Madras High Court Directs TNPCB to Take Action Against Madurai Corporation for Kiruthumal River Pollution
In a significant environmental ruling, the Madras High Court has issued a directive to the Tamil Nadu Pollution Control Board (TNPCB) to initiate legal action against the Madurai Corporation. The order pertains to the severe pollution of the Kiruthumal river, a vital water body in the region.
Court Order and Legal Basis
The directive was passed by a division bench comprising Justice G R Swaminathan and Justice B Pugalendhi on Thursday. The bench was hearing a public interest litigation (PIL) filed by advocate R Manibharathi. The court specifically instructed the TNPCB to proceed under Section 48 of the Water (Prevention and Control of Pollution) Act, 1974. This section deals with offences committed by government departments, making it applicable to the municipal corporation's alleged negligence.
Details of the Public Interest Litigation
The petitioner, R Manibharathi, brought to light the deplorable state of the Kiruthumal river. Originating at Thuvariman at the foot of Nagamalai, the river flows through Konthagai in Sivagangai district before joining the Gundar river at Keezhavalasai in Ramanathapuram district. According to the PIL, the river has deteriorated significantly due to multiple factors:
- Discharge of Sewage: Uncontrolled release of sewage into the river has contaminated its waters.
- Dumping of Rubbish: The riverbanks have become dumping grounds for waste, exacerbating pollution.
- Encroachments: Illegal constructions on the riverbed have drastically reduced its width from nearly 120 feet in Madurai city to a much narrower span.
As a result, the Kiruthumal river in Madurai has effectively turned into a dump yard, leading to severe pollution and a mosquito menace that affects local communities.
Petitioner's Demands and Remedial Measures Sought
In his PIL, advocate Manibharathi sought comprehensive directions from the court to address the crisis. The key demands included:
- Digital Survey: Conduct a digital survey of the Kiruthumal river using a Differential Global Positioning System (DGPS) to accurately map the river boundaries and identify encroachments.
- Removal of Encroachments: Take immediate action to remove all illegal structures found on the riverbanks to restore the river's natural flow and width.
- Prevention of Pollution: Implement strict measures to prevent further discharge of sewage and dumping of rubbish into the river.
- Water Release from Vaigai River: Ensure adequate water is released from the Vaigai river into the Kiruthumal to maintain its flow and dilute pollutants.
- Comprehensive Study: Conduct a detailed study of the river flows from Madurai to Ramanathapuram districts, focusing on sewage mixing, encroachments, and waste dumping, along with proposing remedial measures to protect the river from future pollution.
The court's order to initiate action under the Water Act marks a crucial step towards holding authorities accountable and potentially paving the way for these remedial measures to be implemented. This case highlights the ongoing challenges in urban river management and the role of judicial intervention in environmental protection.
