National Green Tribunal
Meenava Thanthai K R Selvaraj Kumar ... vs State Of Tamilnadu on 14 December, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.12:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 183 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Meenava Thanthai K.R. Selvaraj Kumar
Meenavar Nala Sangam
Represented by its President,
M.R. Thiyagarajan,
S/o. Late C. Rajalingam,
Office at No.48, East Madha Church Street,
Royapuram, Chennai
.... Applicant(s)
Versus
The State of Tamil Nadu
Through the Chief Secretary,
Government of Tamil Nadu,
Secretariat, Chennai and Ors.
...Respondent(s)
Date of hearing: 14.12.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Mr. G. Stanley Hebzon Singh.
For Respondent(s): Dr. D. Shanmuganathan for R1, R4 & R5.
Mr. Suryaprabhu represented
Mr. G.M. Syed Nurullah Sheriff for R2.
Mr. S. Sai Sathya Jith for R3.
Mrs. Anandhi and
Ms. S.M. Kothai Muthu Meenal for R6.
Page 1 of 9
ORDER
1. As per order dated 15.11.2021, after considering the report submitted by the Tamil Nadu Pollution Control Board and also by the Joint Committee, this Tribunal had passed following order:-
"5. It is seen from the report submitted by the Joint Committee as well as the Tamil Nadu Pollution Control Board that there was encroachment into the Cooum river committed by the 6th respondent and consent to operate was not obtained for operating the Sewage Treatment Plant (STP) as well as the Effluent Treatment Plant (ETP).
6. The learned counsel appearing for the Tamil Nadu Pollution Control Board submitted that he has received an oral instruction from the District Environmental Engineer (DEE) today that after the Joint Committee inspection and the earlier inspection conducted by the Tamil Nadu Pollution Control Board (TNPCB), they have further inspected the unit in question on 08.11.2021 and recommended for closure of the unit on 10.11.2021 and on getting the approval from the Competent Authority, they will be issuing the closure order. Though it was mentioned by the Tahsildar that there is an encroachment of 118 sq, ft. area in the Cooum river and the steps are being recommended for removal of the same, what is the nature of steps taken is not clear from the report, though they have inspected the area on 30.09.2021.
7. When this was pointed out, the learned counsel appearing for the State Department submitted that they will come with a detailed report regarding the action taken in this regard. If there is any violation of the conditions imposed in the consent to establish by the Tamil Nadu Pollution Control Board (TNPCB) even if they are complying with other permissions, they are expected to assess the environmental damage for the violation committed. When this was pointed out the learned counsel appearing for the Tamil Nadu Pollution Control Board submitted that they will also come with a detailed report regarding this aspect on the next hearing date.
8. It is also not known as to whether necessary Buffer Zone has been provided from the river boundary of the Cooum river and the construction was made within the permitted area on the basis of the No Objection issued by the Public Works Department. If there is any violation, that also will have to be mentioned by the Public Works Department in the reply to be submitted by them and if there is any violation, what is the nature of action taken by them must also be specifically mentioned in the report to be filed, as per the directions of the Hon'ble Principal Bench of National Green Tribunal which was approved by the Hon'ble Supreme Court in some modification in Mantri Techzone Private Limited Vs. Forward Foundation (2019) 18 SCC 494 and other connected matters and whether buffer zone has been suggested by the authorities who has given permission for the construction, if not what is the reason why this has not been complied with by them.
9. The committee is directed to submit the respective reports to this Tribunal on or before 14.12.2021, by e-filing in the form of searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
10. The Registry is directed to communicate this order to the members of the committee and also to the official respondents for their information and for compliance with the direction."Page 2 of 9
2. The case was posted to today for completion of pleadings, filing further action taken report and objections (if any) to the report submitted by the Tamil Nadu Pollution Control Board as well as by the Joint Committee.
3. The 6th Respondent has filed objection signed by their counsel, not by the party, stating that they have received the show cause notice from the Tamil Nadu Pollution Control Board on 07.09.2021 and they have submitted their reply and also received a closure order, disconnection of power supply.
