Punganur Consumer Protection Council vs State of Tamil Nadu & Ors

K Ramakrishnan, J

O.A. No. 92/2017 was filed by the petitioner council by name Punganur Consumer Protection council alleging that large scale encroachments are made in the water bodies and the no desilting was done in the canals which lead to at least 89 tanks of Mayiladuthurai Municipal area which ultimately connected to Cauvery river. It is alleged in the petition that the petitioner council filed W.P. No. 18541 of 1997 before the Hon'ble High Court of Madras and the Madras High Court directed the Tamil Nadu Pollution Control Board to investigate and pass appropriate order. Accordingly, the TNPCB conducted enquiry and passed orders on 23.02.1999 vide Letter No. 31247/COMP/TNJ/97 dated 23.02.1999 evidenced as Annexure 1 and with that direction the case was disposed of.

The Tamil Nadu Pollution Control Board directed desilting of Pazhancauvery, the water source for agriculture and also water catching point of tank and had also passed order to get fund from Government for underground sewage system and implement it. The underground drainage system was implemented and the Public Works Department failed to discharge water through Pazhancauvery River which is running through the middle of Mayiladuthurai Municipal area which recharges the ground water and also provides water for irrigation of agricultural lands near Nallathukudi, Kulichar village which is on the eastern side of Mayiladuthurai Town through the canals. It is alleged in the affidavit filed before the High Court that nearly 88 tanks are getting water through Pazhancauvery and Cauvery and the rain water harvest can be achieved by storing water in those tanks. But the Mayiladuthurai Municipality and the Public Works Department have not been following the regular procedure of desilting the Pazhancauvery, Cauvery and tanks of Mayiladuthurai Municipal area.

On account of this failure, the depth of the river has been changed and necessary quantity of water cannot be stored.

Another Writ Petition was filed by another person as W.P. No. 4998 of 2006 and by order dated 02.03.2010 evidenced by Annexure 2, the Hon'ble High Court directed the respondents therein to remove the encroachments in the tanks and desilt tanks for storing water in 89 tanks. The respondents have not taken any step. Instead they were sending notices to several authorities, but no action has been taken. It was informed by Mayiladuthurai Municipality through its commissioner that desilting of Pazhancauvery was done in the year 2009 and thereafter it was not done.

But the Assistant Engineer, PWD informed that it was desilted in the year 2014-15 to its length of 7.20 KM by spending Rs. 10 lakhs. That is the stand taken by the municipality and the PWD in this regard. The District Collector has not conducted any coordination meeting to supervise this aspect. So the petitioner filed the above petition seeking following reliefs:

It is therefore prayed that the Hon'ble tribunal may be pleased to pass an order by directing the respondents to allocate proper fund and desilt the river Cauvery, Pazhancauvery and the ways ABC canals to 89 tanks and tanks in Mayiladuthurai Municipal area and to maintain it for future for flow of Cauvery River water and rain harvest and water catchment area and storing water in order to maintain water level.

It is also prayed to pass orders to remove all the encroachments in Cauvery, Pazhancauvery and all the 89 tanks and its boundaries to remove all the encroachments and to get it and to place it in a original position and maintain them as water bodies ante period vide G.O. No. 161 dated 30.08.2006 within a stipulated time and pass such other

And further relief as the Hon'ble Tribunal deems fit and proper in the circumstances of the case.

The Hon'ble Tribunal may also be pleased to direct the Government to appoint one judicial observer like Thiru Solaimalai, retired District Judge of Nagapattrinam who has already been appointed as an observer for the nearer Kumbakomnam Municipal area for the same purpose and thus render justice.

The Respondent No.7, through Executive Engineer, PWD/WRD Cauvery Basin Division (E) Mayiladuthurai filed reply stating that Water Resources Department Cauvery Basin Division (E) Mayiladuthurai is the custodian of the river Cauvery and its various branches, channels, drains in the jurisdiction of the Mayiladuthurai revenue division limit. The division caters to the need of nearly 87680 ha wetland through 13 majors rivers and numerous channels and drains. During irrigation season, the water received from the Grand Anicut is distributed through various rivers and channels and during rainy season the flood water from the Kumbakonam, Kuthalam, Mayiladuthurai, Tharangambadi, Sirkali areas are to be monitored, drained through drainages and let into sea without affecting the farm produces produced by the farmers.

