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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

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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

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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:

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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:

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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.

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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:

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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.

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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

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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,

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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.

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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.

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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

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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

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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

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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

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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

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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

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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