FORM-I

BEFORE THE NATIONAL GREEN TRIBUNAL (SZ) CHENNAI

MEMORANDUM OF APPLICATION

(Under Section 18(1) read with Sections 14, 15 of National Green Tribunal Act 2010)

Application No………of 2014

Between:

P. Edwin Wilson
S/o Wilson
No. 28, Parthasarathy Street
Purasaiwalkam
Chennai

AND

1. The State of Tamil Nadu

Rep by its Chief Secretary
Fort St. George, Chennai

2. The State of Tamil Nadu,

Rep by its Principal Secretary,
Environment & Forests
Fort St.George
Chennai -09

3. The State of Tamil Nadu

Rep by its Secretary,
Public works Department
Fort St.George
Chennai -09

4. The State of Tamil Nadu

Rep by its Secretary,
Municipal Administration and Water Supply Department
Fort St.George
Chennai -09

5. The Corporation of Chennai

Rep by its Commissioner
Rippon Building, Chennai

6. The District Collector,

Collectoate, Chennai

7. Chennai Rivers Restoration Trust

6 / 103, Dr. D. G. S. DinakaranSalai,
Raja Annamalaipuram,
Chennai - 600 028.

8. The Union of India

Rep by its Secretary, Ministry of Environment and Forests,
Delhi … Respondents
TO,

THE HON’BLE CHAIRMAN AND HIS COMPANION MEMBER OF THE

NATIONAL GREEN TRIBUNAL.

HUMBLE APPLICATION SUBMITTED

BY THE APPLICANT ABOVE NAMED

The Applicant is Mr.Edwin Wilson, residing at No. 28, Parthasarathy

StreetPurasaiwalkam, Chennai. The applicant is interested in the protection

of the environment and in protection of the right to a clean environment

guaranteed to him by the Constitution of India under Article 21 and in

performance of his duty under Article 51. It is submitted that the present

application has been seeking appropriate directions to clean up the Coovum

river,adyar river and the Buckingham canal running through the city of

Chennai, which have become stinking cesspools. The inaction and incorrect

action of the respondent authorities over the last several decades have

resulted in these rivers being converted to mass sewage lines carrying toxic

waste into the ocean without any treatment whatsoever.

The addresses for service on the appellant is that of his Counsel:

M/S. A. YOGESHWARAN
ADVOCATE FOR THE APPELLANTS
NO.368, NEW ADDITIONAL LAW CHAMBERS
HIGH COURT
CHENNAI - 600104
E-Mail: yogi.mayfly@gmail.com

The Respondents are

1. The State of Tamil Nadu

Rep by its Chief Secretary
Fort St. George, Chennai

2. The State of Tamil Nadu,

Rep by its Principal Secretary,
Environment & Forests
Fort St.George
Chennai -09
3. The State of Tamil Nadu
Rep by its Secretary,
Public works Department
Fort St.George
Chennai -09

4. The State of Tamil Nadu

Rep by its Secretary,
Municipal Administration and Water Supply Department
Fort St.George
Chennai -09

5. The Corporation of Chennai

Rep by its Commissioner
Rippon Building, Chennai

6. The District Collector,

Collectoate, Chennai

7. Chennai Rivers Restoration Trust

6 / 103, Dr. D. G. S. DinakaranSalai,
Raja Annamalaipuram,
Chennai - 600 028.

8. The Union of India

Rep by its Secretary, Ministry of Environment and Forests,
Delhi

The address for service on the respondent is as stated above.

FACTS IN BRIEF

1. The Cooumriver originates from the surplus course of Cooum tank in

Tiruvallur District. It runs east for a distance of about65 KM and

confluences with Bay of Bengal below Napier Bridge, traversing a

distance of 16 KM within Chennai city limits.

2. The Cooum River Sub Basin is a narrow drainage basin of about

505.88 Sq.km situated between the Kosasthalaiyar sub basin in the

north side and Palar basin and Adyar basin in the south side. The

interlinking of Cooumriver with the adjoining river basins was made

during 19th century itself. Cooumriver is fed by Kosasthalaiyar river

surplus from KesavaramAnicut through old Bangaru channel and Palar

river surplus from Palaranicut through Govindavadi Channel,

Kambakkal Channel and the chain of surplus courses of groups of

tanks. Cooum River also supplies water to Chembarambakkamlake in

 the Adyar Sub basin from KoratturAnicut through New Bangaru

Channel.