The river Cauvery and its distributary rivers and Pazhancauvery are under the maintenance of Water Resources Department. They are undertaking regular maintenance works. Government is allocating funds to maintain the river and channels in an effective manner to maintain the system. It is not required to desilt the rivers and channels every year since the situation will not happen frequently. The siltation in the river and channels will happen only in the dams. The Mettur dam which is far away from the present area of Mayiladuthurai and the question of siltation in rivers is unique. It appears that according to the applicant rivers, channels are required to be desilted for the purpose of effective supply of irrigation water and storage then and there. But desiltation is required to be done depending on the situation and as and when required it will have to be done. The vegetations like hyphomia, water plant, weed grown in rivers, channels give the appearance that silt has been accumulated. The removal of weeds, vegetation is done periodically and also the slippery earth from the sides of the farm and the deposited silt from the floating water are removed by Water Resource Department as and when required. The channels and the city limits get polluted due to disposal of sewage and dumping of debris and garbage into the channels by local residents. The desilting was done in Palancauvery in the year 2008-2009 and 2014-2015. The fields channels were cleaned by the farmers themselves to take the irrigation water to their field since they are beneficiaries of the channels. The operation is being done by the farmers through the local body under schemes like MGNREGA, etc. The cleanliness of the water bodies are to be maintained by the agencies who are the custodians of the water body concerned. The tanks, etc are to be maintained by the agencies who are the custodians of those water bodies and they will not come under the maintenance of the Water Resources Department. As suggested by the Pollution Control Board in their letter no. 41247/comp/TNJ/dated 23.02.1997, as a short term measure, Palan Cauvery within the said municipal area has been desilted during 2008-2009 and subsequently during 2014-2015. Due to the dumping of waste in the channels they get polluted in a short span and the Palancauvery channel was desilted during 2014-2015 and now it was proposed to remove the shoals, Slushy soil, vegetation growth etc under Kudimaramath scheme 2017-2018. So the allegation that they are not maintaining is not correct. So they prayed for dismissal of the application.

Respondent No.8 Mayiladuthurai Municipality through its Commissioner filed a counter affidavit contending as follows:

The application is not maintainable. The maintenance of channels such as Pazhancauvery channel, A,B,C channels linking the Cauvery river to the supply areas for the water management in the agricultural operations are with the Public Works Department and the municipality has no role to play in such maintenance of such channels.

There are 64 tanks vested in the municipality and rest are irrigation tanks vested in the PWD. The list of tanks vested with the Respondent was given in Annexure A to the counter affidavit. The work of maintenance of tanks free from encroachment is being undertaken on regular basis. In few tanks where there were encroaching structures steps have been taken to remove the encroachment by undertaking necessary legal processes. Notices have been issued to the encroachers and some of the structures have been removed. Out of 64 tanks there were encroachments in 23 tanks having nearly 244 structures such as RCC, Thatched, Tiled, Fences, hut etc. Out of these, 34 structures have already been removed. Out of balance 210 structures, 19 are fencing structures behind the existing private lands adjoining the Water bodies. The balance 191 are residential structures which were more than 40 years old. In several cases the encroachers have been residing in the places for several generations. In respect of such persons/residents, the District Collector has been addressed for the allotment of alternate sites. The Municipal Council has passed Resolution Number 503 dated 29.07.2005 seeking for the allotment of alternate sites.

On receipt of the said request, the District Collector by D.O. letter No. B38233/2005/U4 dated 09.12.2016 has directed the Revenue Divisional Officer to look into the matter and find out alternative sites for allotment for the encroachers. The process of identifying the alternative sites and allotment of the Pattas is in progress. As and when the sites are identified by the concerned jurisdictional Tahsildars and the sites will be to the identified encroachers and the structures will be removed one by one.

It is further alleged in the counter statement that 191 structures are not affecting the functioning of the water bodies, for the reason that the encroachments have not encroached upon the water spread areas and are on the bunds of the Water bodies and have been in existence for several decades.

The process of installing Rain water harvesting structures has been done around the Water bodies and the rain water that is falling in the contiguous area of suitable gradient is being led into the water bodies by the regular street side channels into the Water bodies. Further the deep bore wells have also been sunk in the water bodies themselves to allow the collected water to recharge the ground water table.

The maintenance of channels and supply channels are vested only with the PWD and the Municipality has no role in the same. According to their knowledge, the last desilting work was done during the year 2009 and thereafter the municipality was not aware of any such work done during 2014 and it is for the Public Works Department to provide the reports regarding the same.

The work of establishment of the Underground Sewage System has been executed and the Sewage Treatment Plant is in operation. All the collected sewage from the households is being conveyed through the underground pipes to the STP and is being processed and let out after quality checks at its approved disposal point. The necessary consent from the Tamil Nadu Pollution Control Board has been received and it is being periodically renewed from 2008 December. Out of total 25,374 buildings in the Municipal area, 90 % have been provided with the connections and the rest have their own soak pits. The said buildings will all be covered gradually as and when the said buildings are either reconstructed or the residents come forward to take the connections.

