National Green Tribunal
A.Paramasivan S/O. Ayyavoo vs Tamil Nadu Pollution Control Board Rep. ... on 2 June, 2016
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE BENCH
Application No.82 of 2016 (SZ)
M.A.73 of 2016
In the matter of
A.Paramasivan Vs. 1. Tamil Nadu Pollution Control Board
Pakkam Village rep. by its Chairman, Guindy, Chennai
2. The District Environmental Engineer
Tamil Nadu Pollution Control Board
Ambattur, Chennai
3. The District Collector, Thiruvallur
4. The Tahsildhar, Thiruvallur
5. The Chief Engineer, PWD,Thiruvallur
6. The District Forest Officer, Thiruvallur
7. The Assistant Engineer (Distribution)
Tamil Nadu Electricity Board, Thiruvallur
8. The Secretary to Government
Animal Husbandry, Dairying and
Fisheries Dept, Fort St. George,Chennai
9. Revenue Divisional Officer, Ponneri
10. Veerasamy
11. Balaji
12. Thangapandian
CORAM : HON'BLE MR. JUSTICE Dr.P. Jyothimani, Judicial Member
HON'BLE Shri P.S. Rao , Expert Member
Present : Applicant : G. Stanly Hebzon Singh
Respondent No.1 & 2 : Mrs. H. Yasmeen Ali
Respondent No.3, 4, 6 & 9 : M/s. M.K. Subramanian & P. Velmani Respondent No.10 to 12 : M/s. M. Gnanasekar, K. Dillibabu K. Shyam Sunder & M.N. Kathir Date and Orders of the Tribunal Remarks Item No. 7 This application is for a direction against the respondents to take June 2nd 2016. action to close down prawn culture/ aqua farm activities at Pakkam Village, Ponneri Taluk, Tiruvalur District and to penalize the persons who have been carrying on the farms in Survey Nos.58 and 62 of No.8, Pakkam Village, Ponneri Taluk, Tiruvallur District. Admittedly, as per the revenue records, the said survey numbers are categorised as "Kali Poramboke" which makes the same belong to the Government and therefore the private respondents 10 to 12 have encroached upon the Government land and have been carrying on the prawn culture activities.
The case of the applicant is that by virtue of these illegal activities the water quality has been destroyed and there is no sufficient water for agricultural operations and ultimately the crop fails. In the light of the admitted position that the private respondents are in occupation of Kali Poramboke land and carrying on prawn culture activities, in our order dated 24.5.2016, while impleading the private respondents 10 to 12, we have directed the authorities to remove the entire prawn culture activities in respect of these three persons and report compliance by 30.5.2016.
However, the shrimp farms were not removed when the matter came up on 30.5.2016 and we have directed the 4th respondent Tahsildar to remove the prawn culture ponds of Veerasamy, Balaji and Thangapandian forthwith and report the same on 1.6.2016. When the matter was taken up on 1.6.2016 it was represented that the learned counsel appearing for the private respondents is not available and a representation was made that an affidavit of undertaking will be filed for the removal of the farms by the private respondents. In view of the said representation, the application stood posted today viz., 2.6.2016.
Today, all these three private respondents viz., Veerasamy, Balaji and Thangapandian have filed affidavits . In the affidavit they have stated as follows:
"Accordingly, we are filing this affidavit of undertaking to the effect that we shall demolish the prawn culture ponds and hand over the vacant possession to the Government respondents on 06.06.2016, failing which the Government respondents are at liberty to demolish the prawn culture ponds for which we have no objection."
In view of the specific undertaking given by all the three private respondents and recording the said undertaking , we permit the respondents 10 to 12 to remove the entire prawn culture ponds by 6.6.2016 and hand over vacant possession to the Tahsildar, Thiruvallur. We make it very clear that in the event of failure of the private respondents in handing over vacant possession voluntarily to the Tahsildar, Thiruvallur, the Tahsildar shall on 7.6.2016, take efforts with the help of police protection to demolish all the prawn culture ponds in respect of these private respondents and recover whatever expenditure is incurred in respect of the same from the private respondents.
We direct the 3rd respondent District Collector, Tiruvallur to furnish the list of other persons who are carrying on such shrimp farms either in poramboke land or any private land and where people are carrying on illegally shrimp farm in poraboke land similar to that of the private respondents, the Tahsildar Thiruvallur to take immediate action and remove the farms and report the same on the next date of hearing Post this application on 26.7.2016 .............................................., JM (Justice Dr.P. Jyothimani) ..............................................,EM (Shri P.S. Rao)