National Green Tribunal
Kottayam Nature Society vs State Of Kerala on 2 December, 2021
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No. 04 & 05:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 117 of 2021 (SZ) &
I.A. No. 186 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Kottayam Nature Society,
Rep. by its Secretary, Dr. N. Unnikrishnan,
Srinilayam,
Koyyayam.
..Applicant(s)
Versus
State of Kerala,
Rep. by its Additional Chief Secretary,
Thiruvananthapuram and others. ...Respondent(s)
Original Application No. 184 of 2021 (SZ)
Abraham Mathew,
Kottayam ..Applicant(s)
Versus
State of Kerala,
Rep. by its Additional Chief Secretary,
Thiruvananthapuram and others. ...Respondent(s)
Date of hearing: 02.12.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
O.A. No. 117 of 2021
For Applicant(s): Mr. Sai Sathya Jith represented
Mr. P.B. Sahasranaman
For Respondent(s): Mr. E.K. Kumaresan for R1 to R4
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Mrs. Vidhalakshmi Vipin for R5
O.A. No. 184 of 2021
For Applicant(s): Mr. Sai Sathya Jith represented
Mr. P.B. Sahasranaman
For Respondent(s): Mr. E.K. Kumaresan for R1 to R3
Mrs. Vidhalakshmi Vipin for R4
ORDER
1. I.A. No. 186 of 2021 in O.A. No. 117 of 2021 has been filed by the 3rd party to come on record as a person interested in protecting environment and also against the allegations made by the original applicant regarding the activity undertaken by the Irrigation Department and other Departments.
2. We have appointed a Joint Committee and also Government is filing their independent statement regarding the allegations made and what is the nature of work they are doing. If the applicant in Interlocutory Application also wanted to support the Government only, in carrying out the flood mitigation activities, we do not think that there is any necessity to implead him but at the same time considering the environmental issue involved and if he wants to assist the Tribunal by giving suggestions as to how this can be scientifically done, he can be permitted to intervene and make his suggestions so that also can be considered by this Tribunal. So, instead of impleading the applicant in the interlocutory application, we feel that he can be permitted to intervene and assist the Tribunal by giving their 2 suggestions, so that those things can also be considered by this Tribunal. With the above directions and observations I.A. No. 186 of 2021 is disposed of.
3. In O.A. No. 184 of 2021 also Joint Committee has filed a report dated nil e-filed on 13.11.2021 which reads as follows:
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4. Some of the documents produced along with the report are in Malayalam. Though one of the Members can understand Malayalam, the other member cannot understand the same. Further, as per the National Green Tribunal (Practice and Procedure) Rule, 2011 they will have to produce the translated copy of the same in vernacular. Though, it is required to be official translated documents, at least parties can produce translated copy so that the Members can understand the gist mentioned in the documents to properly appreciate the case. When this was pointed out, the Learned Counsel appearing for the State of Kerala submitted that he will look into this and provide the translated copies.
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5. Further the statement of the facts filed by the 2nd respondent was not signed by the party respondent instead it was signed by the Learned Counsel which was also deprecated by this Tribunal in several matters but in spite of that same, the same is being repeated. When this was pointed out, the Learned Counsel appearing for the State of Kerala submitted that he will rectify this mistake as well.
6. The applicant filed objections to the Joint Committee report submitted in O.A. No. 117 of 2021. Learned Counsel for the applicant in O.A. No. 184 of 2021 wanted to file objection to the Joint Committee report. The short question that arises for consideration is whether the action of the official respondents in doing the remedial measure to avoid flood in Meenachil River is permissible or not and if it is permissible, is there any further direction to be given as to how this will have to be carried out. So, they are directed to file their objections and complete the pleadings on or before 16.12.2021 and get ready with the matter on 20.12.2021.
7. In the meantime, the intervenor in O.A. No. 117 of 2021 is also directed to file his submission in form or suggestions by serving copies to both the official respondents as well as original applicant, so that can also be considered while disposing the matter.
8. The Registry is directed to communicate this order to the official respondents for their information and compliance of the deficiencies pointed out in filing the pleading and rectify the same and take it as a guidance for filing statements in future as well as it is being repeated on 16 several occasions.
9. For consideration of objections, if any, to the Joint Committee report filed and suggestions, if any, to be filed by the intervenor and for consideration of reports and completion of pleadings, post on 20.12.2021.
....................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Dr. Satyagopal Korlapati) O.A. No. 117 2021(SZ) 2nd December, 2021. AM.
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