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Transcript of before the national green tribunal - WWF India
1
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 ... Applicant in both the
Applications
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
2
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
3
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:
4
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
5
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
6
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 no-
development 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
7
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
8
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
9
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
10
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
11
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
12
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
13
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
14
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.
15
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
16
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
17
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:
18
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.
19
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:
20
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.
21
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
22
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,
23
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.
24
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.
25
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.
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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
27
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
28
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 No-
Development 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
29
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.
30
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
31
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
32
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
33
objective and rational view in regard to
establishment and operation of the STP
simplicitor or requirement of any additional anti-
pollution 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
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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.
35
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
36
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
37
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
38
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