National Green Tribunal
Eas Sarma vs Union Of India on 27 August, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 160 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
E.A.S. Sarma and Anr.
... Applicant(s)
Versus
Union of India and Ors. ... Respondent(s)
Date of hearing: 27.08.2020
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): M/s. Ritwick Dutta &
M/s. G. Stanley Hebzon Singh.
For Respondent(s): M/s. G.M. Syed Nurullah Sheriff for R1.
M/s. Madhuri Donti Reddy for R2 to R4, R7.
ORDER
1. The grievance in this application is regarding the alleged violation of conditions of the CRZ Clearance as well as Environmental Clearance granted by the first respondent to the 1 sixth respondent for doing dredging in the GMR/ECPL Plant opposite to Coast Guard office, Kakinada.
2. According to the applicant, there were specific conditions in the CRZ Clearance and also the Environmental Clearance that dredged materials should not be dumped near the mangroves and also mudflats. But contradictory to the same, sixth respondent is proceeding with the dredging and disposing the dredged materials in CRZ - I area covering mangroves and mudflats.
3. Further, they are also constructing a bund which is likely to prevent the inflow of sea water towards the mangroves which will affect the very existence of the mangroves itself. Any destruction to mudflats will have a great impact on micro flora and fauna and other organisms as well.
4. According to the applicant, mudflat is very large in size measuring nearly 2 Sq.M. around Kumbhabhishekam Temple including 7th berth of the port and its surroundings. It is also within the vicinity of Coringa Wildlife Sanctuary and the activities of the sixth respondent are likely to affect the eco- sensitive zone as well as CRZ I & CRZ - IA area.
5. So, the applicant filed this present application seeking the following reliefs:-
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(i) Direct the respondent No.1 to revoke the Environmental and CRZ Clearance dated 07.03.2019 granted to respondent No.6 along with the transfer letter dated 18.06.2019
(ii) Direct that responsibility be fixed and action be initiated against those persons who started the illegal dredging and discharge of dredge spoil into the mangrove in violation of CRZ Notification of 2011 and 2018.
(iii) Direct that responsibility be fixed and action be initiated against Government - Respondents for having omitted to take any action against discharge of dredge spoil into the mangroves to take place and death of mangroves in the area.
(iv) Direct that action be taken against the officials of Andhra Pradesh Maritime Board for issuing illegal permission/s dated 01.02.2020 and 10.06.2020 when it well known that the whole area in Kakinada Bay is ecologically important and sensitive
(v) Direct that a committee be set up to enable their fact find and reporting to the Hon'ble Tribunal on the issue of damage to the mangroves and illegal dredging and discharge of the spoil into the mangroves being done by the Respondent No.6
(vi) Direct that the entire area be restored to its original condition and the entire bund be broken and removed in order to clear the dredging spoil and to conserve rest of the habitat and bring back the habitat to its original status by applying the Polluter Pays principle at the cost of Respondent No.6 3
(vii) Direct the 2nd respondent to prepare a management plan for the biological active mudflats present in Kakinada Bay area without delay.
(viii) Direct that the respondent No.1 should notify without delay the Eco-sensitive zone of Coringa Wildlife Sanctuary in a radius of 10 Km from the Coringa Wildlife Sanctuary.
(ix) Direct that the restoration should be done under the supervision of an expert committee comprising of national level institution which has expertise on restoration of marine ecology and specifically mangroves."
6. When the matter came up for hearing today through Video Conference for admission, Sri. Ritwick Dutta and Sri. G. Stanely Hebzon Singh represented the applicant. Sri. G.M. Syed Nurullah Sheriff represented 1st respondent and Smt. Madhuri Donti Reddy represented respondents 2 to 4 & 7.
7. On going through the allegations in the application, we are satisfied that there arises a substantial question of environment which requires the interference of this Tribunal as damage caused to mangroves and mudflats will have a great impact on environment. Further, any violation of the CRZ Notification also will have great ramification on the coastal zone as well.
8. The learned counsel who proposed to appear for the first respondent submitted that notice may also be issued to the 1st respondent through Court directly as well. Learned counsel 4 further submitted that however, he will undertake to inform the ministry about the filing of the case.
9. Issue notice to the respondents 1, 5 & 6 as respondents 2 to 4 & 7 had entered appearance through standing counsel. So, notice to them is dispensed with.
10. However, the applicant is directed to serve a copy of the application and documents produced to the counsel who proposed to appear for the first respondent and also to the counsel appearing for the respondents 2 to 4 & 7 within a week.
11. The applicant is directed to take steps to serve notice on respondents 1, 5 & 6 by registered post with AD, by e-mail and also by dusthi if possible and produce proof of service to this Tribunal by filing an affidavit as per rules.
12. The applicant is also directed to submit necessary requisite before this Tribunal within a week along with necessary postal cover and postal stamps so to enable this Tribunal to send notice to the respondents through Court as well.
13. Considering the circumstances and also to ascertain the present state of affairs, we feel it appropriate to appoint a Joint Committee comprising of 1) a Senior Officer from Regional Office, Ministry of Environment, Forest & Climate Change (MoEF & CC), Chennai, 2) a Senior Officer from Andhra Pradesh Coastal Zone Management Authority (APCZMA), 3) a Senior Officer not below 5 the rank of Chief Conservator of Forest to be designated by the Principal Chief Conservator of Forest & HOFF, Andhra Pradesh and 4) the Divisional Forest Officer, Coringa Wildlife Sanctuary to inspect the area in question and submit a factual as well as action taken report, if there is any violation found including assessment of environmental compensation and remedial measures to be taken to restore the damage caused to the environment.
14. The Committee is directed to consider the question of nature of damage caused to the mangroves and mudflats due to the activities of the sixth respondent and also on account of the construction of the bund preventing the flow of sea water in that area and the consequential damage caused to the mangroves and the mudflats and its effects on environment and eco- sensitive zone namely, the Coringa Wildlife Sanctuary and if there is any damage caused, the committee is directed to suggest and recommend the remedial measures to be taken to restore the damage caused to the environment apart from assessing the environmental compensation required for restoration of damage caused to the environment.
15. The committee is also directed to consider the question as to whether any activity of the sixth respondent has been 6 extended in the prohibited CRZ - I and CRZ - IA areas as alleged in the application.
16. The Regional Office, Ministry of Forest, Environment & Climate Change (MoEF&CC), Chennai will be the nodal agency for co-ordination and for providing necessary logistic for that purpose.
17. The applicant is directed to submit a set of papers to the members of the committee within a week.
18. The Registry is directed to communicate this order to the members of the committee by e-mail immediately so as to enable them to comply with the direction.
19. The committee is directed to submit the report to this Tribunal on or before 13.10.2020 by e-filing.
20. For appearance of parties, filing of response and also for consideration of report, post on 13.10.2020.
...................................J.M. (Justice K. Ramakrishnan) ..............................E.M. (Shri. Saibal Dasgupta) O.A. No.160/2020, 27th August, 2020. Mn.
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