Only in respect of few cases of the encroachments on the water course poromboke vested with the Public Works Department, such as the Channels the structures do not have proper drainage and the sewage overflow reaches the channels. As and when the PWD removes the said encroachments, the said outflow will be stopped. In most of the channels running through the town, there is heavy overgrowth of weeds and it is not possible to identify any sewage outflow and on the said overgrowth being cleared during the maintenance works of the PWD, the respondent will take steps to stop such outflow of sewage. The Municipality as such is not in any manner responsible for the outflow of sewage into the channels.

In the Monsoon seasons, the staff of the Municipality undertake round the clock inspection in order to ensure that the Rain water does not stagnate in the streets and the same reaches the nearest water body and also to prevent the overflow of the sewage from the UGD lines into the streets and prevent the said sewage from reaching the Water Bodies. In few places the storm water drains are opened in a controlled manner to ensure quick draining of the flooded areas and the same has nothing to do with the sewage flow.

In respect of existing encroachments from the lands of the concerned Department such as the Highways, Revenue, Public Works Departments, it is the concerned department that ensure the removal of the encroachments and this respondent cannot be expected to interfere in the said lands. In respect of the lands vested with the Respondent PWD, the work of identifying the encroachments is being done by the Town Surveyor and the encroachments are removed and there are no lapses on the part of this Respondent. This respondent is also willing to undertake the maintenance of the Channels and Water bodies that are vested with the PWD, provided the same are cleared of the encroachments and are handed over to this Respondent. Without doing it so, it is not possible for this respondent to undertake the maintenance of the water bodies and the supply channels.

There were no lapses on the part of the municipality in maintaining the drains and water bodies vested with them. So they prayed for dismissal of the application.

Others have not filed any statement.

The applicant has filed the rejoinder statements to these reply statement denying the allegation and reiterating his claims made by him in the application.

O.A No. 23/2018 was filed by the same applicant stating that when O.A. No. 92/2017 (SZ) was pending and some interim order had been passed by the Tribunal, Mayiladuthurai Municipality, Chief Executive Engineer, PWD and others who are parties to the earlier proceedings without informing the Tribunal made arrangement and allocated funds for Cauvery Mahapushkaram 2017, Mayiladuthurai function at Thula Kattam in Cauvery river from September 24th 2017. It is also informed in the National Green Tribunal by filing rejoinder affidavit and it has been brought to the notice of this Hon'ble Tribunal the water table problem and ground water issue. The PWD authorities informed that the function has been fixed by the collector after getting proper permission from concerned secretaries and fund has been allotted by Government and work is going to be done for more than Rs. 1.5 crores i.e. Rs. 50,00,000 the fund received from City Union Bank and 50 Lakhs from M.L.A fund and Rs. 50 lakhs from M.P. Fund and many other funds from District Collector, Municipal administration and others. Maha pushkaram, Hindu function which is being conducted all over India in the running water of Ganga, Godawari, Yamuna and others. So it is not particular function at Mayiladuthurai Thula Kattam. Kadimugam (Kadai Muzhukku, Mudamuzhukku) are the historical function like Mayiladuthurai thula kattam and it has been given in the encyclopaedia published by Government of India and it is a function of Mayuranathar temple and others.

The Public Works Department officials, i.e. Chief Engineer, PWD Executive Engineer and concerned Engineers have built one concrete bed and constructed one big concrete tank in the Cauvery River without following the norms and without getting approval from concerned departments and also the municipality for the construction of tank and fund has been allotted for the construction of tank in Cauvery River. On account of this, base water from underground is unable to come to the river and the "water Sprouting" (Ootrukan) is damaged and the originality of the Holy River Cauvery was spoiled by the P.W.D authorities. The Public Works Department has applied for one 3 phase EB connection for deep borewell in order to pump water within 50 meters from the Cauvery river i.e., in the River Poramboke without getting permission from the concerned division of the Public Works Department for getting ground water clearance certificate. As per the PWD rules, no deep borewell can be erected for pumping more water without getting ground water clearance certificate. The Tamil Nadu Electricity Board gave connection without following the rules since they have been forced by the District Administration as informed by them and they informed deep borewell has been erected below 200 feet for that function within 3 meters of the Cauvery river and pumped more water approximately eight thousand core litres and it can be verified by the Hon'ble Tribunal by verifying the use of 10 HP Motor since the function has been started from Sep 12th and ended on 24th September, 2017. There is already water scarcity in that area and in order to save the water and improve the water table desilting was prayed for in Cauvery and Pazhancauvery. The District Collector formed one Cauvery Maha Pushkaram 2017 Mayiladuthurai Committee and appointed Ko. Venkatesan, Special Officer and 2 others officers of the Government departments as Secretary and others and the first meeting of the Committee was held for getting public opinion and the special officer took charge for the above function at Thula Kattam, from September 12th to 24th September, 2017 and the Special Officer, Mr. Ko. Venkatesan and the Superintendent of Police, Mr. Kalitheerthan issued passes and they took charge of the Maha Pushkaram for that function. So the application has been filed with the following prayers;