3. The Cooum was earlier known as the Triplicaneriver. The name

of Cooum appears to be derived from Tamil literature. The name may

have been derived from the Tamil term coopam meaning 'well' or

'deep pit'. The word coovalan denotes a person who is well versed in

the science of ground water, well water and stagnant water.

4. Once this river was said to have its origin in Dharmapuri district, but

now due to some earth table changes, it has shortened its course to

Thiruvallurdistrict . Ancient documents from the nearby temples states

about one 'reaching salvation' on having a dip in the Cooum. The

Cooumriver was then clean and unpolluted. For centuries, Cooum has

been an integral part of the socio-economic and cultural life of the

city. Till the early twentieth century, it was a clean river, most

suitable for navigation. In ancient times, it played a pivotal part in the

far-flung maritime trade between the Roman empire, South

India and Sri Lanka. Cooum's proximity to the ancient port of

Manarpha or Mylapore added to the river's strategic importance.

Manarpha was frequented by Roman merchants who came here to

buy Indian textiles, gemstones and spices. In return, India procured

gold, silver, copper and high-quality wine from the Romans.

Archaeologists have discovered ancient wine jars, Roman and Chinese

coins on the banks of the river. In the late eighteenth century,

PachaiyappaMudaliar, the renowned philanthropist, bathed in this

river before offering prayers at the Komaleeswaranpet Temple in

Chintadripet.

5. Cooum is presently a river spoiled by filth and pollution, and the water

quality is considered to be highly toxic and completely non-potable.

 The 2004 tsunami cleaned the mouth of the river; however, the river

returned to its usual polluted self within a short period.

6. Cooum is connected to its adjoining basins through the Buckingham

Canal which was excavated for navigation purpose in 19th century

traversing parallel and close to the sea coast. This canal acts as a fine

water front along the coast for draining and cleaning the Chennai city

through its various connections to the sea at river mouths and creeks.

7. Cooum River supports a substantial irrigation and additional rain fed

agriculture in its upper part and also water supply to Chennai city and

its adjoining areas. Cooumriver also acts as the major flood carrier for

Chennai city with its arms viz., OtteriNallah in the north (10.8km) and

Virugambakkam to Arumbakkam drain in the south (6.4 km).

8. Before 1960s Cooum River was clean and used for numerous activities

like bathing, boating, fishing etc. however, today, the river is only a

large gutter carrying domestic and toxic wastes.

9. It is submitted that the conduct of the respondent authorities is

contrary to every environmental legislation and every principle of

environmental protection. However, over the years several projects

and plans to clean the coovum were launched by the state

government with funding from various sources totaling several

thousand crores with much fanfare. However, the maxim res

ipsaloquitor has never been more aptly applicable and the state of

the Coovum river and the other water bodies is a testament to the

action taken by the government to restore the river.

10. It is submitted that the Due to rapid growth of Chennai city and its

suburbs and also due to population growth the river is highly deteriorated in

every aspect. The Cooum River in its upstream rural areas from Cooum tank

to KoratturAnicut witnesses catchment degradation due to Loss of water

conservation on account poor maintenance of irrigation tanks and

their supply channels, Intensive and inefficient extraction of surface

 water for agriculture, Excessive ground water abstraction for

agriculture and rural water supply andExcessive use of chemical

fertilizers and pesticides for agriculture.

11. The middle reaches of Cooumriver from KoratturAnicut to Padikuppam

causeway just upstream of Koyambedu degraded due to Untreated

waste water and sewage inflow andUnauthorized and indiscriminate

dumping of solid waste and the unauthorized industries and

workshops being run along the river, dumping oil and other chemicals

into the river.

12. The tail end reaches of Cooum River from Padikuppam cause way to

river mouth and North arm within Chennai city limits degraded due to

Unauthorized settlements/slum along the river banks and its flood

plains, In flow of untreated waste water, sewage inflow, municipal and

industrial sullage and Unauthorized and indiscriminate dumping of

solid waste . The unabated encroachment into the river bed by real

estate developers is another reasons and the slums are not the only

cause of concern.

