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Judgment
1.This is an application filed under Section 14 of the National Green Tribunal Act 2010 with the prayer to pass an order of injunction restraining respondent No.5 from dumping bio-degradable and non-bio-degradable garbage, dead animals, chemical waste, plastics, tyres etc., in the Ayappakkam Lake and Lake bed or set them on fire causing environmental pollution and also to restore the lake and lake bed to its original position.
By order dated 20.12.2016, it has already been found that the respondent No.5, Panchayat is not entitled to dump any solid waste, without complying with the provisions of the Solid Waste Management Rules, 2016. It was then pointed out that there is no space in the Panchayat to dump the solid waste and therefore sought time to find out when the waste dumped could be shifted.
Learned counsel appearing for respondent Nos.4 and 5 submitted that based on the request made by the Panchayat, the Greater Chennai Corporation had already permitted them to transport the solid waste from the entire Panchayat limits to the solid waste disposal site of the Greater Chennai Corporation situated at Kodungaiyur. It is also submitted that the Panchayat would be transporting all the solid waste dumped in the disputed site immediately to that disposal point.
Learned counsel appearing for the Panchayat on instructions from the Block Development Officer (BDO), who is present before the Tribunal, submitted that the removal and transport of the solid waste dumped in the disputed site would be completed within a period of one month. It is recorded. Therefore, the grievance of the applicant on that aspect is already remedied.
It is not disputed that by dumping the solid waste, the lake has been polluted. Learned counsel appearing for the Panchayat submitted that the lake is under the custody of the Revenue Authorities and it is not with the Panchayat. Be that as it may, if the solid waste has been dumped in the Lake by the Panchayat, they can not wash their hands or avoid their responsibility. The main responsibility of restoration of the lake is with the Revenue Authorities including respondent No.1. Learned counsel appearing for the respondent Nos.1, 4 and 5 submitted that the lake would be restored to its original position. Learned counsel appearing for respondent Nos.4 and 5 submitted that the solid waste dumped by the Panchayat in the lake and lake bed would be removed by them within a period of one month.
Respondent No.1, District Collector is directed to restore the lake to its original position, after removal of the solid waste from the lake and lake bed by the Panchayat. The District Collector shall take necessary steps to keep the lake intact by demarcating the boundary and not to allow anybody to pollute the lake further or encroach any portion of the lake or lake bed. Respondent No.5, Ayappakkam Panchayat is directed to follow the provisions of the Solid Waste Management Rules, 2016 in letter and spirit with regard to the day to day collection and disposal of solid waste generated in the limits of Panchayat.
The application is disposed accordingly with no order as to costs