The Respondents 6 to 9 be directed to destroy the concrete tank and concrete bed recently built by the respondents in the Cauvery River without following the norms for the Cauvery Mahapushkaram 2017 mayiladuthurai.

The respondents 6 to 9 be directed to restitute and restore the pazhamcauvery and Cauvery river to its pristine state

And pass such other relief as this Hon'ble Green Tribunal deems fit.

Since there is a connected matter pending, the Tribunal thought of getting a report from District Collector, Nagapatinam about the allegation made in the application without issuing notice to the respondents and directed the District Collector, Nagapattnam to submit a factual report on the allegation made after inspection. Since Respondent 1 to 3 and 6 to 5 entered appearance through counsel, their presence was noted. The District Collector, Nagapattinam has submitted an inspection report which was received by this Tribunal through email dated 28.07.2019 where he stated as follows:

I submit that the River Cauvery originates at Thalai Cauvery in Karnataka State and confluences in Bay of Bengal at Poombukar in Nagapattinam District Tamil Nadu. The Cauvery river travels through the heart of the Mayiladuthurai Town. The normal irrigation period for release of water in the Cauvery River is from June to January depending upon the storage of water in Mow dam.

I further submit that the Cauvery river while crossing the Mayiladuthurai- Sirkazhi road also passes through a portion below which is called Thulakattam". The same was inspected by the District Collector, Nagapattinam on 24.05.2017 also. I submit that every year in Thulakattam, a function known as the "Kadaimuga Theerthawari" is being celebrated during October to November (Ippasi month). During this festival, thousands of devotees take a holy dip at the Thulakattam. The festival celebrated is feverish pitch and is imbibed deeply with the local beliefs, customs and practices. The sentiment of the people echo the belief that if such a celebration does not occur, it will not augur well for the entire society.

I submit that, however, since the path leading to the spot where people used to take a dip was not accessible, and especially the elderly people found it very difficult to reach the tank, the District Administration decided to provide concrete structure/bathing ghat with steps. The actions were taken based on the innumerable requests of the locals.

I submit that, accordingly, an estimate was prepared by Public Works Department(WRD) for Rs.280 Lakhs to carry out the following works:

(1) Repair and reconstruction of steps in the river.

(2) Repair and reconstruction of Retaining wall.

(3) Construction of water retaining structure below the river bed level for 75cm depth.

(4) Steel Grill fencing on the shores

(5) Construction of temporary Borewell in the bank.

I submit that for executing the above works, funds were sanctioned by District administration for Rs.50.00 Lakhs under MLACDS, Rs.50.00 Lakhs under MPLAD Scheme, City Union Bank, Kumbakonam contribution amounting Rs.50.00 Lakhs and Corporate Social Responsibility (CSR) fund 9.60 Lakhs. Thereafter the PWD Water Resources Department started the above Rehabilitation and Renovation works in July 2017 and completed the same by September 2017.

I submit that after completion of works at Thulakattam of Cauvery river in Mayiladuthurai Town, the "Cauvery Maha Pushkaram" Function was celebrated from September 12th to 24th of 2017 under the direct supervision of the District Administration. All the departments viz. Police, Revenue, Health, Fire service etc. contributed their responsibilities for the smooth conduct of the function. Further, the Hon'ble Chief Minister of Tamil Nadu along with other Senior Ministers of State Government and elected representatives from State Legislative Assembly also attended the above celebration.

I humbly submit that the issue in the present Application arises out of the above said renovation works carried out. I submit that as per the reports of the Public Works Department, the construction was made at Thulakattam after proper assessment and study. The reports specifically indicate that the construction at Cauvery river in Thulakattam, Mayiladuthurai town did not obstruct the flow of water in the river as the structure was below the river bed level. The water retaining structure with a size of 115m X 16m X 0.75m was constructed below the river bed covering the nine ancient wells which facilitates to retain water in it during festival seasons. During off seasonal periods the ground water in the structure raises to the surface through the nine ancient wells by capillary action and vice versa when there is flow of water in the river.