4. The Tamil Nadu Pollution Control Board also filed a report signed by the officer on 13.12.2021, e-filed on the same date which reads as follows:-
"REPORT FILED ON BEHALF OF THE 3RD RESPONDENT TAMILNADU POLLUTION CONTROL BOARD.
I, R. Rajamanickam, Slo P.M. Ramasamy, Hindu, aged about 57 years, having office at No.76, Mount Salai, Guindy, Chennai-600 032, do hereby solemnly affirm and sincerely state as follows:
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board and I am filing this Report on behalf of the 2nd Respondent Board and as such I am well acquainted with the facts of the case as per records.
2. It is respectfully submitted that the Hon'ble NGT in its order dated 15.11.2021 has directed the Tamil Nadu Pollution Control Board to file further action taken report. In this regard, it is submitted that in continuation to the show cause notice issued to the unit vide proceeding dated 07.09.2021 and unit's reply dated 15.09.2021, the unit was further inspected by the District Environmental Engineer, Tiruvallur on 8.11.2021 and during inspection the following were observed:
i. The said Fish market was functioning without obtaining Consent to Operate (CTO) from the Board.
ii. The STP provided was in operation and treated sewage was stored in the treated sewage collection tank. Also, the Effluent Treatment Plant (ETP) provided for the treatment of trade effluent generated from the Fish container washing, Floor washing and Vehicle washings was in operation and the treated trade effluent was stored in the collection tank of ETP.
iii. The unit has reported that the treated sewage/trade effluent is disposed to the nearby CMWSSB pumping station through private tanker lorry. The unit has furnished the copy of the CMWSSB receipt dated 26.10.2021, for the disposal of treated Sewage/trade effluent into CMWSSB pumping station which is violation Page 3 of 9 against the CTE issued to the unit under the Water Act, vide Proc. dated 13.2.2020.
iv. The unit has not developed adequate green belt to utilize the treated Sewage and treated trade effluent on unit's land for gardening purpose as stipulated in the CTE issued to the unit under the Water Act, vide Proc. dated 13.2.2020.
v. Further the unit has not furnished the authenticated documents/ receipts for the daily disposal of treated Sewage/trade effluent into CMWSSB pumping station.
4. It is respectfully submitted that, in view of the above, the 6th respondent unit of M/s. The Chennai Fish, S.F.No. 98/12, 98/5A1B, Noombal Village, Poonamallee Taluk, Tiruvallur District was issued closure direction and disconnection of power supply under Section Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 as amended vide Board Proceeding dated 27.11.2021.
5. It is respectfully submitted that, the Hon'ble National Green Tribunal (SZ) in its order dated 15.11.2021 directed inter alia that:
"Para7: if there is any violation of the conditions imposed in the consent to establish by the Tamil Nadu Pollution Control Board (TNPCB) even if they are complying with other permissions, they are expected to assess the environmental damages for the violation committed. When this was pointed the learned counsel appearing for the Tamil Nadu Pollution Control Board submitted that they will also come with a detailed report regarding this aspect on the next hearing date. The said case is posted on 14.12.2021."