13. The mouth of the river is subject to blockage by sand bars resulting

from littoral drift creating lack of tidal exchange in to the river.

14. It is submitted that the above information itself was largely accessed

from the website of the 7th respondent, who it appears has been

tasked with yet another restoration project with several crores being

allocated for the process. However, no steps have been taken till date

and it appears that the problem is getting worse with every passing

day.

15. It is submitted that the respondents are oblivious to the fact that the

polluted river is a grave health and hygiene concern. The Coovumriver

, the Adyar river and the canal are a thriving source for mosquito and

other water borne pathogens to breed. The fact that several thousand
 people live in slums on this cesspool has also not prompted the

authorities to take any action.

16. It is submitted that the water in the coovum is toxic and can breed no

life form. We are the only reason for a source of sweet water for

irrigation turning into a toxic cesspool and the respondent authorities

have only added to the problems by their short sighted and ill advised

plans.

17. It is submitted that the respondents have turned a blind eye to the

encroachments into the river bed and also the illegal dumping of

industrial wastes into the river, especially in places like Otteri and

Pudupet.

18. It is submitted that official apathy has greatly punished the river and

the environment. It is submitted that before the talks of beautification

of the coovum with cycle tracks is taken up, the river needs to be

restored.

19. It is submitted that the upstream area of the coovum and the source

area including Kosasthalaiiyaru have been severely plundered by the

sand mafia and continues to be plundered. This affects the flow of

water in the coovum and as a result, the volume of fresh water inflow

into the river has steadily been decreasing while the inflow of sewage

and other waste has increased exponentially, thanks to the

respondent authorities who have official inlet points numbering

several hundred letting in untreated sewage into the coovum river and

illegal tenements and industrial establishments.

20. It is submitted that despite several thousand crores being allegedly

spent by various regimes in the state, the river remains the worst

affected and we owe a duty to the environment and the respondent

authorities have miserably failed in the performance of their duties.

21. It is submitted that the detrimental effects of letting in this toxic

sludge into the sea is another problem which needs no elaboration.

The respondents are in violation of all environmental laws and norms

in so far as the manner in which the Coovum, Adyar rivers and the

canal are maintained.

GROUNDS

A. The respondent authorities have a duty under law to restore the

Coovum, Adyarrivers and the Buckingham Canal to its natural

state and maintain the river free from contamination.

B. The failure of the respondents to perform their duties has

resulted in the present situation and in violation of all

environmental laws.

C. The respondents ought to have seen that dumping sewage into

the Coovum, Adyarrivers and the Buckingham canal is against

environmental laws.

D. The respondents ought to have prevented the dumping of waste

into the river.

E. The respondents ought to have taken steps to prevent the

Coovum, Adyarrivers and the Buckingham canal from becoming

stinking cesspools.

F. The respondents ought to have removed encroachments in the

Coovum, Adyar rivers and the Buckingham canal.

G. The respondents ought to have prevented industrial waste from

being dumped into the river.

H. The respondents ought to have maintained the upstream area of

the Coovumriver in a proper state to ensure flow of freshwater.

I. The failure of the respondents is violative of Article 21, 51, 14

and all environmental laws and is a health issue for millions of

people.

LIMITATION:
The Applicant declares that as per the National Green Tribunal Act

2010 this application is well within the prescribed time.

INTERIM RELIEF:

Pending disposal of the application, the applicants pray that this

Hon’ble Tribunal be pleased to DIRECT THE RESPONDENTS TO

FORTHWITH

A. furnish details of all plans, proposals and projects launched to

restore and clean up the Coovum, Adyar rivers and the

Buckingham canal and the action taken under these plans.

B. Refrain from dumping or permitting the dumping of untreated

sewage into the Coovum, Adyarrivers and the Buckingham canal.

C. Furnish a list of sewage inlets into the Coovum, Adyar rivers

and the Buckingham canal maintained and used by the

government departments and corporation.

D. Conduct a survey of the entire length of the Coovum, Adyar

rivers, the Buckingham canal and submit a report to this Hon’ble

Tribunal on the encroachments into the river bed or river

poromboke.

E. Conduct a survey of the number of commercial establishments/

industrial establishments/ workshops etc along the Coovum,

Adyarrivers and the Buckingham canal and submit a report to

this Hon’ble Tribunal.

