Final Report Environmental Assessment of Second Madras Water Supply Project A;New Volume II Sponsor: October 1994 Environmental Assessment of Second Madras Water Supply Project - New Veeranam Volume II Sponsor Tamil Nadu Water Supply and Drainage (TWAD) Board National Environmental Engineering Research Institute Nehru Marg, Nagpur - 440 020 October 1994 CONTENTS VOLDHJE I CHAPTER TITLE PAGE List of Figures (i) List of Tables (ii) List of Acronyms Used (ix) 1. Introduction 1-1 1.1 Preamble 1-1 1.2 Objective of the Study 1-2 1.3 Scope of Work 1-3 1.4 The Study Area 1-3 1.5 Methodology 1-4 1.6 Organisation of the Report 1-5 2. Policy, Legal and Administrative Framework 2-1 for Environmental Assessnent 2.1 General 2-1 2.2 World Bank Guidelines 2-2 2.3 National Policy Guidelines 2-3 2.4 Tamil Nadu State Environmental Committee 2-6 2.5 Madras Metropolitan Groundwater Act 2-6 2.6 Statutory EA Requirements 2-6 3. Description of the Proposed Project 3-1 3.1 Background 3-1 3.2 The Second Water Supply Project 3-2 - New Veeranam CHAPTER TITLE PAGE 3.2.1 Components of New Veeranam 3-3 Project 3.3 Alternatives Evaluated 3-11 3.4 Project Cost 3-16 3.5 Project Imple.ientation 3-16 3.6 Useful Life of the Project 3-17 3.7 Organisational Aspects 3-18 4. Description of the Environment 4-1 4.1 Preamble 4-1 4.2 Study Area 4-1 4.2.1 Madras City 4-1 4.2.2 Veeranam Lake and its Ayacut 4-2 4.2.3 Pipeline ROW 4-4 4.3 Physical Environment 4-4 4.3.1 Geology 4-4 4.3.2 Topography 4-5 4.3.3 Soils 4-6 4.3.4 Climate and Meteorology 4-6 4.3.5 Air Quality 4-7 4.3.6 Noise Levels 4-8 4.3.7 Surface Water Hydrology 4-10 4.3.8 Groundwater Hydrology 4-13 4.3.9 Water Quality 4-14 4.4 Biological Environment 4-19 4.4.1 Terrestrial Ecology 4-19 4.4.2 Aquatic Ecology 4-25 CHAPTER TITLE PAGE 4.4.3 Sensitive Areas 4-33 4.5 Socio Cultural Environment 4-36 4.5.1 Population 4-36 4.5.2 Land Use 4-38 4.5.3 Domestic Water Supply 4-38 4.5.4 Distribution System 4-40 4.5.5 Industrial Water Use 4-40 4.5.6 Water Quality 4-42 4.5.7 Wastewater Management 4-42 4.5.8 Planned Ongoing Development 4-47 Activities 4.5.9 Employment 4-50 4.5.10 Education 4-51 4.5.11 Housing 4-51 4.5.12 Income Distribution in MMA 4-51 4.5.13 Water Based Recreation 4-52 4.5.14 Public Health 4-52 4.5.15 Accidents and Occupational Safety 4-53 4.5.16 Cultural Properties 4-54 4.5.17 Tribal People 4-54 4.5.18 Customs, Aspirations and Attitudes 4-55 5. Identification of Ibipacts 5-1 5.1 General 5-1 5.2 Impact Networks 5-2 5.3 Major Potential Environmental Impacts 5-8 CHAPTER TITLE PAGE 5.4 Significant Impacts 5-9 5.4.1 Socio-economic Impacts 5-9 5.4.2 Socio-economic Impacts in the 5-13 Veeranam Irrigation Command Area 5.4.3 Potential Risks from Failure of 5-13 Bund and Transmission Main 5.4.4 Potential Impacts of Alternative 5-15 Pipeline Alignments between Kelambakkam and Madras 5.5 Potential Impacts of Alternative Sites for 5-17 Water Treatment Plant 5.6 Other Impacts 5-19 5.7 Issues Identified through Public Meetings 5-22 6. Prediction of Impacts 6-1 6.1 General 6-1 6.2 Air Environment 6-2 6.3 Noise Environment 6-3 6.3.1 Impact on Community 6-4 6.3.2 Impact on Occupational Health 6-5 6.4 Ecology 6-5 6.4.1 Terrestrial 6-5 6.4.2 Aquatic 6-6 6.5 Water Environment 6-7 6.6 Land Environment 6-10 6.7 Socio-Economic Environment 6-11 CHAPTER TITLE PAGE 7. Evaluation of Impacts 7-1 7.1 Battelle Environmental Evaluation System 7-1 7.1.1 Ecology 7-3 7.1.2 Environmental Pollution 7-15 7.1.3 Aesthetics 7-15 7.1.4 Human Interest 7-16 7.2 Overall Impact Evaluation 7-16 7.3 Environmental Impact Statement 7-17 7.3.1 Ecology 7-17 7.3.2 Environmental Pollution 7-19 7.3.3 Aesthetics 7-20 7.3.4 Human Interest 7-20 8. Environmental Management Plan 8-1 8.1 Preamble 8-1 8.2 Pre-construction Phase 8-1 8.3 Construction Phase 8-2 8.3.1 Protection of vegetation 8-2 8.3.2 Veeranam Catchment Area Treatment 8-3 8.3.3 Runoff and Erosion Control along 8-5 Pipeline ROW 8.3.4 Dust Control 8-5 8.3.5 Air Quality Control 8-6 8.3.6 Noise Abatement Measures 8-6 8.3.7 Visual/ Aesthetics Enhancement 8-7 8.3.8 Traffic Control and Detours 8-7 CHAPTER TITLE PAGE 8.3.9 Disposal of Construction Wastes 8-9 8.3.10 Paving Repair 8-9 8.3.11 Historical and Archaeological 8-9 Protection 8.3.12 Eliminating Safety Hazards 8-9 8.3.13 Completing the Construction Project 8-10 8.4 Operational Phase 8-10 8.4.1 Source Protection 8-10 8.4.2 Land Environment 8-11 8.4.3 Water Treatment 8-12 8.4.4 Water Quality Surveillance 8-13 8.4.5 Leak Detection and Control in 8-14 Water Distribution System 8.5 Environmental Monitoring 8-15 8.6 Training 8-15 8.7 Institutional Strengthening 8-16 LIST OF FIGURES FIGURE TITLE PAGE 3.1 Index Map Showing Vadavar Channel and 3-5 Veeranam Lake 3.2 Schematic Diagram of Veeranam Lake 3-6 Conveyance System 3.3 Map Showing Veeranam Transmission 3-13 Pipeline Alignment Alternatives 3.4 Map Showing The Selected Alignment of 3-14 Veeranam Transmission Pipeline 4.1 Wind Rose for Madras in February, 1994 4-9 4.2 Location of Sampling Stations for Water 4-18 Quality Assessment 4.3 Forest Cover in Chengleput District 4-21 4.4 Forest Cover in Soutn Arcot District 4-22 4.5 Water Distribution Zones of Various 4-41 Headworks in MMA 4.6 Layout Plan Depicting Components of 4-48 Krishna Project for Madras Water Supply 5.1 Environmental Impact Network 5-3 5.2 Environmental Impact Network : 5-4 Desilting and Raising of Lake Bund 5.3 Environmental Impact Network : 5-5 Canals and Lake 5.4 Environmental Impact Network : 5-6 Operation of Pumping/ Booster Stations and Conveying Main 5.5 Environmental Impact Network 5-7 Water Treatment and Clear Water Storage 7.1 Assigned Weights for Environmental 7-3 Parameters (i) LIST OF TABLES TABLE TITLE PAGE 2.1 Projects Requiring Environmental 2-4 Clearance as per Schedule-I 3.1 Salient Features of the Veeranam Lake 3-4 3.2 Salient Parameters of Shortlisted 3-15 Alternatives 4.1 (a) Physico-Chemical Characteristics of 4-16 Veeranam Lake Water (b) Heavy Metal Concentration in Veeranam 4-17 Lake Water (c) Pesticide Concentration in Veeranam 4-17 Lake Water 4.2 Projected Population by MMDA 4-37 4.3 Statistics on Water Service Type 4-39 Domestic Water Use (Madras City) 4.4 Water Quality in Distribution System 4-43 4.5 Existing Wastewater Treatment Plants at 4-46 Madras 6.1 Nature of Predicted Impacts on 6-12 Socio-economic Environment 7.1 Environmental Quality : Ecology 7-4 7.2 Environmental Quality : Environmental 7-5 Pollution 7.3 Environmental Quality : Aesthetics 7-6 7.4 Environmental Quality : Human Interest 7-7 7.5 Environmental Evaluation : Ecology 7-8 7.6 Environmental Evaluation : Environmental 7-10 Pollution (ii) TABLE TITLE PAGE 7.7 Environmental Evaluation : Aesthetics 7-12 7.8 Environmental Evaluation : Human Interest 7-14 7.9 Summary of Environmental Evaluation for 7-18 Second Madras Water Supply Project- New Veeranam 8.1 Recommended Trees for Plantation around 8-4 Veeranam Lake and Pipeline ROW 8.2 Environmental Mitigation and Monitoring 8-17 Measures ( iii) CONTENTS VOWIIE II NO. TITLE PAGE Annexures 1.1 Environmental Assessment of Second Madras 1 Water Supply Project, New Veeranam- Terms of Reference 2.1 Acquisition of Land 24 4.1 Development Strategy for Madras 2011 : An 109 Agenda for Action - Actions and Implementing Agencies 4.2 Socio-Economic Survey (Personal Interview) 112 5.1 Status of Water Supply for Enroute Population 120 along ROW - New Veeranam 8.1 Safety Measures and Services for Construction 127 Activities 8.2 Chlorine Safety Measures 135 8.3 Guidelines for Maintenance Activities of 139 Water Treatment Plant 8.4 Frequency of Sampling for Bacteriological 144 Analysis in Water Distribution System Sources of Information 145 Tables A.4.1 Normal Crop Yields in Ayacut Area of 33 Veeranam Lake A.4.2 Crops in the Catchment Area of Veeranam Lake 34 A.4.3 Types and Quantities of Agro Chemicals 35 Used in the Water Sheds Feeding Veeranam Lake (iv) NO. TITLL PAGE A.4.4 Stratigraphical Succession of Madras and 36 its Environs A.4.5 Characteristics of Soil Types on Areas 37 in the Immediate Vicinity of Veeranam Lake A.4.6 Major Soil Types and Groundwater Levels 39 on Areas Along the Alignment of Pipeline A.4.7 Characteristics of Soil Types 42 on Areas Along the Pipeline A.4.8 Air Quality Along the Proposed Pipeline 44 Alignment A.4.9 Background Noise Level at Human Settlements 45 Surrounding the Proposed Pipeline from Madras to Veeranam Lake A.4.10 Noise Levels at Sensitive Receptors 47 in Study Area A.4.11 Noise Levels at Different Industries 48 in the Study Area A.4.12 Day and Night Noise Levels in the Study Area 49 A.4.13 Noise Level due to Vehicular Traffic in 51 the Study Area During Peak Hours A.4.14 Noise Standards (Central Pollution 53 Control Board) A.4.15 Annual Inflow-Outflow for Poondi, 54 Cholavaram, Redhills and Chembarambakkam Reservoirs A.4.16 Salient Data of Existing Surface Reservoirs 55 A.4.17 Water Resources Potential and Supply 56 for Madras City A.4.18 Physico-chemical Characteristics of 57 Raw Water at Kilpauk Works (1991-1993) A.4.19 Groundwater Quality in the Minjur, Panjetti 58 and Tamarapakkam Areas (v) NO. TITLE PAGE A.4.20 Physico-chemical Characteristics of Borewell 60 Waters Along the Pipeline Corridor in South Arcot District A.4.21 Water Quality Data of Veeranam Lake 61 A.4.22 Physico-chemical Quality of Veeranam Lake 62 Water (Based on 1968 and 1978 Data) A.4.23 Pesticides Concentration in Veeranam Lake Water 63 A.4.24 List of Trees, Herbs and Shrubs in 64 the Study Area A.4.25 List of Birds Observed in the Study Area 66 A.4.26 List of Exotic Species in Arignar Anna 69 Zoological Park, Vandalur A.4.27 Status of Collection of Animals (Mammals, 70 Birds, Reptiles) as on 31.3.1994 Arignar Anna Zoological Park A.4.28 List of Endangered Species in the Arignar 75 Anna Zoological Park Vandalur A.4.29 Phytoplankton Population in Veeranam Lake 76 (September, 1993) A.4.30 Phytoplankton Population in Veeranam Lake 77 (March, 1994) A.4.31 Chlorophyll-a Content in the Water Samples 78 from Veeranam Lake and Vadavar Channel A.4.32 Observations on Phytoplankton Community 79 of Veeranam Lake A.4.33 Zooplankton Population in Veeranam Lake 80 (September, 1993) A.4.34 Zooplankton Population in Veeranam Lake 81 (March, 1994) A.4.35 Diversity, Density and Dominance of 82 Zooplankton in Veeranam Lake A.4.36 Tilapia Culture Ponds in Madras 83 (vi) NO. TITLE PAGE A.4.37 List of Marine Fishes around Madras 84 A.4.38 Historical Growth of Population of 85 Madras City/ MMA A.4.39 Population Break-up in MMA- 1981 86 A.4.40 1991 Census Statistics- Tamil Nadu and 87 Project Area A.4.41 Distribution of Population (1991)- Urban 88 and Rural- Tamil Nadu and Project Area A.4.42 Water Supplied to Industrial Sector 89 A.4.43 Water Demand of Major Industries 90 A.4.44 Physico-chemical Characteristics of 91 Treated Water at Kilpauk Water Works (1991 - 1993) A.4.45 Work Participation Rate (1991) by Sector- 92 Tamil Nadu and Project Area A.4.46 Employment Share in the Organised Sector 93 in Madras (1989) A.4.47 Organised Sector Employment in Madras city 94 A.4.48 Estimation of Unorganised Sector in Madras 95 A.4.49 Literacy Level (1991 Census)- Tamil Nadu 96 and Project Area A.4.50 Households by Durability of Shelter 97 A.4.51 Trends in Housing Stock (Residential Houses) 98 in Madras Metropolitan Area and Tamil Nadu A.4.52 Annual Requirement of Ownership and 99 Rental Accommodation- Madras A.4.53 Average Annual Housing Supplies in MUA 100 A.4.54 Structural Composition of Earners (1990) 101 A.4.55 Households by Monthly Income in 102 Madras City, Madras Metropolitan Area and Madras Urban Agglomeration (vii) NO. TITLE PAGE A.4.56 Registered Vital Rates in the Project Area 103 and Tamil Nadu (1986-1991) A.4.57 Acute Diarrhoeal and Cholera Diseases 104 Cases and Deaths in the Project Area and Tamil Nadu (1986-1993) A.4.58 Incidence of Malaria in the Project Area 105 and Tamil Nadu (1986-1993) A.4.59 Incidence of Japanese Encephalitis in the 106 Project Area and Tamil Nadu A.4.60 Filaria Cases in the Project Area and 107 Tamil Nadu (1990-92) A.4.61 List of Persons Involved in Accidents, 108 Injuries and Fatalities in the Operation of Metrowater for the Past Five Years A.5.1 Agricultural Crop loss due to Acquisition of 115 land in catch.rment area for Source Improvement Works A.5.2 List of Structures along the Pipeline ROW 116 from Veeranam to Porur A.6.1 Air Quality Criteria (CPCB) Standards 123 A.6.2 Sources of Noise 124 A.6.3 Expected Noise Sources and Noise Levels 125 at Construction Sites A.6.4 Classification of Inland Surface Water 126 (CPCB Standards) (viii) ANNEXURES Annexure 1.1 MADRAS METROPOLITAN WATER SUPPLY & SEWERAGE BOARD PROPOSED SECOND MADRAS WATER SUPPLY PROJECT - NEW VEERANAM Environmental Assessment - Terms of Reference (October 13, 1993) Introduction IMPORTANT NOTE An important source of information for this EA is the "Environmental Assessment of the Second Madras Water Supply and Environmental Sanitation Project" prepared by the National Environmental Engineering Research Institute (NEERI), dated May 1991, under the direction of METROWATER. In preparation of the EA to which the following TOR refer, the Consultant is expected to draw heavily on data contained in the 1991 EA report, updating and verifying the information as necessary. 1. The purpose of the environmental assessment (EA) process is to ensure that development options under consideration are environmentally sound and sustainable and that any environmental consequences are recognized early and taken into account in project design. These Terms of Reference (TOR) are for EA of the proposed Second Madras Water Supply Project which is being prepared by the Madras Metropolitan Water Supply and Sewerage Board (METROWATER) for appraisal by the World Bank in mid-1994. 2. The EA, which will be conducted in parallel with the project Feasibility Study, is required to be completed prior to appraisal of the project for World Bank Group financial assistance. The content of the EA reflects much of the data that will be assembled for the Feasibility Report and data that are contained in the Water Supply Master Plan Report which has recently been completed. It is important that in conducting the EA, the Consultant coordinates activities with the Feasibility Study Consultant and is conversant with applicable aspects of the Water Supply Master Plan Report. Background Information 3. Availability of Water - Madras, the capital of the State of Tamil Nadu, is the largest city in south India with 3.3 million people in the city and 4.5 million in the metropolitan area (1981 census). The rapid growth of the population and of industry and commerce in the metropolitan area has placed a severe strain on the meager water resources of Tamil Nadu State. As a result, the city has suffered chronic water shortages for several decades, despite substantial efforts on the part of the State and Central Governments to alleviate the situation. It is reported that in years of normal rainfall, available sources produce about 70 liters/capita/day (lcd) (about one-third the amount of Delhi or Calcutta). In years of poor monsoon rains, as at present, production falls to about 45 lcd which is supplied for one to three hours on alternate days. This low level of supply for domestic use is sometimes only maintained by diversion of industrial water supply from the city's major industries, *requiring them to curtail, or even cease, their operations. 4. The water supply for Madras is now obtained from a large number of surface water and groundwater sources (about 13 depending on how they are categorized into groups); these systems are detailed in the recently completed Water Supply Master Plan Report. In addition, the Telugu-Ganga Project, which is now under construction, will supply 400 mld of Krishna River water for Madras in its first stage (ultimately 930 mld). However, by the year 2000 the projected water demand from the metropolitan area will equal the yield of all of these existing and potential water supply sources. 5. Extensive hydrological and hydrogeological studies of the area which were conducted by a United Nations Project identified new groundwater sources, groundwater aquifer recharge measures, and well field protection measures. The First Madras Water Supply and Sanitation Project, which began in 1986/87 and extends to 1993/94, included financing for these recommendations, in addition to other components. 6. A Master Plan for Madras water supply was completed by Engineering Science, Inc., USA, in 1978. A revision of this 2 Water Supply Master plan was recently completed for METROWATER by Tata Consulting Engineers. A study of unaccounted for water (including leakage) was also conducted by Tata Consulting Engineers with assistance from the Thames Water International (a repair program to reduce the high level of leakage aims to cover 10 % of the 150,000 existing connections in Madras). 7. Proposed Water Source - Under the project it is proposed to exploit part of the yield of an existing agricultural water source, the Veeranam tank, to serve the Madras metropolitan area. Additional details relating to these sources of water and preliminary designs of the facilities to be developed will be available as the Feasibility Study progresses. 8. The Veeranam tank, reportedly dating from the eleventh century, is a shallow lake formed by an earth embankment and would act as a storage reservoir for water allocated for use in Madras and received from the Cauvery River. The Cauvery River is supplied primarily by water released from the Mettur Reservoir. During the irrigation season (July to January) water released from the reservoir to the Cauvery river is then diverted to Coleroon River and finally reaches the Veeranam tank through the Vadavar channel, supplementing the tank's own catchment area of 165 sq. miles. 9. It has been estimated (see the Project Report dated June 1993, prepared by the Tamilnadu Water Supply and Drainage Board (TWAD)) that during the irrigation season (when water is being diverted from Mettur Reservoir) Veeranam tank would yield 180 mld for Madras, as required under this project. However, during the non irrigation period (February to June) the supply to Madras would have to be drawn from storage at Veeranam tank. This would require that the capacity of the tank be increased, unless some other operating procedure for the system could be devised and agreed to. 10. The storage capacity of the Veeranam tank has substantially declined over several decades due to siltation. The Public Works Department has proposals to restore the tank to its original capacity by raising the embankment by two feet and removing some of the silt. Associated canals would also be desilted under this proposal. 3 11. The proposed project would be similar in outline, but with different technology and some design changes (identified by the feasibility study) to a previous "'Veeranam Project" which was to be developed in the 1970s and was subsequently abandoned. Under the previous project, water (180 mld) was to be conveyed from the Veeranam tank to Madras, a distance of about 220 km. Under that project it was proposed to pump water from Veeranam tank to a water treatment facility at Vadakuthu, located at about 20 km from Veeranam. After treatment at Vadakuthu, the clear water was to be pumped to a (then) existing facility located in the southern area of Madras, where it would be pumped to a series of distribution reservoirs. A raw water pumping station at Veeranam tank, a treatment facility at Vadakuthu and a treated water pumping station at Vadakuthu (each of capacity 180 mld) were constructed. These facilities remain unused although in a deteriorated condition. Many prestressed concrete pipes, from which the transmission main was to be constructed, were manufactured and remain near the pipeline-right-of-way (or easement), although they can no longer be used for construction of a pressurized transmission main. 12. Sewerage - The Madras sewerage system presently serves only the area within the pre-1978 city limits. It is affected by frequent blockages caused by solid waste, grit, and insufficient water. These problems are exacerbated by the complexity of the system (there are more than 60 pumping stations) and by inadequate routine and preventive maintenance. The operation of the sewage treatment plants has deteriorated badly for similar reasons. Reportedly, waterways receiving the partially treated, and untreated, effluents are at times anaerobic. 