6. It is respectfully submitted that in order to comply the said NGT order, the DEE has calculated the Environmental Compensation for operating the unit without obtaining consent to operate of the Board and also for non compliance of conditions stipulated in the CTE issued to the unit under the Water & Air Acts vide Proc. dated 13.02.2020 is calculated as below:
Calculation of Environmental Compensation as per the CPCB Guidelines based on the Environmental Compensation formula:
D EC = PIxNxRxSxLF Where, EC is Environmental Compensation in Rupees PI - Pollution Index for Orange category as per CPCB guidelines - 50 N - Number of days of violation took place - 83 (Between the date of issue of Show cause notice on 07.09.2021 to power disconnection on 30.11.2021) R-A factor in Rupees (Rs.) - 250/ S - Factor for scale of operation - 1.5 (Orange Large) LF - Location factor - 1.0 (less than one million population) The calculated Environmental compensation (EC)= PlxNxRxSxLF Rs.=50 x 83 x 250 x 1.5 x 1.0 Environmental Compensation (EC) - Rs. 15,56,250/- (Rupees Fifteen Lakhs Fifty Six Thousand Two Hundred and Fifty only)
7. It is respectfully submitted that, in view of the above, the 6th respondent unit of M/s. The Chennai Fish, S.F.No. 98/12, 98/5A1B, Noombal Village, Poonamallee Taluk, Tiruvallur District was issued show case notice under Section Page 4 of 9 5 of the Environment (Protection) Act, 1986 as amended vide Board Proceeding No.T2/TNPCB/F.24759/TLR/01/2021dated 13.12.2021 why the Board shall not levy the environmental compensation for operating the unit without obtaining consent to operate of the Board and also for non compliance of conditions stipulated in the CTE issued to the unit under the Water & Air Acts vide Proc. dated 13.02.2020.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) may be pleased to pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice."
5. It is seen from the report that the closure order was issued and power supply was disconnected and they have initiated proceedings for imposition of environmental compensation, for which, show cause notice was issued to the 6th Respondent.
6. The Assistant Engineer, SEIAA, Tamil Nadu who is the member of the committee filed a report signed by the officer on 09.11.2021, e-filed on 14.12.2021 which reads as follows:-
"INDEPENDENT REPORT OF THE MEMBER OF THE COMMITTEE FORMED PURSUANT TO THE ORDER OF THE HON'BLE NATION GREEN TRIBUNAL SOUTHERN ZONE CHENNAI IN O.A.NO.183 OF 2021 DATED 17.08.2021
1. It is respectfully submitted that Thiru. Meenava Thanthai K.R Selvaraj Kumar, Meenavar Nala Sangam, Chennai has filed an Original Application No. 183 of 202l (SZ) and an IA. No. 117 of 2021(SZ) before the Hon'ble National Green Tribunal, Southern Zone, Chennai levelling certain complaints against the construction of large scale Fish market adjacent to River Cooum at S.F. No.1/93 of Poonamalle High Road, Pallikuppam, Vanagaram, Chennai 600 007 by the 6th respondent, Thiru A. Durai as stated therein.
2. It is further submitted that the Hon'ble National Green Tribunal, Southern Zone, Chennai in Para 9 of the order dated 17.08.2021 formed a joint committee and directed the Committee to inspect the area in question and to submit a factual as well as action taken if there is any violation found.
3. It is further submitted that the Hon'ble National Green Tribunal, Southern Zone, Chennai in Para 10 of the order dated 17.08.2021 has directed the committee to ascertain the following:
Page 5 of 9i. Whether the sixth respondent has obtained necessary clearance or permission for construction of the fish market as required under the environmental laws, ii. Whether the 6th respondent had encroached the Cooum river poramboke or any other Government property and made reclamation of any portion of the river for the purpose of construction, iii. Whether he had committed any violation of Construction and Demolition of Waste Management Rules, 2016 in the disposal of the construction demolition wastes, generated during the construction of this Project.
iv. Whether 6th respondent had deposited the construction debris in any portion of the Cooum river or river bank, so as to obstruct the free flow of water in the Cooum river.
v. Whether the 6th respondent had made any unauthorized attempt of putting up pipelines to discharge untreated sewage/trade effluent into the Cooum river illegally, vi. If there is any violation found or encroachment done, then the committee is directed to ascertain the nature of the damage caused to the environment and assess the environmental compensation including the cost required for restoration of damage caused to the environment apart from taking steps to remove the encroachment and prevent untreated sewage/trade effluent being discharged into the Cooum river after following all the legal formalities as provided under the respective statues in accordance with law.
4. It is further submitted that the Hon'ble National Green Tribunal, Southern Zone, Chennai in Para 18 of the order dated 17.08.2021 has directed the Committee members to file independent report in this regard.
