National Green Tribunal
Smt. R. Prabha vs Tamil Nadu Pollution Control Board on 13 August, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.01:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 147 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Smt. R. Prabha
...Applicant(s)
Versus
The Tamil Nadu Pollution Control Board and others.
...Respondent(s)
Date of hearing: 13.08.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Miss. Chetanna represented Mr. A.
Yogeshwaran
For Respondent(s):. Sri. C. Kasirajan through M/s. Meena
for R1
Sri. Mani Gopi for R2,R3 andR5.
1
ORDER
1. The grievance in this application is regarding the illegal operation of poultry farm run by the 4th respondent, against the guidelines provided by the Central Pollution Control Board in respect of such matters.
2. According to the applicant, the poultry farm did not confirm to any of the guidelines provided by the Central Pollution Control Board in this regard. There is over exploitation of water from a place which is a critically exploited area and they have not obtained the permission from the authorities for drawing ground water.
3. It is also submitted by the learned counsel appearing for the applicant, that there are large numbers of such poultry farms functioning in Rasipuram Taluk of Namakkal District.
4. There is no carrying capacity assessment conducted by the authorities regarding such units which are mushrooming in large scales. They have not provided any 'green belt' as required and also any mechanism for disposal of waste generated which ultimately causes pollution in that area.
5. It is also alleged in the application that when complaint has 2 been lodged by the applicant to the Tamil Nadu State Pollution Control Board, after inspection they have sent a reply dated 27.01.2020 stating that this poultry farm is being run by the 4th respondent incompliance with the directions of the guidelines provided by the Central Pollution Control Board and also directions were issued to the poultry farm to operate as per Central Pollution Control Board guidelines without causing any damage to the public or republic. So, the applicant was not satisfied with the directions issued. So, she filed this application seeking the following reliefs:
a) Direct the 4th respondent to shift the poultry at Vellappan Poultry Farm, Nanjappan Thottam, Ariya Goundampatty, Rasiuram Taluk, Namakkal District - 637 406 to a site conferring to the law and the guidelines dated 20.10.2015.
b) Direct the 4th respondent to obtain consent under the Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981.
c) Direct the payment of compensation for environmental harm and pollution caused by the 4th respondent and suffered by the applicant.
d) Issue such other orders as it deems fit in the interest of the case and render justice.
6. When the matter came up for hearing for admission today through Video Conference, Miss. Chethana represented Sri. A. 3 Yogeshvaran counsel for the applicant. Sri. C. Kasirajan through M/s. Meena represented 1st respondent and Sri. Mani Gopi represented respondents 2, 3 and 5.
7. Ongoing through the allegations 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 matter is admitted.
8. Since the official respondents 1 to 3 and 5 entered appearance through standing counsel, notice to them is dispensed with. Issue notice to respondents 4 and 6.
9. The applicant is directed to take steps to issue notice to respondents 4 and 6 by Registered post with Acknowledgement Due, e-mail and also by Dusthi if possible and produce proof of service along with affidavit as per rules.
10. The applicant is also directed to produce necessary requisite before this Tribunal within a week along with the postal cover and necessary postal stamps so as to enable this Tribunal to send notice to the respondents 4 and 6.
11. Applicant is also directed to serve the copy of the application and the documents produced to the standing counsel appearing for respondents 1 to 3 and 5 within a week. 4
12. In order to ascertain the present status of the functioning of the poultry farm and also to ascertain as to how many such units are functioning in Namakkal District, and also whether all those units are functioning in conformity with the guidelines provided by the Central Pollution Control Board and also whether necessary precautions for disposal of waste generated is being followed by them, we feel it appropriate to appoint a joint committee comprising of 1)the District Collector, Namakkal District, or a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate deputed by the District Collector, 2) a Senior Officer from Central Pollution Control Board, Regional Office, Chennai and
3) a Senior Officer from the Tamil Nadu State Pollution Control Board deputed by the Chairman to inspect the area in question and submit a status as well as action taken report if there is any violation found.
13. The committee is also directed to ascertain the status of the water scarcity in that area, and whether necessary permissions have been obtained from the authorities for drawing ground water by poultry farms and if there is any 5 violation found, assess the environmental compensation against them.
14. The Central Pollution Control Board, Regional Office, Chennai will be the nodal agency for co-ordination and for providing all necessary logistics for this purpose.
15. The committee is directed to submit the report to this Tribunal within a period of two months i.e., on or before 20.10.2020 by e-filing.
16. The applicant is also directed to submit a set of papers to the members of the committee within a week.
17. The Registry is directed to communicate this order to the members of the committee and also to the official respondents immediately by e-mail, so as to enable them to comply with the direction.
18. For appearance of parties, consideration of report and for submission of pleadings, post on 20.10.2020.
....................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Saibal Dasgupta) O.A. No.147/2020 13th August 2020. Sr. 6