13. The status of the existing sewerage system has been evaluated by Severn Trent Water International with funding from the British ODA. The scope of this work dealt with operation, maintenance and rehabilitation of existing sewers, sewerage pumping stations, and sewage treatment plants. The same group also evaluated the environmental improvement of urban waterways and the institutional needs of METROWATER and the Tamil Nadu Pollution Control Board. Parts of the proposed urgent need program from these activities is being implemented under an ongoing Madras Water Supply Project. 4 14. Major waterways in the city are the Cooum and the Adyar Rivers which discharge to the Bay and the Buckingham Canal which parallels the shore and crosses the two rivers. Madras sewage treatment plants discharge upstream of the city to the Cooum and the Adyar, and industrial effluents discharged to the Buckingham Canal reach the lower Cooum. Low flows, high pollutant loads, and sand bars at the river mouths contribute to deterioration of the waterways in the city. It is reported that sewage treatment is inadequate, some areas are without sewers, and sewers and storm water drains are interconnected in some areas. In addition, industrial effluents, cattle dung, and solid wastes are major sources of waterway pollution. A project to alleviate these conditions is at present being implemented by METROWATER. 15. The Proposed Project - The project is intended to develop, as an urgent and emergency measure, an additional source of potable water for Madras, Veeranam tank, to relieve the present severe water shortage. METROWATER, TWAD and Tamil Nadu Public Works Department (PWD) would implement, operate and maintain the various water supply components falling within their respective areas of responsibility, with assistance from consultants in conducting the feasibility study, preparing the final engineering design and supervising construction. 16. The water supply component of the project using the Veeranam source would include: increasing the storage capacity of the Veeranam tank by heightening the embankment(s), removing excess silt from the tank and improving associated conduits and channels; rehabilitating an existing surface water intake and pumping station (or constructing a new intake and pumping station) nominal capacity 180 mld; rehabilitating an existing water treatment facility and clear water pumping facility (or constructing new facilities) nominal capacity 180 mld; 5 * constructing a transmission main to convey water (180 mld) from Veeranam to distribution reservoir(s) in Madras metropolitan area; * constructing distribution storage reservoir(s) in Madras metropolitan area. Objectives 17. This EA will address the proposed works and activities in the Madras metropolitan area in addition to the area of the proposed source of supply (from Madras city, about 220 km to Veeranam tank) which form part of the proposed Second Madras Water Supply Project. The project is being planned to relieve the severe water shortage experienced by some six million residents of the metropolitan area, and therefore its net environmental impacts are expected to be very positive. Comparison of the expected condition of the environment of the study area with the project to the expected condition without the project would demonstrate the magnitude and type of the project impacts. 18. Early environmental review of the project, inter-agency review and comment, and involvement of local citizens and NGOs will identify environmental issues that the EA and project design should address. Such action could reduce delays and the possibility of additional costs during implementation caused by unanticipated environmental difficulties. These TOR identify specific issues for the EA, the significance of which may only be evident on completion of analysis. Additional issues are expected to be identified locally and will be considered in the EA to the extent feasible. 19. The timing of the EA in relation to the proposed project preparation for consideration of World Bank Group financing is critical. It is essential that the EA executive summary is made available to the World Bank by April 1994. Environmental Assessment Requirements 20. The conduct of the EA and the content of its report shall be governed by the following guidelines and regulations: 6 * World Bank Operational Directive 4.01: "Environmental Assessment", and pertinent Operational Directives, Operational Policy Notes, and Guidelines (cited in Annex A thereto); * Pertinent requirements of the Government of India under the Environmental (Protection) Act No. 29 of 1986 and any national regulations on environmental review and impact assessment; Pertinent requirements of the Government of Tamil Nadu under the Madras Metropolitan Area Groundwater (Regulation) Act No. 27 of 1987 and any state regulations on environmental review and impact assessment. Study Area 21. The study area shall encompass the following: areas presently irrigated from the Veeranam tank, the area within the Madras Metropolitan Authority boundary; area surrounding Veeranam tank; the routes of the water supply canals which transport water to the Veeranam tank (to the extent necessary in relation to the proposed dependence on, and rehabilitation of such canals); the routes of the water supply transmission main from the proposed source of supply (i.e., Veeranam tank) to proposed distribution storage reservoir sites in the Metropolitan area; the site of the existing water treatment facility at Vadakuthu and any other proposed water treatment plant site; the site(s) of proposed distribution reservoirs, or the site of any other component of the project identified by the feasibility study. Scope of Work The Environmental Assessment should make full use of existing studies, maps, statistics, and reports, undertaking original work only when existing studies are not available or are inadequate. The EA Report must compile and organize the existing information and any required new studies. The report should be concise and limited to significant environmental issues. The proposed project is designed to improve the environment of the Madras area, and the Consultant should compare the expected 7 improved conditions with the conditions which would prevail without the project. 22. A number of the topics from checklists of potential environmental issues have been included in these TOR which may be found to be insignificant as work on the assessment proceeds. In such cases, simple statements of findings may be made to indicate the potential issue has been considered and found to be unimportant in the project context. 23. The public and/or inter-agency meetings required under Task 9 below are expected to identify additional issues and to help in judging which issues are truly significant. 24. Task 1. Description of the Proposed Project. Provide a brief description of the project and its existing setting, using existing maps at appropriate scales. Include the following information: location of the project in relation to its physical and socio-political surroundings; for Veeranam tank, the general layout, the size and capacity of the tank, embankment (dam) and spillway capacities, projected life span of the embankments (dams) and reservoir; * list of other project components and subcomponents with size, capacities, etc.; * objectives of the project; * preconstruction activities; * land acquisition and resettlement * construction activities, schedule, staffing and support facilities and services * operation and maintenance activities, staffing and support facilities, and services 8 useful life span of the project components and of the project. 25. Task 2. Description of the Environment Assemble, evaluate and present baseline data on the environmental characteristics of the study area which are related to the project components. Include information on any changes anticipated before the project commences. (Note: much of the socio-economic data needed for the EA is contained in the Water Supply Master Plan Report, the 1991 EA Report or is available from METROWATER). (a) Physical environment: geology: briefly describe the regional geology as it relates to the construction of major pipelines, canals and reservoirs; address the seismic risk in the area; topography: describe the general topography of the region giving land and reservoir elevations at significant locations in the system including the water treatment facilities and distribution reservoirs; soils: summarize soil conditions along the raw water canal routes and along the routes of major pipelines in order to assess effects of soil stability and erosion during construction, alteration of drainage patterns and its impact on wetlands (if any) and vegetation; assess the impact of soil quality on the safety and life span of large diameter pipelines; climate and meteorology: summarize pertinent but general data in the Madras region in addition to specific data in relation to reservoir spillway design; surface water hydrology: from existing reports (see particularly reports of UN and METROWATER project for 9 both surface and groundwater hydrology), summarize water yields of the existing Madras water supply reservoirs and their watersheds, mean monthly evaporation rates at the reservoirs, and spillway design floods at Veeranam tank as applicable; review the availability and allocation of water from the river basin serving the Veeranam tank (coordinate with Feasibility Study Consultant); water quality: present existing data on raw water quality of surface sources in the area with particular focus on those being developed under the project, identify sources of pollution that may affect water quality and present seasonal variability of quality where existing data are available; (b) Biological environment: flora, fauna, and rare or endangered species: describe generally the natural flora and fauna of the project area and determine whether the habitat of any rare or endangered species has been identified in the project area; sensitive habitats: describe locations and characteristics of any parks, bird or game sanctuaries, forests or significant natural sites, which may be affected; describe existing wetlands; species of commercial importance: from the 1991 Environmental Assessment of the Second Madras Water Supply and Environmental Sanitation Project (the 1991 EA), review the importance of, and whether contamination of, fin fish and