National Green Tribunal
Saravanan Dakshinamurthy S/O. ... vs Union Of India, Rep By Its Secretary, ... on 6 July, 2022
Bench: Adarsh Kumar Goel, K. Ramakrishnan, Satyagopal Korlapati
Item Nos. 03 to 06 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 14/2017 (SZ)
(With report dated 05.07.2022)
Meenava Thanthai K.R. Selva Raj Kumar
Meenavar Nala Sangam Applicant
Versus
The Chairman, National Coastal Zone Management
Authority, Govt., of India, MoEF&CC
New Delhi and Ors. Respondent(s)
With
Original Application No. 16/2017 (SZ)
Saravana Dakshinamurthy Applicant
Versus
Union of India and Ors. Respondent(s)
With
Original Application No. 38/2017 (SZ) (TPB)
Ashwini Kumar Applicant
Versus
Union of India and Ors. Respondent(s)
With
Original Application No. 40/2017(SZ) (TPB)
P. Soma Sundaram Applicant
Versus
Union of India and Ors. Respondent(s)
1
Date of hearing: 06.07.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
HON'BLE PROF. A SENTHIL VEL, EXPERT MEMBER
Item No.3:
Applicant(s): Mr. G. Stanley Hebzon Singh & Mr. K. Mageshwaran.
Respondent(s): Mr. G.M. Syed Nurullah Sheriff for R1 & R14.
Mr. Kumaresan, A.A.G. for Fisheries Department.
Dr. D. Shanmuganathan for R2 to R5, R7 & R8.
Mr. S. Sai Sathya Jith for R6.
Mr. Krishna Ravindran for R9.
Mr. Vasudevan for R10.
Mr. S. Raghunathan for R12.
Item No.4:
Applicant(s): Mr. A. Yogeshwaran.
For Respondent(s): Mr. G.M. Syed Nurullah Sheriff for R1.
Dr. D. Shanmuganathan for R4.
Mr. Krishna Ravindran for R5.
Mr. S. Vasudevan for R6.
Mr. S. Raghunathan for R7.
Mr. D.S. Ekambaram for R8.
Mr. S. Sai Sathya Jith for R9.
Item No.5:
For Respondent(s): Mrs. Me. Saraswathy for R1.
Dr. D. Shanmuganathan for R3.
Mr. S. Sai Sathya Jith for R4.
Mr. Krishna Ravindran for R5.
Mr. S. Raghunathan for R8.
Mr. S. Vasudevan for R9.
Item No.6:
For Respondent(s): Mrs. Me. Saraswathy for R1.
Mr. D.S. Ekambaram for R4.
ORDER
The Issue raised - restoration of damage to the environment and compensation to fishermen affected by oil spillage due to collision of two ships on 28.1.2017
1. This order will deal with four Applications mentioned above as they relate to same issue arising out of collision of two cargo ships near Kamarajar Port on 28.01.2017. The applicants seek restoration of 2 environment in surrounding areas by clearing the oil pollutant from sea water, creek, Kosasthalaiyar River, Buckingham Canal, Mangroves Forest, Birds Sanctuary etc. with the help of the latest scientific technology and to compensate the victims of damage to the environment in the form of loss of livelihood of the fishermen operating in the area.
2. It will suffice to refer to the pleadings in the first matter, the issue being same. Kamarajar Port Limited is located at Coromandel Coast near Ennore, Chennai and is engaged in shipping of Thermal Colas, Iron Ores, LNG, POL, Chemicals, Crude and other bulk and rock minerals. It primarily handled thermal coal with two berths but evolved itself into a full-fledged port with capacity to handle wide range of products. There are 21 fishery villages located in and around the Ennore area and the inhabitants are entirely depending upon the sea for their livelihood. The port is within the Kosasthalaiyar river. An accident took place around 4.00 a.m. on 28.01.2017. Two Cargo Ships M.T.BW Maple and the M.T. Dawn Kancheepuram collided just about 2 nautical miles from the Kamarajar Port. M.T.BW Maple ship came to the Kamarajar port with 18,844 tones of Butane and Propane (LPG) and after downloading the chemical gas, left the port on January 28th. The cargo ship M.T.Dawn Kancheepuram entered the port at 04.00 a.m. carrying with petrol and collided with cargo ship. As a result, there was leakage of oil which spread over the sea area, particularly sea shore of Pulicat, Ennore, Ernavore, Ramakrishna nagar, Nethagi nagar tsunami kudiyirupu, Thiruvotriyur, Tolgate, Kasimedu villages etc. Further Creek, River, River Bed of the Kosasthalaiyar River, Buckingham Canal, Mangroves Forest, and Birds Sanctuary etc., towards North and upto Thiruvanmiyur (West).
