms of the TNPCB. Since the STP is a public utility service, it can neither be equated with an industry nor can be looked from that angle. 35. It is submitted by the learned counsel for the applicant that there is no space for proper buffer zone between the STP and the residential area to neutralize the effect of gas leak and the STP site is not 500 meter away from the nearest house and not declared as NoDevelopment Zone around that area and from that point of view also the site selection was done without taking care of environmental issues. In reply, the learned counsel for the respondent stated that the working of 28
the STP as described above. Apart from that, as seen from the letter dated 07.10.2014 filed by the 3rd and 4th respondents the competent authority has issued the land use certificate. Equally, the NOC was granted by the 6th respondent, TNPCB to the 1st respondent to construct the STP. By a letter dated 13.11.2008, the Commissioner for Municipal Administration has categorically mentioned that up to a distance of 100 meter around the STP site shall be declared as No-Development Zone so that green-belt can be developed in that area. 36. Yet, another criticism leveled by the applicant on the proposed establishment of STP is that the Executive Engineer, Public Works Department (EE, PWD) had not given permission to let out the treated sewage into Vattavilai irrigation channel which leads to Chettikulam and Poochathankulam from where it infalls into Ananthanar canal whose water is used for drinking and household purposes and the release of effluent into the said canal would render the drinking water useless. It is fairly conceded by the 3rd and 4th respondents that after receiving a letter from the EE, PWD to the above effect, an alternative plan was devised and approval was also given by the same EE, PWD. According to the newly approved plan, the treated sewage as per the standards would be released into Thengapudur which could be used for irrigation for the lands belonging to the Thengapudur ayacutdars.
29
37. It was also submitted by the learned counsel for the applicant that the STP would consume huge amount of electricity but nothing is made known as to how much of electricity would be needed. It is replied by the learned counsel for the 3rd and 4th respondents that the required power alone will be used and not in excess. The rule relied on by the learned counsel for the applicant cannot be taken into consideration since it is applicable only to industries. Needless to say, the establishment of the present project cannot be equated with the establishment of an industry. It is complained by the applicant’s side that there was no transparency on the part of the TWAD Board because a copy of the project report was not provided. Countering the same, it is submitted by the learned counsel for the TWAD Board that the project report has 13 volumes and running about 2000 pages with color plan folio and though the applicant was asked to remit the sum of Rs.12, 000/- the applicant had neither remitted the amount nor referred to the project report available in the office when he was asked to refer the same during office hours. Hence, the above contention of the applicant is worth to be rejected. 38. The only question that remains to be considered is whether the proposed STP Project requires EC from the competent authorities as contended by the applicant. As per the pleaded case, the learned
30
counsel for the applicant submitted that in the instant case obtaining an EC for the STP project in question is mandatory and if not done so, the establishment of the project should not be allowed. Contrarily, it is submitted by the learned counsel for the respondents that from the time of making a proposal for having STP for Nagercoil by the first respondent all procedural formalities had been complied with and the 6th respondent, TNPCB, has not only granted the NOC but has also granted the CFE for the STP in question and it is not a case where the EC is neither mandatory nor required. After hearing the submissions made by both sides, the Tribunal of the considered view that the judgment made by the Principal Bench, NGT in Application No. 124 of 2013 in the matter of Kehar Singh, Haryana vs. State of Haryana would squarely apply to the present factual position and it has been held in Para.47 as follows: “47. The above deliberations now bring us to another important fact of the present case as to the necessity for such a plant to obtain EC under the notification of 2006. The very purpose of setting up an STP is to attain betterment in the field of environment. Under this project, it is expected to bring the entire sewage for treatment to the plant and then to ensure that the end
31
products from such treatment are in conformity with the prescribed parameters and the water in relation to the sludge and the water content both. The water should be capable of being recycled for irrigation and other allied purposes. This object would stand frustrated if the sewage is containing other contaminated effluents i.e. trade effluents, industrial effluents and other domestic discharge containing high pollutants. Then the end result would be that even if the sewage is treated, still the ultimate product being discharged from the plant would remain contaminated, acidic or unusable for different purposes. On account of the experience
gained
and
on
account
of
improvements in the field of science, it is now possible to anticipate as to what ought to be a broad activity of the project. The authorities should be able to take scientific view at the initial stages of installation of an STP. The expert bodies like SEIAA and EAC would, at the stage of scoping and appraisal contemplated in terms of the Notification of 2006, be able to take an 32
objective
and
establishment
rational and
view
in
operation
of
regard the
to STP
simplicitor or requirement of any additional antipollution measures to be taken by the project proponent in the interest of environment and public health. It is the stage whether they should proceed with the project or the project needs other supplementary treatment plants to ensure adherence to prescribed standards. They can have a comparative study of the harmful effects of the project, considering it on the touchstone of sustainable development and human environment and welfare. Sewage itself is a very serious pollutant. It can result in tremendous health hazards and cause injury to the environment including intolerable odour. It carries pathogenic organisms that can transmit diseases to humans and
animals,
hold
nutrients
that
cause
eutrophication of receiving water bodies and can lead to eco toxicity.