I submit that it is seen from the reports that the construction was made so that the ground water raises to the top and water can be stored to a depth of 75cm in the structure. Further, during the irrigation and monsoon season when there is flow of water in the river, the ground gets recharged through the 9 wells existing in the Thulakattam where the water retaining structure was constructed.

Therefore, I submit that the construction has not affected any flow of water and has been constructed after proper assessment and study and also to facilitate for devotional usage by lakhs of common public.

I further submit that the said Thulakattam of Cauvery River in Mayiladuthurai town has no encroachments. In fact, action was taken by Water Resources Department in desilting the old palang Cauvery channel and its branch pattamangalam channel under Kudimaramath scheme for the year 2018-2019 for a cost of about Rs.18.00 Lakhs.

I submit that only in the larger interest of public and in view of respecting religious sentiments of the people, the aforesaid renovation works were carried out. It is submitted that the said area is seen to be worshipped very religiously and there are about 24 Hindu temples of various Gods nearby. Further, a local holiday festival known as the "Thula Utchavam" is celebrated where all the Gods are brought to the said place and people worship by taking a holy dip. The river also serves as a "Theertham" for the devotees. It is only in light of such overwhelming local religious beliefs and sentiments that the said works had been carried out.

I submit that the works have been carried out however, irrespective of the religious importance only on proper technical analysis, study and design. Much emphasis has been given to the fact that there should be no obstruction to the flow of water and only on such a design being feasible, the project was implemented. Further, the design incorporates outlets at the end which let the water once again into the ground. Thus a cyclic flow of water is maintained where any water used by the devotees is once again only utilized as ground water. There are wells and proper technical construction to ensure that there is no obstruction to the water flow.

I submit further that even on the inspection carried out on 11.06.2019 and 10.07.2019 it was found that the said site has been prevailing in the above mentioned condition and as such no obstruction to the water flow or ground water recharge could be observed. Further, the averments made by the petitioner are found not to be valid and acceptable.

With respect to the specific averment in Para 6 of the Application, it was observed during the inspection that the borewell has been constructed only after obtaining permission and had been used to only pump water for holy dip. The said water also once again only runs off underground with the outlets and the wells. Thus the water is not used for any other drinking, irrigation or any other purposes. Further, the inspection revealed that the bore is functional on festive days which are also local holidays on prior permission from the authorities. The averments of 8 crore litres of water being pumped are not supported by any records and are not found to be true.

With respect to the specific averment in Para 7 regarding the ground water situation, it was observed during the inspection and based on reports it is found that there is no change in the existing situation due to the Renovation works and the ground water has remained the same.

Heard the representative of the petitioner who appears in person and the counsels appearing for the State functionaries.

The petitioner submitted that all the encroachments have not been removed and in fact by construction of a concrete structure in the river Cauvery in connection with the Tula Kattam and Mahapushkaram 2017, there is environmental damage caused. Due to the concretisation of the well, water recharge will be affected and also the flow of water in Cauvery river will be affected and they will in turn affect the ground water level in that area causing more threat of water scarcity.

On the other hand the counsel appearing for the District Collector and the Government authorities submitted that steps have been taken to remove the encroachments and necessary further steps will be taken to maintain the flow of water in Cauvery River and there is no encroachment made by the authorities as stated. In fact the construction made by the authorities after getting scientific advice, will only improve the water recharge system and it will collect water in the tank which will recharge the water and during off season it will produce more water that will flow into the river. No new construction was being made. Only existing constructions have been repaired and reconstructed for the purpose of facilitating the function to go on in a smooth manner and to facilitate the need of worshipers to meet their needs during the function. After the function, the area has been restored to his original position and there is no dimension in the water bed of river Cauvery and it has not affected the water basin or the flow of water as contended by the petitioner. There was no wastage of water as submitted by the petitioner.

The petitioner has reiterated his contentions and denied the submissions made by the counsel for the respondents. He had also submitted a written submission where it is stated that the underground drainage work has not been completed till date and on account of the same the Cauvery and Pazhancauvery and Anathandapuram voikkal and Eris and others linked canals were completely damaged and contaminated with the sewage. The Toilet waste is also being discharged in Cauvery River and all the water bodies of Mayiladuthurai in the surrounding areas due to which Cauvery river and other rivers were completely ruined causing health hazards in that area. He had also mentioned in the written submission that the waste that has been collected during the festivals has not been removed and that has been dumped into the Cauvery River and only now it has been stopped.

According to him illegal bore well were also permitted during the festival season. People had fallen down in the river and some died and some got injured due to the construction of the concrete bund.

