The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the clogging of Buckingham canal in Chennai with plastic waste and sewage flowing in from storm water drains.
The Petition is registered suo-moto on the basis of the news item dated 19.02.2024.
The news item discloses that the original depth of the canal should be 6 feet below sea level but due to silt and sewage pilling up it is now only 3 feet above the sea level.
As per the news item a bed of waste including plastic, thermocol, rubber and wrapper, blocks the channel for a stretch of 100 metres near Chepauk MRTS station.
The piling up of the sewage leads to swelling of the canal after the spell of rains.
The news item also refers to a January, 2024 study published in Aqua, a journal of water supply, research and technology showing that a biological oxygen demand value (BOD) ranged from 1.2 to 2.5 mg/L, indicating the presence of organic matter consuming oxygen.
The news item raises substantial issue relating to compliance of the environmental norms.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, the Principal Bench of Justice Prakash Shrivastava and Dr. A Senthil Vel impleaded the following as respondents in the matter:
(i) Central Pollution Control Board, through its Member Secretary
(ii) Tamil Nadu Pollution Control Board (TNPCB), through its Member Secretary
(iii) Ministry of Environment, Forest and Climate Change, Regional Office (SEZ), Chennai
(iv) Collector/District Magistrate, Chennai
The counsel for Respondent No. 2 (TNPCB) on advance notice has informed that the cleaning of the canal has been done on 26.04.2024 and that the inspection was done on 27.04.2024 and samples have been collected but the sample analysis report is awaited. She has sought time to file the comprehensive report showing the status of the canal.
Since the matter relates to the Southern Zonal Bench, Chennai , therefore, the Bench transferred the matter to the Southern Zonal Bench , for appropriate further action. Office is directed by the NGT to transfer the original record to the Southern Zonal Bench and the matter is listed on 04.07.2024.