The purpose
of
the
environmental legislations referred to in the NGT Act is to prevent environmental degradation on 33
the one hand and its improvement on the other. To perform these functions collectively and effectively, it would be necessary for such projects to get EC at the very threshold. It would help to further the cause of the legislations as well as the larger public purpose. On the contrary, it may prove to be a futile exercise if the plant is established and still it is unable to treat the mixed waste of different components which comes from the drain to the site of the plant. At the present stage, it may be a remedial measure but later on it may prove to be a disaster and a complete waste of public money”. 39. From the reading of the above decision, it would be quite clear that obtaining EC under EIA Notification, 2006 is necessary in the instant case. No doubt, the project in question would bring through conveyance of sewage in the closed pipe network the entire sewage for treatment to the plant along with trade, industrial and other discharges containing high level of pollutants generated from the non domestic establishments. If so, the end product namely, the treated wastewater discharged from the plant may remain contaminated, acidic or unusable for any purpose.
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In the instant case, admittedly the sewage effluent could be used for agricultural purposes as is evident from the documents filed by the respondents. 40. Under such circumstances, a comprehensive study of the effect of the project whether it is good or harmful from the view point of Sustainable Development becomes necessary since the sewage itself is considered to be a serious pollutant. In can result in serious health hazards and cause environmental degradation. Mixing of trade effluent and other wastewaters from non-domestic sources would compound the problem. The very object of enactments on environment referred to in Schedule I to the NGT Act, 2010 is more to prevent the environmental degradation. When the prevention of environmental degradation and improvement to its quality have to be achieved effectively and efficiently it would be necessary to get EC for the projects at the beginning stage itself and not to wait for their deleterious effects to manifest. From the larger interest of the public, it is necessary that the plant is established following the CFE given to the 6th respondent, TNPCB. In the instant case if the STP is unable to treat the mixed effluent from a variety of sources, it would prove to be a futile exercise by efflux of time. Later it should not prove to be inadequate, injurious and deleterious; more so in
35
the instant case where such a treatment system is being established for the first time in the district. 41. The Tribunal is of the view that no reason is noticed by the Tribunal to interfere with the selection process of the sites for the establishment of both the SPS and STP and hence, no relief can be granted to the applicant in that regard. Further no direction is issued to the respondents either for restoration of site or to find alternate sites for both the SPS and STP. 42. In view of the discussions made above, the Tribunal directs the 1st respondent, Municipality to make an application for the grant of EC for the project in question from the 7th respondent, SEIAA. Ordinarily, the CFE has to be applied for and obtained and only after obtaining the EC from the competent authority which in the instant case is SEIAA. Though the CFE has already been obtained by the 1st respondent, Municipality, there is no impediment for making necessary application for an EC from the 7th respondent, SEIAA at the earliest but not later than one month from today. The 7th respondent, SEIAA is directed to consider and complete the exercise for the grant of EC and pass necessary orders in accordance with the law within a period of 2 months therefrom. 43. During the pendency of the proceedings before the Tribunal, the 3rd and 4th respondents who are entrusted with the establishment of the 36
project of SPS, STP and conveyance network have carried out in part the laying of conveyance pipeline network and manholes wherever required along with protective measures such as providing bunding. In view of the appraisal of the facts and circumstances, the 3rd and 4th respondents are permitted to complete the civil works related to the pipeline networks, manholes and related appurtenances. It is also made clear that the 3rd and 4th respondents shall not commence any civil works pertaining to the SPS and STS till such time the EC is obtained from the 7th respondent, SEIAA. 44. The 1st respondent is directed to place the EC if and when obtained before the 6th respondent, TNPCB who in turn shall review the CFE already granted in favour of the 3rd and 4th respondents and if necessary, add additional conditions as required from the point of view of environment protection. 45. Considering the enormous environmental and health benefits that would be bestowed on the region in question on completion of construction and effective functioning of the STP, minor physical damage that might occur is insignificant and deserves to be ignored. 46. For the reasons stated above, no necessity will arise for refraining the respondents either from construction and no direction can
37
be issued to the respondents either for restoration of any damage or to direct the respondents to find an alternate site either for SPS or STP. 47. With the above observations and directions, the applications are disposed of. 48. Miscellaneous Applications, if any, pending are closed. No cost.
(Justice M. Chockalingam) Judicial Member
(Prof. Dr. R. Nagendran) Judicial Member Chennai, Dated, 17th March, 2015
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