O.A. 92/2017 was filed alleging that there was no proper desilting of River Cauvery and the tanks thereby the flow of water has been affected. There were large scale encroachment along the water bodies that also causes obstruction to the flow of water. The petitioner has produced an order of the Madras High Court in W.P. No. 4998 of 2006 dated 02.03.2010 which has been disposed of by the Hon'ble High Court with the following observations:

"From the submissions made by the learned counsel for the parties and a reading of the counter affidavit filed by Respondent No.5 and as rightly pointed out by the learned counsel for the petitioner, there are several encroachments on the tanks, rivers and other water sources. From a reading of the counter affidavit, it is evident that steps are being taken by the Municipality to remove the encroachments by issuing notice of eviction. In the counter affidavit, the fifth respondent has categorically stated that notices have been issued to 244 encroachers to remove the encroachments and on the resolution passed by the council on 29.7.2005 it has been stated that steps are taken for evicting the encroachers. In this context, the learned counsel for the R-5 has submitted that due to suits filed by the encroachers and because of the interim orders passed by the Civil Court, some of the encroachers could not be evicted, but, however, steps are being taken to evict them is accordance with law.

Considering the submissions made by the learned counsel for the parties and the counter affidavit filed by fifth respondent, we consider it appropriate to dispose of the writ petition with a direction to the respondents that appropriate action should be taken to remove the encroachments which are not covered by litigation without any delay, in accordance with law. So far as the encroachers in respect of whom civil suits are pending, steps are to be taken to dispose of such matters as early as possible and thereafter steps have to be taken for removal of such encroachers. With the above directions, the writ petition is disposed of. No costs."

The Tribunal had passed certain directions by order dated 13.0.2017 which reads as follows:

As far as the Mayiladuthurai Municipality is concerned, in the reply filed by the Municipality dated 10.6.2017 it is stated that out of 89 tanks, 64 tanks are under the control of the Municipality. Out of the 64 tanks, according to the Commissioner, steps have been taken for the purpose of cleaning and desilting 30 tanks and steps are being taken for the remaining tanks which include removal of encroachment and also removal of solid waste. The Commissioner also states that the Municipality has taken decision in accordance with the Solid Waste Management Rules, 2016 for segregation and according to him the bio-degradable waste are taken to the composting yard which is in existence and the Municipality is also taking action for the purpose of creating other composting yards, since according to him, nearly 35 MT of bio degradable waste are generated within the Municipal limits. He also submits that as far as non bio degradable waste are concerned particularly plastic, steps are being taken for the purpose of disposal through stakeholders. The Commissioner also undertakes to file a detailed report regarding the steps taken so far and the time required for the purpose of cleaning the remaining 34 tanks which are under the control of the Municipality. The Municipality shall take effective steps for the purpose of implementing the Solid Waste Management Rules, 2016. The Commissioner also submits that bye laws have been framed and they are in the notification process to the government and on the next date of hearing the record will be filed before this Tribunal.

In so far as it relates to the Pattamangalam Channel and other distributing channels of Cauvery river, according to the Assistant Engineer, it is to a length of 7.2 KM and an amount of Rs.18 Lakhs have been sanctioned under Kudi Maramathu Scheme and the PWD is taking steps for the purpose of removal of encroachment and to ensure free flow of water.

It is seen from the G.O.Ms.No.41 Revenue (L) Department dated 20.1.2.1987 directing the PWD to remove encroachments on watercourse-poramboke, Channel poramboike and river poramboke after conducting inspection and steps will be taken by the PWD on the next date of hearing.

In so far as the remaining tanks are concerned, the Block Development Officer who is responsible shall file status report on the next date of hearing. Since different departments are involved, we are of the view that the 6th respondent - District Collector - Nodal Officer shall take concerted efforts to put an end to the encroachment so as to see that free flow of water is maintained not only for the purpose of drinking but also for the purpose of irrigation. The authorities concerned with the consultation of the District Collector shall file their status report in respect of each of the water bodies on the next date of hearing to enable this Tribunal to pass final order. The tanks which are under the control of the Municipality shall be taken care of by the Municipality.

Mr. P. Srinivas, learned counsel appearing for the Municipality would submit that the whatever tanks are under the control of Municipality, effective steps will be taken immediately including allotment of funds. We also direct the Municipality to avail the funds of the Government of India under Swatchh Bharat Scheme for the purpose of implementing the scheme in the appropriate manner

Again on 31.08.2017, The Tribunal had passed the following order:

We direct the District Collector, Nagappattinam to coordinate with the Revenue and other Departments for the purpose of conducting an effective survey in order to ascertain the encroachments, based on which the P.W.D shall formulate a time bound scheme for the purpose of implementing the removal of such encroachments which will require consent of the persons who are occupying.

