CHENNAI: In a setback to the Chennai Corporation, a joint committee appointed by the National Green Tribunal (NGT) has found violations in the implementation of the Storm Water Drain (SWD) project along East Coast Road. It recommended that the corporation revisit the present proposal and come up with an alternative plan.
In its final report, the joint committee headed by MT Karuppiah, scientist at the regional office of the Union Environment Ministry, said the SWD project requires prior Coastal Regulation Zone (CRZ) clearance and disagreed with the corporation argument that the project does not attract CRZ Notification provisions since it is fully funded by German Development Bank under an international agreement.
"The committee confirms that the project activity falls in the CRZ classified area of CRZ-IA, CRZ-II and CRZ-III. Further, any kind of international funding or agreement cannot override the laws/rules enacted /notified within the ambit of the Constitution of India. The committee confirmed the requirement of clearance under the provisions of the CRZ Notification. The project authority has not obtained prior to the commencement of the activities for construction of the storm water drain," the report says.
V Suresh, counsel for several resident welfare associations that challenged the project in NGT, told The New Indian Express that the project cannot proceed further since there is no provision in the law to provide post-facto CRZ clearance. "The recent Union Environment Ministry's office memorandum allowing post facto CRZ clearance has been stayed by both the Madras and Bombay high courts."
On the environmental impact to aquifers and CRZ zone due to construction of concrete SWD, the joint committee said some of the outfall locations constructions fall within CRZ-1A, which is an ecologically sensitive area where SWD construction is prohibited. The Tamil Nadu government has notified the beach from Kottivakkam to Kovalam as Olive Ridley Turtle nesting sites, which is CRZ-1A as per the Coastal Zone Management Plan.
"Even if the locations of the outfalls are restricted by the realignment well within the area of CRZ-2 or CRZ-3, the final discharge invariably be discharged into the area of CRZ-IA and notified Ridley Turtle nesting sites. The input furnished by Tamil Nadu State Coastal Management Authority (TNSCMA) also says some of the outfall locations constructed are falling within the area of CRZ-1A," the report said.
The committee also noted that the project area was having a shallow water table and thus if the discharge had any contamination, it will definitely have an impact on the aquifer system.
Finally, the committee has recommended that Chennai Corporation may revisit the present proposal and find an alternate plan for the implementation of the project following all the statutory requirements.
It was originally a five-member committee comprising MT Karuppaiah, a scientist from the Union environment ministry, S Subramanian from Central Ground Water Board, Vijaya Ravichandran from National Institute of Ocean Technology, A Muthaiya from Public Works Department and P Ashok Kumar from the Chennai Metropolitan Water Supply and Sewerage Board.
However, the report was not undersigned by Muthaiya and Ashok Kumar. Instead, both have filed a separate dissent report saying Chennai Corporation has not committed any violation.
When contacted, a senior official of the Chennai Corporation said he was not aware of the committee's report. "We would take appropriate action after receiving the committee's report," he said.