This area was polluted with oil contents. The wealth of the Sea, 3 Organism, Micro-organism, Fish, other sea foods in and around these polluted area are vanished.
Procedural History
3. The application was filed on 31.01.2017 and came up for hearing on 01.02.2017, the Tribunal issued notice to the respondents and also directed CPCB and State PCB to inspect the entire place affected by the oil leakage and furnish a status report with regard to remediation measures. The parties impleaded to the application include the Port, District Magistrate, State PCB, State of Tamil Nadu, Ministry of Shipping and the owners of the Ships - M.T. Dawn Kancheepuram and M.T. BW Maple. CPCB was added as a party by the Tribunal suo-motu.
4. The matter has been dealt with in the last five years by several orders in light of stand of the parties and factual reports furnished in pursuance of directions of this Tribunal. It is not necessary to refer to all the orders and pleadings. It will suffice to refer to the some of the orders and stand of the parties which are found necessary for passing the present order.
5. Vide order dated 26.04.2017, the Tribunal noted the stand of the Ministry of Shipping with regard to steps taken for remediation of the affected areas. The Tribunal also noted that the Department of Fisheries, Tamil Nadu tentatively assessed the loss to be Rs. 135.35 crores. The Tribunal noted the contention that the sludge recovered was required to be disposed of in environmentally friendly manner. It was also noted that the Madras High Court has taken up the issue of determining compensation on 'Polluter Pays' principle.
46. Vide order dated 20.09.2017, the Tribunal noted that three Districts were affected and more than one lakh persons have lodged claims for compensation.
Madras High Court judgement on the issue of compensation
7. The Madras High Court vide judgment dated 12.04.2018 in W.P. No. 8249 of 2018, Meenava Thanthai K.R. Slevaraj Kumar Vs. The Secretary to Government & Ors. dealt with the prayer of the victims for compensation. It noted that a compromise was arrived at between the two shipping companies to pay Rs. 240 crores as compensation towards the claim of the State Government. Out of the said amount, Rs. 141 crores was deposited towards the claim of the Fisherman. Rs. 15 crores was separately deposited and for the remaining, bank guarantee for Rs.
84 crores was furnished. Rs. 10 crores was towards restoration of environment. High Court further noted that a Six Member Committee under the Chairmanship of Additional Director of Fisheries was formed to suggest manner of disbursement of compensation. Some of the relevant observations from the said order are reproduced below:-
"xxx ....................................xxx.................................xxx
18. Non-disbursement of compensation has been brought to the notice of this Court. Though Section 26 of the National Green Tribunal Act, 2010, envisages penal action, for non-compliance of the order or decision of the National Green Tribunal (South Zone), Rs.141 crores has now been deposited with the Government by the insurers of the ships involved and meant for disbursing the same to the above said category of persons. As on date, National Green Tribunal (South Zone) is not functioning. About 1,12,051 applications have been received. We cannot expect all the applicants to move the Principal Bench at Delhi, for suitable orders. Government have already constituted a Committee, which has submitted its report. Government is stated to be scrutinizing the report of the committee. Blank data format has already been prepared for de-duplication. Taking note of the orders of the National Green Tribunal (South Zone), extracted supra and of the fact that responding to the directions, steps have been taken, though claim of the petitioner is in the nature of public 5 interest, on the basis of the representation, dated 10/5/2017, mandamus cannot be issued. However, having regard to the fact that large number of fishermen are affected, due to the collision of the ships and oil spillage, this Court, in exercise of the powers under Article 226 of the Constitution of India, entertains the suo motu Public Interest Litigation, based on the information.