shell fish in the sea near Madras has been investigated, and report findings; pest species and disease vectors: from data contained in the 1991 EA (updated to the extent necessary) describe and quantify the occurrence of species of 10 mosquitoes, flies, rodents and other significant pests and vectors. (c) Socio-cultural environment: Note: this includes both present and projected to the census years 2001, 2011, and 2021; substantial information may be drawn from the 1991 EA, updated to the extent necessary, also from the recently completed Water Supply Master Plan Report. population: total population should be broken down by water supply service areas as served from various headworks within the city of Madras; communities outside Madras which may be served by bulk water supplies should also be separated individually; supply service areas should be indicated on a small scale map; land use: illustrate current land use areas by category -- agriculture forest, vacant land, public land and transportation, industrial, commercial, and residential -- indicate the type of water service to these areas and relate these areas to the population/water supply service areas (see previous sub-para.); in areas along canal, channel and major pipeline routes and at reservoir sites, indicate forest, rainfed and irrigated agricultural land, residential and other land uses on a map with an accompanying text; in connection with agricultural land use, estimate types and quantities of agrochemicals used in the watersheds that feed Veernam tank and specify the chemical analyses required to measure their presence in surface and groundwater supplies; assess the adequacy of existing data to evaluate the risk of water supply pollution by agrochemicals; domestic water use: for each water supply service area, report population served by house connections, by metered connections, by 24-hour or intermittent 11 service, by stand pipes, by public hand pumps, by private wells, by public tankers, and private tankers; report estimated per capita supply to each type of water service; industrial water use: for each water supply service area, assemble existing data and report estimated industrial water use, listing separately those industries which have significant water supply systems of their own; agricultural water use: identify and describe water used in the areas served by the Veeranam tank; water quality: assemble and comment on existing data on the quality of treated water at water treatment facilities and in the distribution system; assemble existing data on well water quality, (both bacteriological and chemical) pertaining to public and private wells serving the Madras area; planned development activities: list development activities in the Madras area which would have implications for water supply which are not part of the proposed project; include public housing, new or expanded industries, major transportation system extensions, government facilities and schools, major private housing, commercial developments and expanded irrigated agriculture; Note: for this information the Consultant may rely heavily on information provided by METROWATER, MMDA, the Municipal Corporation, the Pollution Control Board and other agencies of the Government of Tamil Nadu as appropriate, in addition to the 1991 EA Report and other documentation; employment: describe the industrial employment base of the Madras area identifying those employed in industries which are dependent on a reliable and adequate water supply; estimate the employment losses at established industries in recent years attributable 12 to an unsatisfactory water supply service; describe the employment base of those dependent on Veeranam tank; Note: for this information the Consultant may rely on sources listed in the previous sub. para. distribution of income, goods and services: relate the level of water service to income, within the study area; water based recreation: describe the use of the waters of Madras for recreational boating and fishing and any other recreational use; public health: for each water supply service area, assemble the following estimated data: the population with access to piped water supply, differentiating between, those with property connections, shared property connections, and using public taps; the population using private wells and other sources; also estimate the populations served by a water borne sewerage system, with private unsewered latrines, with public unsewered latrines, and those without access to sanitation; assemble and comment on historic health statistics on morbidity and mortality related to the water and sewerage services (by water supply service areas if possible); as far as possible, identify any other public health factors which relate to environmental aspects, including bathing and laundering clothes in the waterways; accidents and occupational safety: assemble information, primarily from METROWATER, but also TWAD and PWD on accidents and occupational safety; hazards to be assessed include construction related accidents involving workers and the public; handling of materials such as acids, caustic, chlorine, and toxic compounds in treatment plants and laboratories; falls in open tanks and other locations in plants; handling, heavy or otherwise dangerous material and equipment; 13 mechanical equipment operation; electrical systems and wiring; and vehicular accidents including those involving pedestrians; cultural properties: identify any temples, funeral grounds, and architecturally or historically significant buildings which may be affected by the project, and describe such effects; tribal peoples: determine whether tribal or other communities may be affected significantly by the construction of facilities proposed under the project; if such communities are identified, report on population and the socio-economic aspects of each group; customs, aspirations and attitudes: assemble information and comment on customs, aspirations, and attitudes of different socio-economic groups which are affected by the project; include consideration of acceptance and use of public water supply and sanitation facilities and their desire for such facilities including willingness to pay; ascertain as far as possible, the attitudes toward 24-hour supply, water meters, the taste of piped water, use of public latrines, and other relevant information: 26. Task 3. Legislative and Regulatory Considerations Describe the pertinent regulations and standards governing environmental quality: health and safety, protection of sensitive areas, protection of endangered species, land use control, etc., at international, national, regional and local levels including, but not limited to the following: World Bank. 1991. Operational Directive 4.01: Environmental Assessment, and pertinent Operational Directives, Operational Policy Notes, and Guidelines cited in Annex A thereto; World Bank 1990, Operation Directive 4.30, Involuntary Resettlement; requirements of the Government of India under the Environmental (Protection) Act No. 29 of 14 1986 and any national regulations environmental review and impact assessment; requirements of the Government of Tamil Nadu under the Madras Metropolitan Area Groundwater (Regulation) Act No. 27 of 1987 and any state regulations on environmental review and impact assessment; 27. Task 4. Determination of the Potential Impacts of the Proposed Project In this analysis, distinguish between significant positive and negative impacts, direct and indirect impacts, and immediate and long-term impacts. Identify impacts which are unavoidable or irreversible. Wherever possible, describe impacts quantitatively, in terms of environmental costs and benefits. Assign economic values when feasible. Characterize the extent and quality of available data, explaining significant information deficiencies and any uncertainities associated with prediction of impact. 28. The allocation of water from a source of water which has traditionally been used for agriculture may have adverse socio- economic impacts. It is also possible that NOT allocating the water to Madras may have greater socio-economic impacts; it has already been seen that limitations are being placed on industrial output by the recent water shortages in the metropolitan area. It is of great importance, therefore, that the socio-economic impacts of the proposed water allocations are carefully assessed, quantified and evaluated, based on the Source Yield Study Consultant's assessment of the impact on irrigation water availability. 29. The construction or improvement of raw water canals or channels and the construction of a major water transmission pipeline, pumping stations distribution reservoirs and facilities associated with the Veeranam tank may necessitate the voluntary or involuntary resettlement of local residents and businesses. These impacts must be assessed along with any impacts on sensitive natural habitats and cultural features. This construction may also impact natural habitats or cultural properties unfavorably. These impacts must also be identified and quantified. 15 30. The raw water canals or channels, and the long, large diameter water transmission pipeline may create seasonal wetlands due to seepage or by creating barriers to normal groundwater drainage. Such effects could be undesirable. Consider whether adequate analyses of such factors have been made. 31. The level of risk of structural failure of the embankments, dam and spillway at Veeranam tank should be assessed and the population at risk identified. The need for a mitigation plan should be determined. (The Consultant should obtain the results of stability analysis of the embankments, the design standard for spillway capacity and other necessary information from the Feasibility Study Consultant.) 32. In connection with the large diameter water transmission pipeline, report on the impact and level of risk that could result from flooding that could occur in the event of failure of the pipeline. Also assess the suitability of proposed measures to deal with the large quantities of water resulting from the need to drain the pipeline for repair or other reasons. 