The 8th respondent - Municipality has filed report. The report also refers to the meeting of the District Collector, Nagappattinam convened on 28.8.2017 in the presence of various officers. Even though various directions have been given for the purpose of desilting all water bodies and about the removal of encroachments, it remains the fact that within the jurisdiction of the Municipal area, there are nearly 191 encroachments in the form of residential houses which are to be removed. Steps must be taken for the purpose of rehabilitating those occupants. So far as the removal of encroachments, we direct the District Collector, Nagappattinam to implement the same by giving appropriate directions to various authorities concerned. We also make it clear that in the event of the Municipality seeking for any fund from the government for the purpose of desilting the water bodies, the Secretary to Government, Revenue Department and the Secretary to Government, Municipal Administration shall consider such request and pass appropriate orders for the purpose of releasing the fund expeditiously. If the Central Government has allotted any fund for the purpose of implementing the above said work, the District Collector shall utilise the same.

The P.W.D, Cauvery Basin Division shall frame a time bound scheme for the purpose of removal of encroachments and submit a report about the number of encroachments by the next date of hearing.

The Commissioner of Mayiladuthurai Municipality has stated that in respect of the solid waste management, bye-laws have been framed by the Municipality and the same is notified in the government Gazette on 1.8.2017. The Commissioner submits that steps are taken for the purpose of implementing source segregation when the daily generation of waste in the Municipal area is stated to be 35 MT. We make it clear that the waste generated shall be dealt with strictly in accordance with the provisions of the Solid Waste Management Rules, 2016.

On 16.11.2017, the Tribunal considered the statements of the parties and passed the following order:

In such circumstances, the District Collector, Nagapattinam is directed to convene a meeting of all the stakeholders within a week from today and prepare a scheme for restoration of Pazhankaveri to the extent of 7.2 km. The District Collector shall communicate to all Stakeholders, including the applicant the date and time of n the meeting.

The applicant also submits that apart from 64 tanks owned by the Municipality there are about 25 more private tanks also belonging to the temples to be desilted. In the meeting to be convened by the District Collector, the desilting of those private temple tanks also be considered and appropriate steps be taken.

Thereafter the case has been adjourned and no order has been passed.

It will be seen from the counter statement filed and also directions issued that desilting of tanks were not being done properly and there were some encroachments on the banks of the tank and river Cauvery and in certain cases the encroachments were old and there were residential houses which will have to be shifted to some other place for which rehabilitation scheme will have to be evolved. It is also seen from the order of the Tribunal that the District Collector, Nagapatinam was directed to look into the matter and take necessary arrangement to survey the area and find out the trespass or encroachment and steps will have to be taken for their rehabilitation and removal of the encroachments and protect the water bodies. It is also seen from counter statement filed by the Public Works Department, Irrigation Department and the Municipal Council that desilting was being done in respect of those water bodies which are under the custody of the respective department whenever necessary.

As regards the dumping of waste in the canal/drain it was alleged by the municipal council that unless the encroachment is removed by the PWD, it will be difficult for them to carry out the cleaning of the drains in an effective manner.

It is the duty of the municipal council to see that the drains are properly maintained so that there will not be any blockage of drain causing any pollution in the area.

It is also the duty of the Municipal Council to see that the garbage is not dumped in the public drains and necessary steps will have to be taken for the purpose of removing the garbage that has been dumped in the drains which is likely to choak/block the flow of water in the drains and cause over flow of the same. If the drainage system or the sewage system is not proper, it is the duty of the municipal council to rectify the same. Similarly, there is a duty cast on the Public Works Department and also Irrigation Department to see that there is no encroachment over the water bodies and see that they are protected which are necessary for the purpose of Conservation, Preservation and recharge of water and protection of the Environment. The District administration is also having a duty to see that these things are done properly and encroachment over public drains or water bodies have to be removed and further steps will have to be taken to prevent and protect those areas from further encroachment if that area had already been recovered by removing the encroachments.

These is a duty cast on the State Government as well to see that the water bodies and public tanks and channels are protected from encroachments and preserve them so as to protect environment as provided under Article 48 (A) of Constitution of India. Providing clean environment is a part of right to life of the public as enshrined in Act 21 of Constitution of India which is the duty of the State to provide to the public. Right to life is a right provided for people of India under Article 21 of the Constitution of India which includes clean air, water and environment. Protection of water bodies is highly required for protecting environment and also that will accelerate the preservation, conservation and recharge of ground water. It is the duty of the State Government, the local authorities and other government department who are dealing with these matters to see that the water bodies are protected properly. The cleanliness of the city which includes removal of garbage and protecting environment against pollution is also part of the duty of the local authorities to maintain.