19. It is submitted that the Director of Fisheries is the competent authority, to disburse the compensation to the eligible persons, and he is not a party. To enable disbursement by a competent authority, in exercise of powers under Article 226 of the Constitution of India, we suo motu implead the Director of Fisheries, Chennai, as ninth respondent.
20. Inasmuch as the report has already been submitted by the Secretary to the Department, Fisheries Department, second respondent, we direct scrutiny and approval be granted, as expeditiously as possible. Preparation of de- duplication process be completed as expeditiously as possible. Disbursement of due compensation to those eligible be done by the Director of Fisheries, Chennai, within four weeks from today.
21. With the above directions, suo motu, public interest writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed."
Hearing today, consideration of rival submissions and final order
8. In the light of above background, we have heard learned Counsel for the parties on the issue of surviving issue to be dealt with. As suggested by learned Counsel for the parties, only documents which need consideration are of the written submissions of the applicants and the status report filed by the Fishing Department of Tamilnadu.
Applicants note
9. Surviving claim of applicants has been summed up in the written note as follows:-
"I. Direct the Violators to pay Rs. 2,00,000/- per head to the persons who are directly into the profession of Fish and Rs. 1,00,000/- per head to the persons who sells the fish at sea shore in the district of Thiruvallur, Kanchipuram and Chennai. An about 1,12,051 verified applications have been received by the Government so far.
II. Impose exemplary compensation on the violators for the damage caused to the coastal environment and loss of bio-6
diversity. The present report as well as the letter dated 06.02.2017 issued by Department of Environment and Forests, Tamil Nadu has observed that massive damage to the Environment, Coast and Marine Aquatic life as death of sea fish, Turtles Etc. Annexed as Annexure-A/3.
III. Initiate penal actions against the authorities and the shipping companies for the degradation of coastal ecosystem of three districts of Tamil Nadu.
IV. Direct the Committee to analysis the sea water samples from the surface of the sea as well as from the bottom of the sea to ascertain the true impact of the oil spillage.
V. Constitute a high level committee to monitor the remediation and restoration process."
Status report of the Fisheries Department
10. Status report has been filed by the Fisheries Department on 05.07.2022 giving the details of the assessment of loss suffered by the Fishermen. In terms of orders of this Tribunal, affected persons were to file claims upto 10.08.2017. Considering such claims, compensation of Rs. 141 crores was released against total compensation of Rs. 240 crores in terms of agreement between the fishing companies and State on behalf of fishermen. Compensation was recommended to the maximum of 50 percent of assessed value of loss to the owners of mechanized fishing boats and crafts and 80 percent of assessed value of loss as given in the Table 1. Relevant extracts from the status report of the Fisheries Department are reproduced below:-
"2. It is submitted that 18 teams have been constituted with Fisheries Department officials in order to assess the exact quantum livelihood loss suffered by various sectors such as Fishing labourer, Fisherwomen in allied activities, allied activity labourer, Fish vendors, owners of Motorized boats, Non-motorized boats and Mechanized boats.
3. It is submitted that claim forms duly approved by the Insurance Company of the Shipping companies were distributed to individuals of above sector and fishermen Cooperative Society members.
4. It is submitted that, based on the above team report, claims were consolidated for each category and a proposal was sent to 7 Government for Rs.230.078 Crore for providing compensation to 1,12,051 affected fishermen. Accordingly, the Government of Tamil Nadu preferred a claim for compensation relief assistance of Rs.230.078 Crore.
5. It is submitted that considering the time delay in getting compensation from insurance companies and as a measure to provide immediate relief to the affected fishers, the State Government vide Government Order (Ms).No.58, Animal Husbandry and Fisheries (FS3) Department dated 03.03.2017, sanctioned a sum of Rs.15 crore to provide immediate relief at the rate of Rs.5000/- each to the 30,000 affected fishermen families on 08.11.2017 and the same was released by the Insurer of the Shipping company on 08.11,2017.
