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Judgment
This Original Application is registered suo-moto on the basis of the news item titled “Residents complain about encroachments and waste pollution at rear bund of Red Hills lake” appearing in The Hindu dated 13.12.2023. As per the said news item, Red Hills Lake is one of the major source of drinking water to Chennai but the sewage is flowing freely into the water body at five locations falling under both the Greater Chennai Corporation and the Avadi Municipal Corporation limits and minor inlet channels have been encroached upon.
The news item further states that the water body continues to face the challenges of sewage pollution and dumping of garbage along its boundary. It discloses that the sewage continues to flow freely on the rear side of the lake in five locations near Vankateshwara Nagar, Pudur Bhanu Nagar and Kallikuppam in Zone 7 and Thirumullaivoyal and Venkatachalam Nagar in Avadi limits.
The news report raises substantial issue relating to compliance of the environmental norms and implementation of provisions contained in the Scheduled enactments.
The power of the Tribunal to take suo-moto cognizance of a matter is already upheld by the Hon’ble Supreme Court in the matter Municipal Corporation of Greater Mumbai v. Ankita Sinha and Others 2021 SCC Online SC 897.
Hence, we deem it proper to implead the following as respondents in the matter:-
i. Member Secretary, Tamil Nadu Pollution Control Board
ii. Commissioner, Greater Chennai Corporation
iii. Collector/District Magistrate, Chennai
Dr. S.B. Nirmalatha, Advocate accepts notice on behalf of Respondent No. 2 and Mr. Veshal Tyagi, Advocate accepts notice on behalf of Respondent No. 3. Let Notice be issued to Respondent No. 1. The respondents are directed to file their response at least one week before the next date of hearing before the concerned bench.
Since, the matter relates to the Southern Zone Bench, therefore, it is transferred to the said Bench for further appropriate action. Let the original record of the OA be transferred to the Southern Zone Bench.
List before the Southern Zone Bench, Chennai on 04.03.2024.