33. Assess the suitability and safety of materials used for water supply pipes and for joining the pipe sections. The plumbosolvency of surface and ground water supplies should be investigated if lead joints or plastic pipes manufactured with lead stabilizers are to be used. Complete avoidance of lead is desirable. 34. The proposed project is expected to provide a 24-hour pressurized supply in parts of the distribution system. Although this may not be feasible to the entire service area initially, it expected to be introduced gradually in conjunction with the ongoing rehabilitation and extension of the distribution system. The impacts of continuous and intermittent pressure systems on bacteriological safety and consequent behavior and expenditure should be compared. Relevant information is available in the Water Supply Master Plan Report and in the 1991 EA. 35. Under the project, additional water supplies will be made available to Madras city and to urbanized areas adjacent to the 16 city. Since some of these areas have no organized sewer systems, the EA should assess the adequacy of arrangements for draining and disposing of the effluent from the additional water supply. 36. Task 5. Analysis of Alternatives to the Proposed Project Briefly describe alternatives that were or are being examined in the course of developing the proposed project, particularly those considered in the Water Supply Master Plan, and those that are considered in the Feasibility Study. The concept of alternatives extends to siting, design, pipeline routing, technology selection, construction techniques and phasing, and operating and maintenance procedures. Of particular significance in these respects is the rehabilitation and use of the existing (disused) water treatment facility at Vadakuthu, compared with the alternative of partial use of this facility in conjunction with provision of an additional facility to be constructed under the project. Compare the alternatives in terms of potential environmental impacts; capital and operating costs (available from Feasibility Study Consultant); suitability under local conditions; and institutional, training and monitoring requirements. When describing the impacts, indicate which are irreversible or unavoidable and which can be mitigated. To the extent possible, quantify the costs and benefits of each alternative, incorporating the estimated costs of any associated mitigating measures. Include the alternative of not constructing the project, in order to demonstrate environmental conditions without it. 37. It is probable that in connection with the proposal to increase the capacity of the Veeranam tank and associated channels, silt removed from the tank and the waterways would be deposited on the adjacent banks. The environmental impact of this process and the evaluation of alternatives including no action, and disposal in landfills (with special attention to appropriate disposal if the silt contains any toxic materials) are required. 17 38. Task 6. Development of Management Plan to Mitigate Negative Impacts (See Operational Directive 4.01 Annex C for further guidance) Recommend feasible and cost-effective measures to prevent or reduce significant negative impacts to acceptable levels. Estimate the impacts and costs of those measures, and of the institutional and training requirements to implement them. Consider compensation to affected parties for impacts which cannot be mitigated, including those associated with the reallocation of water. Prepare a management plan including proposed work programs, budget estimates, schedules, staffing and training requirements, and other necessary support services to implement the mitigating measures. 39. Mitigation plans must be developed to minimize the negative impacts caused by construction which may require resettlement of population (see OD 4.30), or loss or disturbance of sensitive natural habitats and cultural properties. Any additional bridges over canals or channels or over large pipelines on the land surface that would be constructed for the proposed pipeline alignment should be considered here. 40. The new water supply may increase drainage problems due to leakage, improper waste water disposal and inadequate sewerage. Evaluate the adequacy of proposed leak detection and repair programs, the enforcement of sewer connection requirements, and other measures to correct such problems and propose a way correct any inadequacies. 41. The disposal of water treatment plant sludges from settling tanks and from filter backwash should be evaluated for impacts on receiving surface waters and on groundwater. If adverse impacts are found, describe how they can be mitigated. 42. Occupational safety concerns should be extended to workers for METROWATER, TWAD and PWD contractors as well as to employees of those agencies. Bidding documents should require contractors to meet specific safety regulations to protect their workers and the public during construction work. METROWATER, TWAD or PWD should supervise contractors to ensure that standards of safety 18 are being met. Make recommendations for safety standards for inclusion in construction contracts and guidelines for supervision of safety at construction sites. 43. Task 7. Identification of Institutional Needs to Implement Environmental Assessment Recommendations Review the authority and capability of institutions at local, state, and national levels (using existing studies as fully as possible) and recommend steps, if any, to strengthen or expand them so that the management and monitoring plans in the environmental assessment can be implemented. The recommendations may extend to new laws and regulations, new agencies or agency functions, intersectoral arrangements, management procedures and training, staffing, operation and maintenance training, budgeting, and financial support. 44. Evaluate the legislative and regulatory basis for improving occupational safety in construction, the building trades, and the operation and maintenance of public works including sewers and treatment plants. The objective would be to reduce the high level of hazard to workers, and to the public through an organized program of training, inspection, and reporting of hazards and accidents. 45. Task 8. Development of a Monitoring Plan Prepare a detailed plan to monitor the implementation of mitigating measures and the impacts of the project during construction and,operation. Include in the plan an estimate of capital and operating costs and a description of other inputs (such as training and institutional strengthening) needed to carry it out. 46. The monitoring plan should provide for periodic revision of the measures of the Baseline Condition developed in Task 2 to indicate progress in project implementation and changing environmental conditions. This will provide the basis for evaluation of project impacts. The plan should also recommend agencies to be assigned various monitoring responsibilities, such as compiling and issuing the monitoring reports during the course 19 of the project; monitoring water quality in the waterways; and providing laboratory services for water quality analyses which cannot be performed satisfactorily by METROWATER, TWAD and PWD laboratories. 47. Task 9. Assist in Inter-Agency Coordination and Public Participation TWAD, PWD and METROWATER shall coordinate the environmental assessment with other government agencies. The Consultant shall obtain the views of local NGO's and affected groups and shall keep records of meetings and other activities, communications, and comments and their disposition. 48. TWAD and METROWATER, assisted by the Consultant, shall organize a series of public meetings at which representatives of METROWATER, TWAD, PWD, and other involved agencies present the proposed project and its schedule, give the purpose and objectives of the EA, describe possible environmental impacts of the project and how the adverse impacts may be mitigated, take questions from the audience and have the participants respond. There should be one meeting early in the EA process to identify concerns of other agencies and affected groups; the outcome of this meeting should be addressed and included in the scope of the EA. A second meeting should be held when the draft EA is available to provide an opportunity for comments. 49. Multiple meetings may be necessary to reach any residents of outlying areas where the raw water conveyance and storage facilities are located, in addition to a meeting to cover the city of Madras, and meetings to cover any adjacent urban area that may be affected. Invitations to, and notices of, these meetings should be sent to local government agencies and officials, and local NGO's at least 10 days before each scheduled meeting. Accurate records of the meetings should be kept including lists of all of those invited and attending. Report 50. The environmental assessment report, which shall be prepared by the Consultant, should be concise and limited to significant 20 environmental issues. The main text should focus on findings, conclusions and recommended actions, supported by summaries of the data collected and citations for any references used in interpreting those data. The main text shall not exceed 100 pages. Detailed or uninterpreted data are not appropriate in the main text and should be presented in appendices or a separate volume. The environmental assessment report should be organized according to the outline below. The Executive Summary should not exceed 20 pages in length and the synopsis of Findings and Recommendations should be no more than 3 pages in length. Synopsis of Findings and Recommendations Executive Summary Policy, Legal and Administrative Framework Description of the Proposed Project Description of the Environment Significant Environmental Impacts Analysis of Alternatives Mitigation Management Plan Environmental Management and Training Monitoring Plan Inter-Agency and Local Government/NGO Involvement List of References Appendices: List of Environmental Assessment Preparers Records of Inter-Agency and Local Government/NGO Communications Data and Unpublished Reference Documents Consulting Team 51. Environmental assessments require interdisciplinary analysis. The assessment team should include specialists in the following disciplines: 21 environmental planning and management ecology/fish and wildlife (minimal input) engineering planning and design water chemistry