6. It is also submitted that, in the meantime, petitions were filed before this Hon'ble Tribunal by Meenavar Thanthai Selvaraj Kumar in Original Application No. 14 of 2017. This Hon'ble Tribunal directed the Fisheries Department to permit the affected persons to make their claim up to 10.8.2017 and make required study, conduct enquiries to arrive at an appropriate quantum of compensation to be recovered from the ship owners.
7. It is respectfully submitted that, based on the directions of this Hon'ble Tribunal, a team with the officials of the Fisheries Department was constituted to receive the applications from the affected fishermen who have not filed their claim earlier. Based on the scrutiny of applications received on the direction of this Hon'ble Tribunal, 2,442 applications were accepted and revised compensation proposal for Rs.240.07 crore to the affected 1,11,448 fishermen of Tiruvallur, Chennai and Kanchipuram coastal districts has been arrived and submitted to this Hon'ble Tribunal.
8. It is respectfully submitted that, as per the orders of Hon'ble High Court, W.A.No.537 of 2018 and CMP. 5302 of 2018, the owners of the Shipping companies shall deposit Rs.141 crore towards the various claims preferred by Government of Tamil Nadu for a sum of Rs.240 crores including the eco restoration and to secure remaining claims out of Rs.240 crore arrange for the execution of Bank guarantee for a sum of Rs.84 crores. Accordingly, the Shipping Companies have released an amount of Rs.141 Crores (including Rs.10 Crore for Ecosystem restoration works) on 28.03.2018. And also, an irrevocable Bank Guarantee worth Rs.84 crore was obtained from the Shipping companies as per the directions of this Hon'ble High Court of Madras.
9. It is also submitted that a relief Recommendation Committee was constituted by the Director of Fisheries to disburse the relief amount of Rs.141 crore received from the insurer of companies under the Chairmanship of Additional Director of Fisheries / Managing Director of Fisheries, TAFCOFED. The Relief Recommendation Committee analyzed the compensation proposal of the Government of Tamil Nadu forwarded to Shipping companies in detail and recommended the following compensation package to the affected fishermen in the first phase, considering the 8 release of compensation amount limited to Rs.141 crores by the insurers of Shipping Companies as against the total compensation of Rs.240 Crores. The Relief Recommendation Committee has recommended limited compensation to the categories of Owners of recommended Mechanized Fishing Boat, Motorized Fishing Crafts and Non-motorized Fishing crafts to the maximum of 50% of the assessed value of livelihood loss and for the categories Fishing labourer, Fisherwomen in Fisheries allied activities, Allied activity labourer, Fish vendors, limited to the maximum of 80% of the assessed value livelihood loss as given in the Table:1 below.
Amount restricted Total claim
based on amount amount
Total no of released by recommended
Affected Category
claims Shipping Company (In lakh)
(in Rs/Unit)
MFB (Category I)
Mechanised Fishing Boat 922 35,000 4,869.60
Owner
FRP (Category II)
Motorised boat 6,916 20,000 4,714.50
Owner
15,000
Catamaran (Category
I) Non Motorised boat 2,467 909.00
owner
Society members (FCS)
40,580 12,000 188.50
/Fishing Labourer
Society members (FWCS)
Fisherwomen in allied 47,145 10,000 322.70
activities
Vendors - Fish Vendors 9,090 10,000 1,383.20
Allied Activities - Labours 1,885 10,000 370.05
Additional members
included as per NGT 2,442 10,000 244.20
direction
TNFDC 1 20 lakh 20.00
Total 1,11,448 13,021.75
Restoration measures
1,000.00
Contingency
12.00
Grand Total 1 11,448 14,033.75
9
10. It is submitted that since the Insurance Company has released only Rs.141 crores against the total claim of Rs.240 crores, based on the recommendation of Relief Recommendation Committee, the Assistant Director of Fisheries, Thiruvallur, Chennai and Kancheepuram districts have collected individual beneficiaries' information such as Aadhar card, Bank Account details, address proof, etc. and all these data were de-duplicated in order to avoid multiple payments to the beneficiaries. It is submitted that the Compensation amount was paid only to the eligible beneficiary after due verification and the compensation amount has been directly transferred to the Bank Account of beneficiary through ECS. The Department has followed the best possible procedure to ensure the transparency in the disbursement of Oil spill compensation to the beneficiaries.
