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National Green Tribunal

Tribunal On Its Own Motion Suo Motu Based ... vs Member Secretary State Wetland ... on 17 September, 2024

Item No.10:

              BEFORE THE NATIONAL GREEN TRIBUNAL
                   SOUTHERN ZONE, CHENNAI

                           (Through Video Conference)

                     Original Application No.91 of 2023(SZ)


IN THE MATTER OF:


Tribunal on its own motion SUO MOTU based
on the News Item in The Indian Express,
Newspaper dt: 30.06.2023, "Road being laid
inside marshland in Perumbakkam".

                                      And

The Chennai Metropolitan Development Authority (CMDA),
Rep. by its Member Secretary
Chennai and Ors.
                                                              ...Respondent(s)


Date of hearing: 17.09.2024.


CORAM:

HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER



For Applicant(s):         Suo Motu.


For Respondent(s):        Mrs. A. S. Manisha represented
                          M/s. Veena Suresh for R1.
                          Dr. D. Shanmuganathan for R2 to R4.
                          Mr. Sankaranarayanan, Senior Advocate a/w.
                          Mr. Allwin Godwin for R5.

                                   Page 1 of 3
                           ORDER

1. The District Collector had earlier filed a compliance report dated 22.09.2023, in which, the tabular column detailing the Perumbakkam Eri and building the road and about the marshland is provided. It is further stated that as per 1911 Revision Survey Resettlement (RSR) Paisathi Register, the Survey No.286/1 and 2 are classified as „Government Wetlands‟ and as per the UDR 'A' Register, the same survey numbers have been described as „Ryot Nanjai‟ and the pattadars names are given.

2. In the subsequent report dated 17.09.2024, the District Collector (Mr. S. Arul Raj) had stated that "as per the 1911 RSR record in respect of Perumbakkam Village in Chengalpattu District, Survey No.286 is a patta land wherein Ryotwari patta had been granted to private individuals. The aforesaid pattas are „Ryotwari pattas‟ and therefore, cannot be categorized as conditional pattas."

3. In this regard, we direct the District Collector - Chengalpattu to clarify the same and produce the documents in support of the above statement. In the meanwhile, it is to be noted that the marshland has not yet been surveyed by the Government.

4. Therefore, we also direct the Director - Survey and Settlements Department to do the survey of the entire marshland as per the revenue records in 1911 and file a report. Let the sketch be prepared based on the survey report so as to identify the entire marshland as in 1911 and the marshlands available as on date.

5. Post the matter on 18.10.2024.

Sd/-

Smt. Justice Pushpa Sathyanarayana, JM Sd/-

Dr. Satyagopal Korlapati, EM O.A. No.91/2023(SZ) 17th September, 2024. AD.