F. Ensure and prevent the dumping of any waste by such

establishments into the river coovum.

G. Submit a detailed plan for the collection of sewage in areas along

the Coovum, Adyar rivers and the Buckingham canal so as to

prevent the illegal dumping of sewage and effluent to the water

bodies.
 H. Remove all plastic and other solid waste in the Coovum,

Adyarrivers and the Buckingham canal and prevent the dumping

of the same.

I. Maintain the sand bar at the mouth of the river free from

obstruction.

J. Take immediate action to strengthen the banks of the Coovum,

Adyar rivers and the Buckingham canal.

K. And such further order or orders as may be fit proper and

necessary in the facts and circumstances of the case.

PRAYER

For the reasons stated above, it is humbly prayed that this Hon’ble Tribunal

may be pleased to:

A. Direct the respondent authorities to maintain the Coovum,

Adyarrivers and the Buckingham canal free from any

contamination or pollution.

B. Direct the respondent authorities to maintain the Coovum,

Adyarrivers and the Buckingham canal free from any

encroachments.

C. Direct the respondent authorities take all steps to ensure that

the upstream course of the Coovumriver is restored and the flow

of freshwater is maintained.

D. Direct the respondent authorities to stop stand mining in

Kosasthalaiyaru, Coovum Tank in Thiruvallur district and along

the Coovumriver’s course to protect the integrity of the river.

E. issue an order in the nature of a continuing mandamus ,

Constitute a high level committee to monitor the Coovum, Ayar

rivers and the Buckingham canal and submit periodical reports to

this Hon’ble Tribunal.

 F. And pass such further order or orders as may be fit proper

and necessary in the facts and circumstances of the case and

thus render justice.

Signature of Applicants

SIGNATURE OF THE APPLICANT’S COUNSEL

VERIFICATION

I, Edwin Wilson , the applicant herein, do hereby verify that the

contents of the above paragraphs are true to the best of my

Knowledge and grounds are based on legal advice and that I have not

suppressed any material fact.

Date : 05/06/2014
Place : Chennai APPLICANT
 BEFORE THE NATIONAL GREEN TRIBUNAL (SZ) CHENNAI

MEMORANDUM OF APPLICATION

(Under Section 18(1) read with Sections 14, 15 of National Green Tribunal Act 2010)

Application No………of 2014

Between:
P. Edwin Wilson
S/o Wilson
No. 28, Parthasarathy Street
Purasaiwalkam
Chennai
AND
1. The State of Tamil Nadu,
Rep by its Principal Secretary,
Environment & Forests
Fort St.George
Chennai -09& Another

VAKALT
I, Edwin Wilson , applicant herein, do appoint and retain

M/s YOGESHWARAN

Advocates to appear me in the above Application and to conduct and prosecute (or defend) the
same and all proceedings that may be taken in respect of any application connected with the
same or any decree or order passed therein including all applications for return of documents or
the receipt to any moneys that may be payable to me in the said Appeal/ Application and also in
appeal under to the Supreme Court of India and in all applications for review Judgement.

I Certify that the contents of this vakalat at

were read our and explained
in my presence to the Executant who appeared
perfectly to understand the same and made his X
/ her their signature in my presence

Executed before me this 05 day of June 2014

ACCEPTED: Counsel for Applicant

The address for service of the said Counsel: No.368, New Addl. Law Chambers, High
Court, Chennai - 104
 MEMORANDUM OF APPLICATION

(Under Section 18(1) read with Sections 14, 15 of National Green Tribunal
Act 2010)

Application No………of 2014 (SZ)

Between:
P. Edwin Wilson
S/o Wilson
No. 28, Parthasarathy Street
Purasaiwalkam
Chennai …. Applicant

AND
1. The State of Tamil Nadu,
Rep by its Principal Secretary,
Environment & Forests
Fort St.George
Chennai -09 & Another …. Respondents

Volume – I

PAPERBOOK I

S.L DESCRIPTION P.NO

1 Memorandum of Application 1

2 Vakalat 12

YOGESHWARAN
COUNSEL FOR APPLCIANT
368, NEW ADDITIONAL LAW
CHAMBERS
HIGH COURT BUILDINGS
MADRAS- 104