11. It is submitted that, based on the Relief Recommendation Committee constituted under the chairmanship of Additional Director of Fisheries (Marine), and based on their recommendation, the first phase relief amount was disbursed to the applicants is detailed in the Table:2 below:
Table:2 Total claim Amount Total no of Recommended Affected Category claims (In lakh) MFB (Category I) Mechanised Fishing 916 320.48 Boat Owner FRP (Category II) Motorised boat Owner 5,073 1,014.48 Catamaran (Category I) Non Motorised 314 47.10 boat owner Society members (FCS) Fishing Labourer 43,672 5,240.64 Society members (FWCS) Fisherwomen in Fisheries allied activities 44,760 4,476.00 Vendors - Fish Vendors..
7331 733.10
Allied Activities - Labours
1720 172.00
Additional members included as per NGT
direction 941 92.60
TNFDC
1 20.00
Total
1,04,728 12,116.4
Restoration measures
1,000.00
Contingency
12.00
10
Grand Total
13,128.40
12. It is respectfully submitted that out of 1,11,448 applications, relief assistance of Rs.121,16.40 lakh has been disbursed to 1,04,728 beneficiaries, 6,720 applications were rejected after de-
duplication and scrutiny of documents. Thorough scrutiny of application and document verification were done before disbursement of compensation to 1,04,728 beneficiaries accounts as Direct Benefit Transfer (DBT).
13. It is submitted that 1,04,728 eligible members who are affected by the oil spill have received first phase compensation amount of Rs.13,128.40 lakh and the remaining compensation amount of Rs.7,211.14 lakh have to be paid to affected fishers from the available bank guarantee amount of Rs. 8,400.00 lakh. The detailed breakup of the remaining compensation amount of Rs.7,211.14 lakh is given in the Table: 3 below:
Table:3 Amount to be Original claim Amount Disbursed disbursed from Bank guarantee Affected Amount to Category Total Amount be Total no claim No of Disbursed No of Disbursed of claims amount claims (Rs. in claims as per (Rs. in Lakh) Lakh) committee (Rs. in Lakh) MFB 922 2,496.29 916 320.48 916 2,161.76 (Category I) Society 49,963 10,699.5 49,059 6,302.22 49,059 4,415.31 members (FCS)/ fishing labourers Society 47,145 8,646.64 44,760 4,476.00 44,760 3,580.8 members (FWCS)/fisher women in allied activities Vendors 9,090 1,315.81 7,331 733.10 7,331 293.24 Allied 1,885 416.35 1,720 172.00 1,720 172 Activities Additional 2,442 369.24 941 92.60 941 28.23 members included as per NGT direction TNFDC 1 63.40 1 20.00 1 43.4 Total 1,11,448 24,007.23 1,04,728 12,116.4 1,04,728 10,694.74 11 Interim relief 1,500.00 amount disbursed to fisherfolk families Contingency 12.00 Restoration 1,000.00 measures Unspent amount 971.6 Amount required 7,211.14 from the available bank guarantee
14. It is submitted that, in compliance to the order of this Hon'ble Tribunal, dated 26.04.2017 in Application nos. 14, 16, 38 & 40 of 2017, a report was submitted this Hon'ble Tribunal based on the site inspection dated 29.6.2017 by a Joint Committee comprising of officials from TNPCB, MoEFCC and Fisheries. During that inspection the committee visited 25 contaminated sites to verify the status and found that there was no deposit of oil residue. During the earlier inspection on 29.6.2017 following recommendations were given by the committee and the status of implementation was verified by the present Joint Committee during the visit dated 6.8.2020 and are given in the Table:4 as below:
Table:4 Recommendation dated SL No Committee Remarks 29.6.2017 1 Authorization under the 1. Tamil Nadu Pollution Control provisions of Hazardous Board (TNPCB) had accorded Wastes Management, authorization under Hazardous Handling and and Other Wastes (Management and Transboundary) Rules, Transboundary Movement) Rules 2016, vide 2016 needs to be obtained Authorization No.17HFC8126640 dated:
from TNPCB for the bio- 15.2.2017 to dispose the oily waste through remediating oil the process of bio-remediation developed by contaminated sand.