5. It is respectfully submitted that, as directed by the Hon'ble National Green Tribunal, Southern Zone, Chennai, a joint committee was constituted and the Committee inspected the site on 30.09.2021. During inspection the following were ascertained:
i. It is respectfully submitted that, the built up area of the fish market is 1802 Sqm. As per the Notification of Environment Impact Assessment Notification dated 14th September 2006, only the Building and Construction Projects with built-up area of more than or equal to 20000 Sqm are required to obtain prior Environmental Clearance from State Level Environment Impact Assessment Authority. Hence the area in question does not attract EIA Notification 2006. The unit has obtained Consent to Establish from TNPCB and was informed that application for Consent to Operate is under process at TNPCB.
ii. It is respectfully submitted that the 6th respondent has encroached River Coovum at two places on the northern side and eastern side of the fish market and the Revenue Officials have been requested the details such as GPS coordinates and total encroachment area and the same will be detailed in the joint inspection report to be submitted before the Hon'ble Court.Page 6 of 9
iii. It is respectfully submitted that during inspection of the site, no construction debris generated during the construction of this project were seen dumped at the site.
iv. It is respectfully submitted that during inspection of the site, no construction debris were seen dumped in River Cooum or the river bank disrupting the flow.
v. It is respectfully submitted that during inspection of the site, no pipelines discharging untreated sewage/trade effluent into River Cooum was noticed. Sewage Treatment Plant and Effluent Treatment Plant have been provided within the premises for treating the generated sewage and trade effluent. The 6th respondent produced the original receipts pertaining to disposal of treated sewage and treated trade effluent to CMWSSSB.
vii. It is respectfully submitted that the details of nature of damage caused to the environment and the environmental compensation including the cost required for restoration of damage caused to the environment and the steps taken to remove the encroachment in accordance with law will be submitted to the Hon'ble Court in the joint inspection report."
7. They have only mentioned that there was no construction debris seen in the project site. They have also mentioned that there was encroachment of Cooum River at two places on Northern side and Eastern side of the fish market and the revenue officials were requested to give the details such as GPS coordinates and total encroachment area and the same will be detailed in the joint inspection report to be submitted before this Tribunal.
8. The learned counsel appearing for the 6th Respondent submitted that they have already closed the unit and they are not operating the unit and they are only doing cleaning work and they have demolished the encroached portion found and they will not operate the unit without revoking the closure order and complying with the directions issued by the Pollution Control Board.
9. The 6th Respondent is directed to file an affidavit to that effect, as the counsel appearing for the applicant even today mentioned that in spite of Page 7 of 9 the closure order and disconnection of power supply issued, they are operating the unit and they are discharging the untreated effluents into the Cooum River.
10. The Tamil Nadu Pollution Control Board is directed to conduct a surprise inspection and submit a report regarding the allegations made by the counsel for the applicant and if there is any violation found, they are directed to take appropriate action against the 6th Respondent, including prosecution for illegal operation of the unit as provided under the Water (Prevention and Control of Pollution) Act, 1974.
11. The District Collector is also directed to file a detailed report regarding the steps taken by them for removal of the encroachment in the Cooum River and the encroachment will have to be fixed on the basis of the original revenue records.
12. The Irrigation Department is also directed to file a report as to whether any buffer zone has been fixed for the Cooum River and whether any permission is required to be obtained from the Irrigation Department, if any construction has been made in the river beds and if not, what is the nature of action taken by them.
13. The above said officials are directed to submit their respective reports to this Tribunal on or before 20.12.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
14. The Registry is directed to communicate this order to the official respondents, District Collector, Chairman, Tamil Nadu Pollution Control Board, Irrigation Department, Fisheries Department and also to the Water Page 8 of 9 Resources Department by e-mail immediately for their information and compliance of the direction.
15. For completion of pleadings, consideration of reports and also for hearing, post on 20.12.2021.
Sd/-
........................................J.M. (Justice K. Ramakrishnan) Sd/-
........................................E.M. (Dr. Satyagopal Korlapati) O.A. No.183/2021 (SZ), 14th December, 2021. Mn.
Page 9 of 9