public health sociology/socio-economics cultural resources (minimal input) institutional management (minimal input) occupational health and safety Other Information 52. Data sources, project background reports and studies, relevant publications, and other items to which the Consultant's attention is directed include the following: - The National Environmental Engineering Research Institute, under the direction of METROWATER, Environmental Assessment of the Second Madras Water Supply and Environmental Sanitation Project, May 1991; - METROWATER, "Krishna Water Supply Project, Madras Transmission and Distribution System, Project Report", October 1989 and subsequent revisions; - Tata Consulting Engineers with Thames Water International, Master Plan for Madras water supply and sewerage with unaccounted for water study (project for METROWATER) - Severn Trent International/ODA, project on environmental improvement of the waterways of greater Madras and associated reports including: operation and maintenance of Madras sewerage and sewage treatment systems; improving the waterways through dredging and flow augmentation; solid waste collection and disposal; institutional, organizational and training needs of METROWATER and the Pollution control Board; - Consulting Engineering Services, Inc. with Sulabh International, report on low cost sanitation alternatives for Madras 22 UN/METROWATER, hydrogeological and artificial recharge studies for Madras including the following reports: UNDTCD New York, "Technical Report on Madras Hydrogeological and Artificial Recharge Studies", 1987. various mission reports from 1987 to present by consultants on groundwater models, artificial recharge, water law and regulation, water resources systems, and water chemistry. proposal by METROWATER artificial recharge to protect Minjur wellfield from seawater intrusion. Engineering Science, Inc., U.S.A., master plan for Madras water supply and sewage, 1978. Schedule 53. A schedule for interim and final reports, and other significant events is given below. Progress reports, brief and concise in format, will be prepared at monthly intervals. Action Time 1. TOR for EA from World Bank to GTN; January, 1994 contract award for EA; Consultant mobilization 2. Submission of Inception Report Before January 15, 1994 3. Submission of Interim Report Before February 15, 1994 4. Submission of Draft Final Report for Before review by TWAD Board and MMWSS Board April 15, 1994 5. Submission of Final Report by concerned Before State and Central Government Agencies April 30, 1994 and IBRD 23 Annexure 2.1 ACQUISITION OF LAND The provisions of the Land Acquisition Act in so far as the same is relevant to the New Veeranam Project, if for the purposes of the project, private lands are to be acquired. The counterpart in India to the Law of "Eminent Domain" of America or the "Law of Compensation" of England is the Law of Land Acquisition. Like the Land Clauses Consolidation Act 1845 of England, the principal statute in India is the Land Acquisition Act, 1894 relating to compulsory acquisition of land and compensation payable therefor. It is a well recognised principle that the sovereign power of a State has adequate authority to command and appropriate for itself lands situated within its jurisdiction, provided it is for purposes of some public utility. The famous maxim 'Salus populist suprema lex, i.e. 'the welfare of the people is paramount law' is the corner stone of the law of land acquisition. It is a well accepted principle that public necessity is greater than private needs. This sovereign power of the State, which was originally vested in the ancient King, came to be delegated to public bodies and corporations. With the advance of civilization and with all complex organization of the machinery of state, with the growing importance of the progressive industrialization of the country, not to speak of the multiplicity of irrigation projects, town planning and improvement schemes and various other public utilitarian schemes, the subject of land acquisition has gained momentous importance. The modern tendency of the State to acquire lands may tend to become a menace to the owner of the property unless he is given a fair deal. No one should be deprived of his land except under law. That law must be quite 'intra vires' of the Constitution. This implies reasonableness of the law and existence of a public purpose. The well known maxim is 'audi 24 alteram portem' i.e. every subject is entitled to be heard before he is deprived of the right to the property, which implies 'Hear the other side'. The other principle is that it is improper for a State to appropriate or confiscate private property without paying due compensation therefor. To be just, the compensation must be adequate. It is something if there is given some compensation, though not adequate, on the plea of overriding public interests. But to pay no compensation, is deemed unjust. Hence, the law of compensation is intertwined with the law of acquisition. Land Acquisition Act of 1894 The statute consists of 55 sections divided into 8 parts, such as preliminary Acquisition (investigation & objection), reference to court and procedure thereon, apportionment of compensation, payment, temporary occupation of land, acquisition of land for companies, and miscellaneous. The procedure for the Govt. to follow when it deems necessary that any land is to be acquired for a public purpose, is this. Under Sec. 4, the appropriate Government causes the publication of a preliminary notification notifying the land required for a public purpose. This is followed by entry, survey, and investigation by authorised Officer of the land in question. The authorised Officer shall pay at the time of such entry for any damage done and if the amount paid is disputed by the party, he shall refer the dispute to the decision of the Collector or the Chief Revenue Officer of the district whose decision thereon shall be final. Objections to such acquisition may be made to the Collector by any person interested in the land, within 30 days of the 4 (1) notification. The Collector who shall hear the objections makes necessary enquiries and submits a report to the State Govt. whose decision thereon shall be final. Sec. 6 enjoins upon the Secretary to the Govt. or some officer duly authorised, to certify that the land is required for a public purpose. This declaration shall be published in the official gazette and this shall be conclusive evidence that the land is needed for a public purpose. After this declaration is made, under Sec. 7 of the Act, the appropriate Govt. or some other authorised officer shall direct the Collector to take order for acquisition of 25 the land. The Collector shall then, under Sec.8, cause the land to be marked out, measured and planned. Sec. 9 enjoins on the Collector to give notice to all persons interested, of Govts' intention to take possession of the land and that claims of compensation for all interests in such land may be made to him at the time and place specifically mentioned but not earlier than 15 days from the publication of the notice. Such notices are to be served on the interested persons and also cause to affixed as public notices at convenient places or near the land to be acquired. Sec 10 empowers the Collector to require and enforce any person the making of any statement as to his own or to any other persons *interest in the land'. Compliance of persons with this requirement is a legal necessity having regard to Sec. 175 and 176 of the Indian Penal Code. Sec. 11 enables the collector to make enquiries into measurements, value and claim of interested persons and issue the final award of the true area of the land, the compensation which in his opinion should be allowed for the land and the apportionment of such amount among interested persons. Sec. 12 makes the award as conclusive evidence as between the Collector and the persons interested, particularly in respect of the area, value of the land and apportionment of compensation among the interested persons. The award shall be filed in the Collector's office and notice of the same shall be given to the persons interested. In determining the amount of compensation, regard shall be had to the value of the land, as on the date of Sec. 4(1) notification and damage sustained by the interested person. After issuance of the award, the Collector can under Sec. 16, take possession of the land which thereupon shall vest absolutely in the Govt. free from all encumbrances. The Collector has special powers in cases of urgency under Sec. 17 to take possession of land where only notice under Sec. 9 had been issued but the award had not been yet given. In such cases also, title to the land shall vest in the Govt. free from all encumbrances. Notice of atleast 48 hours is however to be given to occupiers of such land or buildings, before the land is taken possession of. The Collector shall also offer the value of the standing crops or trees or any such land and if the occupier does not agree to it, the value of such crops and trees and the amount of such other amount shall be allowed while awarding the 26 compensation for the land. In cases arising under Sec. 17, the appropriate Govt. shall direct that Sec. 5(A) procedure shall not apply. It can also direct that a declaration be made under Sec. 6 at any time after the publication of the notification under Sec. 4 sub Sec. (1). It is open to any interested person who is not accepting the award to apply in writing to the Collector to refer the matter under Sec. 18 for the determination of the Court in respect of any controversy over the measurement of the land, the amount of compensation or to the apportionment of the compensation among the persons interested. The application should contain the grounds on which objection to the award is taken and be presented to the Collector within six weeks from the date of the award, if the applicant was present at the enquiry. Otherwise, the time limit is six weeks from the date of receipt of the notice from the Collector under Sec. 12. The Collector has to make a statement in writing to the Court as contemplated under Sec. 19 regarding the situation, extent etc. of the land, names of interested persons, the amount awarded as damages, and the grounds