M/s. Indian Oil Corporation Limited [IOCL] using Oilivorous Bacteria.
2. Accordingly, about 184.42 MT of material consisting of sludge oil mixed with (159.35 KL) and oil contaminated sand (25.075 MT) was treated using bio-
remediation, by M/s. IOCL. Subsequently, For phase treatment, the KPL has obtained authorization under Hazardous and Other 12 Wastes (Management and Transboundary Movement) Rules 20 16, for the disposal by bioremediation of the balance quantity of the oily wastes and oil contaminated sand from TNPCB vide Authorization No.19HRC27210863 dated 16.09.2019 for treating (i) 55 KL of oily sludge and (ii) 225 T of oil contaminated sand lying in the port bybio-remediation using Oilivorous bacteria developed by M/s.
Indian Oil Corporation Limited. (iii) 15T of the solidwaste mixed with the contaminated sand for disposal through TSDF for incineration.
3. Now the second phase bioremediation of oily waste of about 55 KL and oil contaminated sand of about 225 MT process is in progress.
2 Damaged poly-ethylene liners 1 . T h e d a m a g e d P o l y e t h y l e n e liner at at the periphery of the bio- periphery of Bioremediation site was replaced remediation site should be immediately and process was completed in replaced at the earliest. September 2017.
2. Now the second phase bioremediation of oily waste of about 55 KL and oil contaminated sand of about 225 MT process is in progress.
3 Dedicated closed sheds 3. As directed by the Committee, dedicated wi th impervious concrete closed shed with impervious lining was lining shall be provided for provided for the storage of oil storage of balance quantity of contaminated sand. The oily sludge was oily sludge as well as stored in leak proof plastic barrels of oil contaminated sand. The various sizes and the same were kept shed shall be equipped with covered with plastic sheets and placed on Adequate fire safety concrete surface. Regular monitoring of the arrangements in order to meet barrels was carried out. The bio- any exigency. remediation pit and the shed are located adjacent to KPL fire station, where fire tender, fire extinguishers and crew are available round the clock. Personnel are deployed to continuously monitor the bioremediation site on regular basis.
4.. The oil contaminated sand stored in the shed and the oily sludge stored in the barrels are put in a pit and is being treated by bioremediation process, and the shed was now dismantled and removed.
4 Empty buckets, empty 1. Authorization under Hazardous and barrels, sintex tanks used Other Wastes (Management and for collection of oily Transboundary Movement) Rules 2016 sludge, sand contaminated was obtained from Tamil Nadu Pollution 13 with oil residues, HDPE bags, Control Board (TNPCB) vide gunny bags soiled with oily authorization No.17HFC8126640 dated residues, used gum boots & 15.2.20 17. As per Clause 13 under other oil contaminated Additional Specific conditions, the waste personnel protective barrels/ drums were disposed to TSDF, equipment, oil Gummudipoondi.
contaminated absorbent booms/ absorbent pads and 2. The balance quantity of the solid wastes fishing nets with oily was stored in a covered shed adjacent to deposits are to be the bio-remediation pit. Authorization considered as Hazardous was obtained from TNPCB Wastes and au th or i z a ti o n under Hazardous and Other Wastes h as to be ob tai n e d a t th e (Management and transboundary e arl i es t an d th e was te Movement) Rules 2016 vide n eed s to be D is p ose d Authorization No. 19HRC27210863, im me d i a tel y. F u r th er, dated: 16.09.2019 for the second De d ic a te d cl ose d s h eds phase of bioremediation wi th im pe rv iou s con cre te process. Accordingly, the oil contaminated l in in g sh al l be pro vi de d f o r s to r ag e of th es e m a te r i al s 5 Bio-remediation site required During the 1st phase of bio-remediation to be fenced and display sign fencing a long with display boards were boards needs to be kept for erected and later removed. Agreed to make every 30 meters along the fencing for the second phase also. periphery of the site. Kreb wall around the periphery of the site shall be constructed immediately.
