National Green Tribunal
Dr A Rajagopal Kamath vs State Of Kerala on 7 September, 2022
Item No.06 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No. 574/2022
Dr. A. Rajagopal Kamath
...Applicant
Versus
State of Kerala ...Respondent
Date of hearing: 07.09.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Application is registered based on a letter petition received by Email.
ORDER
1. Dr. A. Rajagopal Kamath resident of H. No. 7/628-A, Chakrapani Lane, Opposite SBI Eroor Branch, Eroor Sourth, Tripunithura, Kerala has sent the present letter petition by email, which is treated and registered as original application. The grievance in the application is regarding immoderate smell of petroleum products emitted from refinery at Kochi. The applicant has submitted that he lives at a distance of 4 kms from the refinery but smell of Benzene enters his house in the morning and evening and persists there for hours together which poses serious health problems to residents including toddlers and the aged.
2. This Tribunal is empowered to take cognizance of the cases involving questions relating to environment arising out of the implementation of enactments specified in First Schedule of the National Green Tribunal Act, 2010 suo moto as held by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai V/s. Ankita Sinha and others 2021 SSC Online SC
897. This Tribunal can also take cognizance of such cases on the basis of O. A. No.574/2022 Dr. A. Rajagopal Kamath Vs. State of Kerala -2- letter petitions in accordance with settled principles of law governing Public Interest Litigation.
3. Prima facie, the averments made in the application raise questions relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010. In view of the averments made in the application, we consider it appropriate that a Joint Committee be constituted to verify the factual position. Accordingly, we constitute a Joint Committee comprising of representative of CPCB, State PCB and Collector, Kochi and direct the same to meet, undertake visit to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponents, verify the factual position and submit its report within one month by e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF. The State PCB will be the nodal agency for coordination and compliance.
4. In case the Joint Committee observes any violation of consent conditions/environmental norms, then it shall forward a copy of its report to:-
(i) the concerned Project Proponents to enable them to comply with the recommendations in the report of Joint Committee or file objections against its observations/recommendations and file their response before this Tribunal as desired within one month from the date of receipt of a copy of the report of the Joint Committee; and
(ii) the Statutory Authorities including State PCB and Collector, Kochi to enable them to take appropriate remedial action by giving notice to/hearing the project proponents and following due process of law in accordance with Statutory provisions mandating them to take remedial action for prevention, control and abatement of environmental pollution/degradation and for protection and O. A. No.574/2022 Dr. A. Rajagopal Kamath Vs. State of Kerala -3- improvement of environment and submit their action taken reports within one month from the date of receipt of a copy of the report of the Joint Committee.
The reports be submitted by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
5. List for further consideration on 20.12.2022.
6. A copy of this order, along with a copy of the application and documents attached with the same, be forwarded to the CPCB, State PCB and Collector, Kochi by e-mail for compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM September 07, 2022 AG