National Green Tribunal
Sundaramurthy vs The Principal Secretary Department Of ... on 15 March, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No. 05:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 25 of 2022(SZ) &
L.A. Nos.46 to 49 & 51 & 52 of 2022 (SZ)
(Through Video Conference)
IN THE MATTER OF:
M. Sundaramurthy, .
N. Chennai and others. oes ... Applicant(s)
Versus
The Principal Secré
Department of E
Sent climate e Change & & Foi
..Respondent(s)
MEMBER
For Applicant(s):
For Respondent(s): Dr. D. Shanmuganathan for R1, R2, R6 & R7
Mr. S. Sai Sathya Jith for R4 & R5
ORDER
I.A. No. 51 of 2022 (SZ):
1. This is an application filed by the applicant to implead State Level Environment Impact Assessment Authority -- Tamil Nadu as additional 10"
respondent, as there were certain allegations made regarding the violation of conditions imposed in the Environmental Clearance (EC) as directed by this Tribunal. Since State Level Environment Impact Assessment Authority -- Tamil Nadu is a necessary party to the proceeding, the application is allowed and State Level Environment Impact Assessment Authority -- Tamil Nadu is impleaded as additional 10 respondent in the matter. I.A. No. 51 of 2022 (SZ) is allowed and disposed of accordingly.
I.A. No. 52 of 2022 (SZ):
2. This is an application filed by the applicant to delete the name of the District Environmental Engineer, Tamil Nadu Pollution Control Board (5"
Vasudevan). as no pers retaining the 5" responden in official capacity as such. I.A. No. 52 of 2022 (SZ) is allowed and disposed of accordingly.
Original Application No. 25 of 2022 (SZ):
3. The additional 10" respondent is impleaded as per order in I.A. No. 51 of 20222 (SZ) and the personal name of the 5™ respondent is deleted and amended accordingly as per order in I.A. No. 52 of 2022 (SZ).
4. The Registry is directed to carry out the amendment in the cause title.2
5. The applicant is directed to produce amended copy of the application within a week.
6. The grievance in this application is regarding indiscriminate discharge of untreated sewage from the building complexes established by the Respondents No. 8 and 9 in violation of the environmental norms.
7. It is alleged in the application that the applicants are having lands adjacent to the building complex envisaged by the Respondents No. 8 and 9 for the purpose of providing certain residential complex for 'Senior Citizens'. The project itself was established against the siting criteria which are abutting a reserve forest b me.Sengundram Reserve.F Area and the Sewage Treatment Pla well as to applicants a wall, they h discharging the causes stagnation of sewag ater in th r property causing protection and affecting the fertility of the soil as well, apart from causing odour pollution and other nuisance. It is not known as to whether they have obtained necessary Environmental Clearance (EC) and whether Impact Assessment Study was conducted before the project was launched. It is also not known as to whether they have obtained necessary 'consent' from the Tamil Nadu Pollution Control Board (TNPCB) for establishing the Sewage Treatment Plant (STP).
8. Even assuming that they have got these clearances/permissions, they are violating the conditions imposed and they are not expected to discharge untreated sewage into the neighbouring properties causing harm to them.
Though representations were made to the authorities, no action was taken. That prompted the applicants to file this application seeking following reliefs:-
i) To pass an order of permanent injunction, restraining e espondents 8 and 9 here eir men, agents, m from in any nts: or anyone, Calming unde Melrosapurath Road, M raimalai Nagar, Off G.S.T. Road, Chengalpattu -- 603 204 and "Arihant Villa Viviana" which is also situated in the same place, strictly complying with the standards prescribed by the Tamil Nadu Pollution Control Board.
9. On going through the allegations made in the application, we are satisfied that there arises a substantial question of environment which requires the interference of this Tribunal for resolving the same. So, the application is admitted.
10. Issue notice to the respondents by Registered post with acknowledgement due, by e-mail and also by dusthi if possible and produce proof of service on them by filing proof of affidavit as per rules.
11. The applicant is also directed to serve a copy of the amended application along with the documents produced to the standing counsel appearing for the official respondents within a week so as to get the necessary instructions regarding the allegation made in the application.
12. The applicant is also directed to produce necessary requisites along ne 'this 'Tribunal enable
13. application, we feel it appropriate to appoint a Joint Committee comprising of (1) a Senior Officer from Ministry of Environment, Forest and Climate Change (MoEF&CC), Integrated Regional Office, Chennai, (2) a Senior Officer from State Level Environment Impact Assessment Authority - Tamil Nadu, (3) The concerned District Environmental Engineer from Tamil Nadu Pollution Control Board and (4) The District Forest Officer, Chengalpattu Division, Kancheepuram District to inspect the area in question and submit a factual as well as action taken report if there is any violation found.
14. The committee is directed to ascertain as to;
i) Whether the respondents 8 and 9 have obtained necessary Environmental Clearance (EC) and consent for establishing their units including the sewage treatment plant,
ii) | Whether there are any violations of the conditions imp sed in the Environmental Clearance (EC) granted sing damage to environmen into the wage
iv) Whether any damage has been caused to the property of the applicant and if so, what is the nature of remedial action to be taken to restore the same to its original position.
v) If there is any violation found, what is the nature of action taken against the respondents 8 and 9 including the imposition of environmental compensation for the violation committed by them, if any.
vi) | Whether there is any violation of the siting criteria and discharge of any untreated sewage into the forest area as alleged in the application.
vii) The committee is also directed to suggest the remedial measures to be taken to restore the damage caused to the environment and also to avoid possible pollution being caused.on account of the operation of the sewage tment plant in the project a jiding necessary logistics L.A. No. 46 of 2022 (SZ)
17. This is an application was filed by the applicant for an interim mandatory injunction, directing the respondents 8 and 9 to restore the compound wall to its original position. But this is a to matter to be considered by this Tribunal after getting the reports Further though granting an interim mandatory injunction is within the power of the Tribunal ex-parte mandatory injunction can be granted by the Tribunal only in exceptional circumstances and this Tribunal has to consider as to whether he is entitled for such a relief in the main matter. So leaving open the right of the applicant to agitate this issue in the main application. I.A. No. 46 of 2022 (SZ) is disposed of accordingly. I.A. No. 47 of 2022 (SZ):
18. This is an application filed by the applicant to appoint an Advocate Commissioner to inspect the area and submit a report. Since this Tribunal has already appointed a Joint Committee to go into the question there is -A. No. 47 of 2022 no necessity to appoint an Advocate Commissioner.
19. detailed report from the Joint Committee appointed by this Tribunal.
Further no interim reliefs of the nature can be granted without giving an opportunity to the project proponent as envisaged under Section 19(4) of the National Green Tribunal Act, 2010.
20. However the right to claim these reliefs in the main application is left open and that can be considered in the main application.
21. With the above observations and directions, I.A. No. 48 of 2022 (SZ) and I.A. No. 49 of 2022 (SZ) are disposed of accordingly.
22. The committee is directed to submit the report to this Tribunal on or before 13.04.2022, 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.
23. The Registry is directed to communicate this order to the members of the committee and also to the official respondents immediately through e-mail, so as to enable them to comply with the direction.
24. ree E.M. (Dr. Satyagopal Korlapati) O. A. No.25/2022,(SZ) & I.A. Nos. 46 to 49, 51 & 52 of 2022 (SZ) 15.03.2022,Sr.