on which the amount of compensation was determined. He has also to give to the Court as schedule, giving particulars of the notices served upon and of the statements in writing made, or delivered by the parties interested, respectively. The Court thereafter under Sec. 20 shall cause a notice to be served on the applicant, persons interested in the objection and the Collector. The enquiry date to hear the objection is therein notified, the scope being restricted to the consideration of the interests of the persons affected by the objection Sec. 21. The proceedings shall be in open Court Sec. 22. The criteria for determining compensation are set out in Sec. 23. The court shall thereunder consider. (a) The market value of the land at the date of the notification under Sec. 4(1) (b) The damage sustained by the person interested by reason of the taking of any standing crops, or trees, which may be 27 on the land at the time of the Collector's taking possession. (c) Also damages, if any, then sustained by reason of severing such land from his other land. (d) Also damages, if any, then sustained by reason of the acquisition injuriously affecting his other property, movable, or immovable or his earnings. (e) The reasonable expenses, if any, incurred in changing his residence or place of business consequent on the acquisition. (f) Damages, if any, then sustained bonafide, resulting from diminution of the profits of the land between the time of the publication of the declaration under Sec. 6 and the time of the Collector's taking possession of the land. Apart from the market value of the land so assessed, the court shall award an additional 15 % on such market value, in consideration of the compulsory nature of acquisition. Matters to be neglected by the court in determining compensation are specified under Sec. 24 of the Act, namely, urgency for acquisition, the disinclination of the owner, the damage arising after the declaration under Sec. 6, increase in value consequent on increase in value of the other lands of the owner, of any outlay or improvements on the land made after the notification under Sec. 4(1). Sec. 25 provides the rules as to the amount of compensation, which is that the amount awarded by the court should not be in excess of the amount claimed by the applicant or be less than the amount awarded by the Collector and also provides for award of costs. Sec. 28 enjoins upon the Collector to pay interest on excess compensation. Under Sec. 30 where the amount of compensation is settled, the Collector may refer any dispute as to apportionment of the compensation to the decision of the court. Under Sec. 31 of the Act, the Collector shall tender payment of compensation to the 28 persons interested or deposit the same in the court to which a reference has been made under Sec. 18 of the Act. Sec. 35 directs acquisition by the direction of the appropriate Govt. of temporary occupation of waste or arable land for a public purpose or for a company for a term not exceeding 3 years. The procedure to be followed by the Collector when difference as to compensation exists is detailed. Notice to persons interested followed by conciliation, failing which reference to the court is to be made by the Collector. On payment of the compensation or on making the reference under Sec. 35, the Collector may enter and take possession of the land. Compensation shall be paid on restoration for any damage done. If the land be rendered unfit permanently for the owner, the appropriate Govt. shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose. If there is a difference between the Collector and the owner as to the condition of the land at the expiration of the term as to any matter connected with the said agreement, the Collector shall refer such difference to the court for decision. Sections 38 to 44 are important sections dealing with acquisition of land for companies. Under Sec. 38, the appropriate Govt. may authorise any officer of any company desiring to acquire the land for its purposes to exercise the power conferred by Sec. 4. Industrial concern is to be deemed under Sec. 38 A to be "company" for certain purposes. In all the above cases previous consent of appropriate Govt. and execution of agreement is necessary before putting into force sections 6 to 37. For this, prior enquiry by the appropriate Govt. is necessary (Sec. 40) as to the bonafides of the acquisition for purposes of erection of dwelling houses for work men employed by the company or for the provision of amenities directly connected therewith or that the acquisition is needed for some work which will be useful to the public. If the result of the enquiry is in favour of acquisition, the company is required under Sec. 41 to enter into an agreement with the appropriate Govt. on the following. 29 1. payment to the appropriate Govt. the cost of the acquisition 2. the transfer on such payment of the land to the company 3. the terms on which the land shall be held by the company 4. the conditions on which and the manner in which the dwelling houses, if any, or amenities, if any, shall be erected or provided, etc. The agreement so concluded shall be published in the official gazette Sec. 42. Any person obstructing acquisition of any land shall be criminally liable under section 46 and, finally the power to make rules is provided, Under Sec. 48, Govt. can withdraw from acquisition of land of which possession has not been taken and compensation is payable therefore to the interested persons. The above are the broad features of the L.A. Act. Requisition During and after the last war, requisitioning of property became an imperative necessity. The power of requisitioning property was derived under the Defence of India Act 1939 and the rules framed there under. The Defence of India Act 1939 came to an end on 30.9.1946. With the termination of the Act, the power to retain possession of the properties already requisitioned would have automatically lapsed and in cases where compensation had yet to be determined, there would have been no machinery in existence to determine the compensation. The legislature had to intervene to deal with the situation that had arisen. Under the legislative power conferred by Sec. 3 of the India (Central Govt. and Legislature) Act 1946, the provinces passed ordinances or Acts continuing the powers of requisitioning and in some cases took powers to acquire the requisitioned property. 30 Before the Constitution came into force, some of the States had passed Requisitioning and Acquisition Acts presumably under the legislative power claimed to have been conferred upon the provinces under item 9 of list II of the seventh schedule of the Govt. of India Act 1935, but a difficulty arose by reason of a decision of the Bombay High Court which held that the word acquisition' in Entry 9 did not include the power of requisitioning and that therefore the provincial legislatures had no power to enact laws relating to requisitioning of property. The Governor General therefore had immediately to intervene under sections 1 to 4 of the Govt. of India Act 1935 by issuing a notification whereby he empowered the provincial Legislatures to enact laws in respect of the requisitioning of land. The Center and the States, therefore passed the Requisitioning Acts. In view of distribution of legislative powers as it then existed under the Constitution, the Union had to pass a Requisitioning Act of its own for the requisitioning of property for Union purposes and the state legislatures had to pass separate Act for requisitioning for state purposes and public purposes other than Union purposes. The power of requisitioning property of a private owner is an extraordinary power and can justifiably be invoked only when an emergency arises. That is perhaps the reason why most of the Requisitioning and Acquisition of Immovable Property Act (XL 11 of 1956) came to an end on 6.3.1977. By President Act IV of 1977 the Tamil Nadu Act XL 11 of 1965 was made permanent. The aforesaid Act allows the Govt. to requisition and acquire immovable property held in private ownership for public purposes. Sec. 3 gives power to the Govt. to requisition immovable property by the competent authority. Sec. 4 gives the power to take possession of requisitioned property. Sec. 5 deals with the rights over requisitioned property. Sec. 6 provides for release of the property from requisitioning. Sec. 7 deals with the acquisition of the requisitioned property. Sec. 8 deals with the principles and method of determinating compensation. Sec. 9 provides for payment of compensation. Sec. 10 provides for appeal from orders of requisitioning. Sec. 11 provides for an appeal from awards in respect of compensation. Sec. 12 deals with the powers of the competent authority and the arbitrator. Sec. 13 provides for 31 power to obtain information. Sec. 14 gives power to enter and inspect the property. Sec. 16 deals with service of notice and order. Sec. 18 deals with delegation of powers. Sec. 19 provides for protection of action taken in good faith. Sec. 20 prohibits the jurisdiction of civil courts. Sec. 21 provides for penalty for offences. Sec. 23 deals with the rule making power. It is considered that for acquisition of private patta land for purposes of Veeranam project, recourse to the Land Acquisition Act can no doubt be had. But, more often than not, acquisitions under that Act are always challenged and stay granted therein by Court as a matter of routine, when the purpose of acquisition will be lost. The safer course, therefore, seems to be to resort for the purpose to the Tamil Nadu Requisitioning and Acquisitioning of immovable property Act 1956 which, as already stated, has since been made permanent. 32 TABLE A.4.1 NORMAL CROP YIELDS IN AYACUT AREA OF VEERNAM LAE Si. Name of Crops Irrigated Area Crop Yield No. in Hectares in Tonne 1. Kuruvai 10026.55 1620.29 2. Thaladi (double crop) 8021.24 3. Samba (single crop) 94334.87 15244.52 4. Blackgram and Greengram 11320.18 (single crop ayacut) 5. Sugarcane 724.20 89628.50 6. Kodical 307.04 - 7. Banana 35.55 - 8. Shortfall (Tharisu) 126.05 - 9. Acquired for housing purpose 64.18 - 18121.83 213331.34 33 TABLE A.4.2 CROPS IN THE CATCINENT AREA OF VEEANAN IAKE SI. Name of the Village Crop Area (ha.) -No. ----------____________________________________ Ground Gingelly Cumbu Paddy Sugar- Cashew nut cane 1. Karunagaranallur- Revenue Village a) Aranthangi _ -h 240 140 27 70 5 50.0 b) Chenninaththam- 2. Siddhamalli- 20 3 15 7 6 _ Revenue village 3. Mamangalam 114 9 61 122 67 6.4 4. Kandasamudaram 151 12 52 75 45 1.0 5. Vanamadevi 51 23 31 107 55 17.2 6. Agaraputhur 80 80 27 87 36 41.0 656 267 213 468 214 115.6 34 TABLE A.4. 