6 Total Petroleum 1. The 1st phase bioremediation Hydrocarbons content in was initiated on 06.02.2017 by the oily sludge& oil M/s.Indian Oil Corporation Limited. contaminated sand which is Subsequently at every 15th day, the being bio-remediated should composite soil samples were taken be continuously monitored. from the site and analyzed for Total Petroleum Hydrocarbons and Polycyclic aromatic hydrocarbons content.
2. The final report on "Bioremediation of oil sludge and oil contaminated sand from Ennore Port, at Kamarajar Port Limited (KPL), Chennai" submitted by IOCL, Faridabad was forwarded to TNPCB by KPL 7 Total Petroleum Hydrocarbons 1. During the Phase-I Bio- content in the ground water Remediation process, for Samples and soil samples monitoring of ground water contamination, needs to be analyzed by M/s 12 peizometric KPL through a MoEF&CC wells were installed around recognized laboratory. the pit having a depth of 20 feet. Water samples were analyzed for oil content and heavy metals. The analysis results are given in the report submitted by M/s. IOCL, the final report on "Bioremediation of oil 14 sludge and oil contaminated sand from Ennore Port, at Kamarajar Port Limited (KPL), Chennai.
KPL monitored ound water through M/ s.
Richardson & Cruddas (1972) Ltd. [A Govt.
of India Undertaking], a recognized
laboratory, during the process of
bioremediation.
2. The reportof analysis revealed that oil and grease and petroleum hydrocarbons in all the wells are Below detection Limit (BDL). The analysis reports along the final report submitted by M/s. IOCL was forwarded to Tamil Nadu Pollution Control Board vide our letter dated 08.01.2018.
15. It is also submitted that, the Joint Committee Inspection team noticed that the Authorities (M/s. Kamaraj Pvt Ltd and Indian Oil Corporation Ltd.) has implemented the recommendation of the committee report based on the inspection dated 29.6.2017 in its letter and spirit. The committee members carried out the inspection at 1st and 2nd phase of Bioremidial site in M/s Kamarajar Port Limited and the shoreline stretch of Ennore in Tiruvallur District. It is also observed that the parameters are within the limit and therefore no evidence of seepage of oil from the bioremediation site to the surrounding area.
16. It is respectfully submitted that the Oil spill incident has led to mortality of aquatic organisms and in certain cases profound impact on the physical status of these organisms. There is a remarkable decline in the quantity of fish catches consequent to the oil spill particularly in near shore areas. Aquatic resources need to be enhanced in the Oil spill affected districts which would enable enhancement of livelihood of Fishers, As a measure to restore ecosystem, out of the total amount of Rs.141 Crore released by the Insurer of the Shipping companies an amount of Rs.10.00 Crore has been included towards restoration of marine ecosystem in the three districts affected due by oil spill incident. The said amount has been allocated for fabrication and installation of artificial reefs in 30 locations in the oil spill affected districts viz., Chennai, Thiruvallur and Kancheepuram. CMFRI has been entrusted with the Consultancy services and site identification and deployment has been completed. Now the condition in the affected area is normal.
17. It is submitted that the joint inspection committee has submitted the following conclusion.
15"During the visit no oil residue was noticed at the affected site and also the fishing activate are now in normal condition which was resumed soon after 2 to 3 months after the incident as per the data of Fisheries department, So far an amount of Rs.13128.40 lakh (including restoration amount) has been utilized and disbursed to fisherfolk. It is also noted that the port authorities and Indian Oil Corporation teams has successfully completed stage I of bioremediation process using IOC, R&D developed bioremediation technology, which was initiated on 6.2.2017 for treating 184 MT of oil sludge and oil contaminated sand. Now all the environmental parameters at the bioremediation site is found to be within the permissible limit and no contamination was observed in the site including ground water and soil quality, which was also evident from the analysis report. It is also noted that vegetation has started growing on the stage-I site, which is an indicator of good soil quality. Now for treating the balance oil sludge/oil contaminated soil, stage II bioremediation process is in progress and will continue till the Total Petroleum Hydrocarbon reaches to the permissible level (THP less than 1%). The committee observed that condition of the affected areas due to oil spill is now reaches to normal".
