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NGT takes suo motu cognizance of toxic foam in Thenpennai River in Tamil Nadu

The National Green Tribunal (NGT) has taken suo motu cognizance of a news article published on December 5, 2024 highlighting a toxic foam crisis that has emerged in a stretch of the Thenpennai river near Hosur, Tamil Nadu, following the release of surplus water from the Kelavarapalli Dam.

The NGT noted that the toxic foam, which rose up to 10 feet high in some areas, was attributed to industrial effluents and untreated sewage from Bengaluru entering the Thenpennai river, which feeds the dam. 

The chemical pollutants, including detergents and phosphates, create froth when agitated by turbulence in the water, especially during high inflows from rainfall. 

This foam reduced dissolved oxygen levels in the water, leading to the death of fish and the destruction of algae, which are critical to the river’s health.

The Principal Bench, comprising Justice Prakash Shrivastava, Chairperson, and Dr. A. Senthil Vel, Expert Member, observed that the news article indicated a violation of the provisions of the Water (Prevention and Control of Pollution) Act, 1974, and the Environment (Protection) Act, 1986. 

The Tribunal noted that it had the power to take up the matter suo motu, as recognized by the Supreme Court in the case of Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.

The NGT impleaded the Tamil Nadu Pollution Control Board, the Central Pollution Control Board, the Ministry of Environment, Forest and Climate Change, and the District Magistrate, Krishnagiri, as respondents in the matter. 

The Tribunal directed the respondents to file their responses/replies by way of affidavit before the Southern Zonal Bench of the NGT at least one week before the next date of hearing.

The NGT transferred the original application to the Southern Zonal Bench for appropriate further action and directed the office to transfer the original record of the application. 

The matter has been listed for hearing before the Southern Zonal Bench on February 10, 2025.

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