3 TYPES AND QUANTITIES OF AGRO CHEIICALS USED IN THE WATER SHEDS FEEDING VEERANAM LAKE Paddy Crop Only 1. Phosphomidon - 300 ml/Ha 2. Monochzotophos - 500 ml/Ha 3. Quinolphos - 750 ml/Ha 4. Carbondazim - 250 gm/Ha 5. Cuman L - 1000 ml/Ha 6. Dithane M 45 - 1000 gm/Ha Sugarcane 1. Endosulphon - 750 ml/Ha 2. Carbofuran - 30 kg/Ha 3. Carbodazim - 120 gm/Ha (sett treatment) 4. BH,C 10 t - 25 kg/Ha (Time of planting) Banana 1. Carbofuran - 30 kg/Ha 2. Dithane M 45 - 100 g/Ha 3. Copper oxy chloride - 1000 g/Ha Dry Crops 1. Gingelly Endosolphone - 1000 ml/Ha 2. Groundnut Manocrotophos - 500 ml/Ha Dithet M45 - 1000 g/Ha 3. Groundnut Manocrotophos - 500 ml/Ha (pumping) Dithem M45 - 1000 g/Ha 35 TABLE A.4.4 STRATIGRAPHICAL SUCCESSION OF NADRAS AND ITS ENVIRONS Era Period Epoch Formation Lithology Vadamadurai Clay, silt, sand (including beach Recent boulder bed sand), gravels, Pebbles and Quaternary and Kanchip boulders ram gravels Pleisto- Laterite cene Tertiary Mio- Cuddalore Sandstone, grit, conglomerate, Pliocene beds clay and lignite ---- Unconformity-------- Trichino- ( Ariyalur Fossiliferous siliceous limestone, poly beds ( formation calcareous sandstone and marl ( Cretace- ous (---Unconformity-------- ( ( Mesozoic ( ( Satyavedu Ferruginous conglomerate in a matrix Upper ( ( beds with intercalations of sandstone Gondwana Sriperumbudur Clay, shale, felspathic sandstone ( Jurassic beds ( --------Unconformity-------- Proterozoic Nagari Quartzite --------Unconformity-------- Archaean Granite-gneiss, granite, charnockite and leptynite with basic and ultra- basic intrusives (unclassified) TABLE A.4.5 CHARACTERISTICS OF SOIL TYPES ON AREAS IN THE IMMEDIATE VICINITY OF VEERANAN LAKE Soil Type* Physico-chemical Properties Land Capability Irrigability Crop Suitability Udic Happustalf Light yellowish brown to Good cultivable Moderate limitat- Suitable for ground (Uhsf) brownish yellow; deep to land with mode- tions for sustai- nut, millets, very deep; loamy sand to rate limitation ned use under irri- pulses, tapioca, sandy clay loam surface that reduces the gation. Low water grapes, coconuts, soil, with sandy clay sub- choice of crops. holding capacity vegetables, less surface. Good drainage and Application of and topography are so for paddy, permeability, low water hold- tank silt the causes sugarcane and ing capacity, acidic to manure are banana neutral, non-saline the special needs on these areas Ultic Haplustalf Fine, loamy texture, mode- Good cultivable Moderate limitat- Suitable for ground (Ulhf) rate alkalinity, deep; mode- lands, but tions for susta- nut, millets,pulses, rate limitations due to low impeded drainage ined use under tapioca, grapes, water holding capacity irrigation coconuts,vegetables. Typic Ustifluvents Light yellowish brown, very Moderately good Marginal for sus- Groundnut, coconut, (Tuft) deep, coarse sand to loamy cultivable land, tained use under casuarina, onion, sand; well drained rapid but severe limi- irrigation. Limi- sugarcane, banana, permeability, low organic tation for crop tations imposed by vegetables, millets carbon, CEC, exchangeable selection low water holding in this order Ca++, Na+, transported by capacity water, neutral to acidic Contd TABLE A.4-5 (Contd ...) Soil Type Physico-chemical Properties Land Capability Irrigability Crop Suitability Entic Chromustert Greyish brown to dark brown, Moderately good Severe limitations Suitable for paddy, (EcSV) deep, fine, calcarious, domi- cultivable land, for sustained use cotton, green gram, nantly montmorillionite clay severe limita- under irrigation. black gram, modera- of 2:1 type with shrinking tions due to Poor drainage and tely so for pulses, and swelling properties; poor drainage higher water table chilies, coriander, clay more than 30%, clay yam; fairly so for loam to silty clayloams, millets and sugar- slow permeability, poorly cane co drained; slightly saline; medium alkaline, high CEC and exchangeable calcium and moderate exchangeable sodium Typic Ustorthents Brownish yellow to reddish Severe limita- Severe limitations Good for settlement (Tust) yellow, shallow sandy tions for agri- for irrigation, purposes. Suitable loams, rapid permeability, cultural use, imposed by topo- for Eucalyptus, well drained, non-saline, needs soil con- graphy & low water pulses and jowar neutral to acidic, low servation mea- holding capacity only CEC sures, tank silt application, mulching etc. TABLE A-4.6 MAJOR SOIL TYPES AND GROUNDWATER LEVELS ON AREAS ALONG THE ALIGNMENT OF PIPELINE Taluk/ Village Major Soil Geology Level of Groundwater Type Below Ground Surface (m) Winter Summer Kattuuanarkoil Kumarakudi Ecsv A 3-5 7-12 Chidambaram Purattankudi - A 3-5 5-10 Sethiatope Ecsv and A 3-5 5-10 Tuft Miralur Ecsv and A 3-5 5-10 Tuft Pinnalur Ecsv A 3-5 5-10 Cuddalore Maruvai Thsf S&T 25-30 35-45 Najinakuppam Uhsf S&T 25-30 35-45 Parvathipuram Uhsf S&T 25-30 35-45 Abatharangapuram Uhsf S&T 50-60 70-80 Panruti Tenkuthu Lsf,Tuft, T 50-60 70-80 Uhsf Vadakuthu Ursf,Uhsf, T 50-60 70-80 Lsf Marungur Ursf,Uhsf, T 45-50 60-70 Lsf Kadampuliyur Ursf, Uhsf T 50-60 70-80 Mel Mambattu Ursf T 50-60 70-80 Panikuppam Ursf, Uhsf T 25-35 40-50 Thsf Contd... 39 TABLE A.4.6 (Contd ...) Taluk/ Village Major Soil Geology Level of Groundwater Type Below Ground Surface (m) Winter Suimmer Lakshminarangapuram Uhsf, Thsf A 10-50 20-25 Kanisappakam Uhsf, Thsf A 10-15 20-25 Pungalan Uhsf, Thsf, A 10-15 20-25 Fuop Pulavanur Uhsf, Thsf, A 10-15 20-25 Udsp Kandarakkottai Uhsf,Thsf, A 10-15 20-25 Uuop Villupuram Kallippattu Uuop, Tuop, A 10-15 15-20 Tuft, Fuop Arasamangalam Uuop, Tuop, A 10-15 15-20 Tuft, Fuop Panchamadevi Uuop, Uhsf, A 10-15 20-25 Tuop Vengatadri Agoram Uuop, Uhsf, A 10-15 20-25 Tuft Malavarayanur Ecsv A 10-15 20-25 Nannattam Palayam Uuop, Vuop A 10-15 15-20 Salaiyampalayam Tuop, Vuop A 10-15 20-25 Pannamguppam Vuop A 10-15 20-25 Kiliyanur Uuop, Uhsf A 10-15 15-20 Melpadi Uuop A 10-15 15-20 Madimangalam Uuop A 10-15 15-20 Panndaiyapuram Uuop, Vuop A 10-15 20-25 Pappanapattu Vuop, Uuop C 5-10 15-20 Uhsf Vikravandi Uuop, Ursf, C 7-10 15-18 Tuop Salai Uuop C 7-10 15-18 Contd... 40 TABLE A.4.6 (Contd ...) Taluk/ Village Major Soil Geology Level of Groundwater Type Below Ground Surface (m) Winter Summer Tindivanam Chendur - C 5-8 12-15 Elay - C 5-8 12-15 Mangalam - c 5-8 12-15 Ongur - C 5-8 12-15 Girandipuram - C 5-8 12-15 Chengleput Irumbili Luot, Uuop Korapakkan Ecsv, Vuop Ammanamabakkam Uuop, Luot Edaiyur Tupt Mudaiyur Luot, Uuop Puliyur Uuop Thimmur Ecsv, Vuop Vilagam Tupt Ecsv, Vuop Madurantakam Acharapakkam Uuop, Epsv Athur Uuop, Epsv Budur Uuop, Ecsv Irumbili Uuop, Luot Isur Uuop, Epsv Kolathur Ecsv, Ulhf Puraiyur Uuop, Luot Thozhuppedu Uuop, Epsv Veeranakunnam Uuop, Ecsv A - Alluvium; C - Crystalline; T - Tertiary 41 TABLE A.4.7 CEHARACTERISTICS OF SOIL TYPES ON AREAS ALONG THE PIPELINE Soil Type Physico-chemical Properties Land Capability Irrigability Crop Suitability Typic Haplustalf Light yellowish brown, deep Good cultivable Low water holding Suited for ground- (Thsf) to very deep, surface loamy, land with mode- and presence of nut, pulses, sub-surface gravity, well rate limitations kankar are source millets, chillies, drained, neutral non-salime, for choice of limitations banana and low water holding capacity crops vegetables Vertic Ustocrepts Light to dark grey, deep, Good cultivable Poor drainage. Suited for paddy, vp~ (Vuop) sandy clay to clay, poorly land with mode- High water table cotton, coriander drained, high water holding rate limitations capacity, slightly saline for choice of crops Udic Rhodustalfs Reddish brown, very deep, Good cultivable Poor surface tex- Suited for ground- (Ursf) loamy surface, gravelly land with mode- ture and low water nut, pulses, sub-surface, well drained, rate limitations holding capacity millets low CEC, non saline for choice of are limitations crops for irrigation Plinth Ustalfs (Lsf) Yellowish brown to reddish Good cultivable Coarse, fragment, Casurina, pulses, brown, deep sandy loam, land with mode- topography and eucalyptus, rapid permeability, acidic, rate limitations plinthite hard vegetables non-saline for choice of sub-surface crops Contd TABLE A.4.7 (Contd ...) Soil Type Physico-chemical Properties Land Capability Irrigability Crop Suitability Typic ustochrepts Brownish to reddish, yellow, Limitations for Severe limitations Coconut, casuarina, (Tuop) shallow, loamy, sand, well cultivation for irrigation cashew, palmyra drained imposed by low CEC, water holding capacity Udic Ustochrepts Greyish brown, very deep, Adverse Groundnut, pulses, (Uuop) drained slightly, salime productivity millets natural, erodable sandy clay Lithic Ustorthent Loamy, shallow, yellowish, Moderately good Poor water storage Ground nut, pulses, (Luot) coarse texture, excessively cultivable land limits irrigation millets drained Entic Pellustor Light brown, fine loamy, Cultivable land Poor water storage Ground nut, pulses, (Epsv) non-salime, impeded with moderate limits irrigation millets drainage limitation due to impeded drainage Fluventic Light grey to yellowish Moderate Topography, soil Coconut, groundnut, Ustochrepts (Fuop) brown, very deep, sandy loam erosion and medium millets, pulses, to clay loam, low CEC, water holding vegetables medium water holding capacity being capacity, slightly alkaline caution' in irri- gation management TABLE A.4.8 AIR QUALITY ALONG THE PROPOSED PIPELINE ALIGNMENT Sampling Parameter Location ------------------------------------- S02 NOx SPM NLC, Neyveli 25 9 238 Vadakuthu 10 15 75 Tindivanam 8 23 149 (Highway) Mangalam (away 7 10 62 from highway) Madras city 10 11 169 Values are 8 hourly average and expressed as Ag/mr3 A 44 TABLE A.4.9 BACKGROUND NOISE LEVEL AT HUMAN SETTI
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India - Second Madras Water Supply Project : environmental assessment (Vol. 2 of 2) : Volume 2
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