18. It is submitted that, the bank guarantee furnished for Rs.84 Crore by the Shipping Companies need to be kept alive until the release of balance insurance amount will be paid to beneficiaries. The details of disbursement of claims, the Shipping Companies has been informed vide Director of Fisheries letter No.2836/P3/2017 Dated 08.08.2019 that an amount of Rs.121.164 Crore was disbursed to 1,04,728 affected fishermen and details of category wise disbursement was furnished stating that the disbursement of remaining compensation is in progress. This information has been informed to the Shipping Companies through email dated 08.08.2019 also.
19. It is also submitted that the Shipping Companies' claim that all the claims including an account of loss of ecology, restoration cost, remedial measures etc., has already been taken care of by the deposit of Rs. 156 core and there are no further claims which are either pending nor arise in future and all the claims of different nature have been finally settled, cannot be sustained and Bank Guarantee executed in favour of Department of Fisheries, Government of Tamil Nadu cannot be returned because the original compensation preferred by Government of Tamil Nadu before the National Green Tribunal is for Rs.240 crores against which only Rs.156 crores has been released by the Shipping Companies towards compensation. Hence, to accommodate all the fishermen affected by the oil spill within the amount of Rs.156 crores released by the Oil Companies, the extent of compensation has been limited against the original claim.
20. Finally, it is submitted that if the Bank guarantee amount of Rs.84 crore executed in favour of Department of Fisheries, Government of Tamil Nadu is release at this point of time, there is no amount or guarantee or any other source to receive the 16 compensation amount from the Shipping Companies to release the balance compensation of Rs.72.11 crore claimed by the Department of Fisheries, Government of Tamil Nadu."
Tribunal's Finding and order
11. From the above, it is seen that compensation of Rs. 141 crores stands released against total compensation claim of Rs. 240 crores in terms of agreement between the fishing companies and State on behalf of fishermen, approved by the High Court which order has been acted upon and attained finality. Neither any material has been produced to substantiate higher claim nor it is possible for the tribunal to go beyond the order of the High Court. Thus, the Tribunal has to act within the purview of the said order. Thus, claim of the applicants beyond the order of the High Court cannot be accepted.
12. What remains is the claim for payment of unpaid amount of compensation available to the extent of verified claim and remediation/rehabilitation of ecological integrity. Remediation measures which remain to be taken in terms of status report may now be expeditiously completed, utilizing the amount already allocated for the purpose, in the interest of aquatic flora and fauna. Bank guarantees may be encashed and after deducting the amount to be appropriated towards restoration measures, the remaining unpaid amount be disbursed proportionately to the affected persons, already identified, but not exceeding the verified claim. This may be overseen by a joint Committee headed by the Principal Secretary, Fisheries, Tamil Nadu with Director Fisheries, Tamil Nadu and the District Magistrate, Chengalpattu as members. The Director, Fisheries, Tamil Nadu will be the nodal agency for coordination and compliance. The Committee will be at liberty to take assistance from any other individual/institution as may be found 17 necessary for executing the work. Since it is stated that there are some errors in calculations in Table 3 furnished in the status report of Fisheries Department, the same may be looked into by the Committee.
All the applications stand disposed of accordingly. If any grievance survives, it will open to the aggrieved party to take remedies afresh as per law.
A copy of this order be forwarded to Principal Secretary, Fisheries, Tamil Nadu, Director Fisheries, Tamil Nadu and District Magistrate, Chengalpattu by e-mail for compliance.
Adarsh Kumar Goel, CP K. Ramakrishnan, JM Sudhir Agarwal, JM Dr. Satyagopal Korlapati, EM Prof. A. Senthil Vel, EM July 6, 2022 Original Application No. 14/2017 (SZ) and other connected matters SN 18