As regards the allegation in O.A. No. 23/2018 is concerned, the main allegation was that concrete bund was constructed inside the Cauvery river and the wells inside were concretized which is not environmental friendly and it will affect the water recharge and conservation of water in the river. It was admitted by the District Collector in his report that in order to provide feasibility for the worshippers during Tula kattam a bund was constructed below the water level and according to them it will not affect the flow water. This is a matter to be considered by a Committee of Experts to be constituted by this Tribunal.

So under such circumstances we feel it appropriate to appoint a Committee consists of a Senior Engineer or officer from the Irrigation department, Senior Scientist from the Regional Office of the Central Pollution Control Board, and a Senior Scientist/Environment Engineer from the Tamil Nadu Pollution Control Board and Chief Engineer of PWD to inspect the area in question which is a subject matter in O.A 23/2018 and ascertain as to whether the present concrete structure constructed as detailed in the inspection report by the District Collector, Nagapattinam will affect the flow of water or it will have any adverse impact on recharge of water in the Cauvery river and whether it will have any adverse impact on environment or quality of water in the Cauvery river and if so what is the further action to be taken to remedy the same and submit a report in this regard within a period of 03 months. Regional office of the Central Pollution Control Board will act at Nodal agency for co-ordination.

The Committee shall also consider the question of quality of water in Cauvery and Pazhancauvery rivers and its tributaries and the water tanks and other bodies maintained by the irrigation department, the local bodies and PWD and find out the source and if it is contaminated, report about the remedial measures to be taken.

As regards the grievances in O.A. No. 92/2017 is concerned, we feel it appropriate to appoint another Committee consists of Secretary, Tamil Nadu Urban Development, Secretary for Revenue Chief Engineer of Public Works Department and the Senior Officer of the Irrigation department and the Commissioner of Nagapattinam Municipal Council and the District Collector, Nagapattinam to consider the question of encroachment of water bodies including the river Cauvery, Pazhancauvery and the water tanks except in respect of which litigations are pending in court but in the custody of the respective government departments after conducting necessary survey and take steps to remove the encroachment and protect the water bodies by taking appropriate measures to prevent encroachment over that area. District Collector will be the Nodal officer for coordinating the same.

The Committee is also directed to consider the question as to whether all the water bodies including the tanks require any desilting and if so necessary steps will have to be taken to do the desilting of those water bodies wherever it is required and continue to do the same whenever it is required for protecting those water bodies without affecting its flow of water in that water body or river which is required for conservation and Preservation of water and promote water recharge and improve the water table in those areas to avoid scarcity of water in future. The Committee is also directed to consider the question as to whether any rehabilitation is required as part of the scheme of the government in respect of those persons who are occupying the area for longer period and who are entitled to get rehabilitation, then necessary steps will have to be taken to rehabilitate them within a reasonable time at any date it should not exceed more than three months as the case is pending from 2017 and already directions had been issued by this Tribunal in this regard by order dated 31.08.2017 and also by the Hon'ble Madras High Court prior to that and the Committee shall submit a action taken report in this regard within 03 months. The Chief Secretary is directed to monitor this and evolve the scheme/action plan for this purpose to implement the same and submit a report before this Tribunal within a period of 03 months.

As regards the implementation of Solid Waste Management Rules, 2016, it is a responsibility of the Municipal Council to do the same and avoid dumping of garbage in public drains so as to obstruct its flow and cause damage to environment. It is not known as the how far the Nagapattinam Municipal Council had achieved the object of implementation of the Solid Waste Management Rules, 2016 of that area. It is also not known about the present status of implementation of the Scheme of underground drainage system as mentioned in their counter statement and also whether any action plan has been prepared for this purpose as directed by this Tribunal in O.A 606/2018 and what is the present status, etc.

The Tamil Nadu Pollution Control Board as well as the Municipal Council is directed to submit an Action plan if any already prepared and its status of implementation in this regard before this Tribunal within a period of 03 months.

The Chief Secretary is directed to oversee the functioning of these Committees and see that the directions are implemented in its true spirit and submit a report to this Tribunal within a period of 03 months.

It is needless to say that the directions given by this Tribunal will amount to decree of civil court and violation of which will be dealt with under Section 25 of the National Green Tribunal Act.

With the above directions and observations, the petitions are disposed of. Respective Committees and Chief Secretary are directed to submit reports within a period of 03 months to this Tribunal by email.

The Registry is directed to communicate the order to the above officers immediately for compliance of the directions and submit the report. Parties are directed to bear the respective costs.

List this case for consideration of the report on 04.12.2019.