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Judgment
This OA is registered in suo motu exercise of power on the basis of the news item titled “Tamil Nadu: Activists allege drinking water supplied from Madambakkam lake in Tambaram contaminated with sewage, civic body disagrees” published in ‘The Indian Express’ dated 03.11.2023.
As per the said newspaper report, the water from the Madambakkam lake is provided for drinking to around 20,000 residents of Chitlapakkam and the allegation is that sewage is mixing with the drinking water and there is no water treatment plant. The newspaper report also discloses that the officials just chlorinate the overhead tanks before sending it to the residents through the water pipeline. On account of supply of polluted water from the lake, the residents are demanding to stop pumping water from the Madambakkam lake temporarily and make alternative arrangements.
We are of the view that the news paper report raises substantial issue relating to compliance of the environmental norms.
Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.
Hence, at this stage, we deem it proper to implead following as respondents in this OA:
i. Tamil Nadu Pollution Control Board (TNPCB) through its Member Secretary.
ii. Tamil Nadu Water and Drainage Board (TWAD) through its Managing Director.
iii. Tambaram City Municipal Corporation through its Commissioner.
On advance notice, a report on behalf of Respondent No. 2, TWAD has been filed which is taken on record. Counsel for Respondent No. 1 is also present on advance notice and has sought four weeks’ time to file response.
Let the water samples of Madambakkam lake be collected and analysed for drinking water quality parameters and for faecal coliform MPN/100 ml by the laboratories of TNPCB and Regional Laboratory of CPCB, Bangaluru together and report be submitted before the concerned Bench of the Tribunal before the next date of hearing.
Let notice be issued to Respondent No. 3 for filing the response before the Southern Zone Bench of the Tribunal one week before the next date of hearing.
Since the matter relates to Southern Zone Bench, of the Tribunal, therefore, the OA is transferred to the Southern Zone Bench, Chennai for further appropriate action in accordance with law. Registry is directed to transfer the original record of this OA to the Southern Zone Bench, Chennai.
List before the Southern Zone Bench, Chennai on 18.01.2024.