National Green Tribunal
Mass Empowerment And Guidance ... vs The Kayalpattinam Municipality on 21 November, 2022
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 12 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Mass empowerment and guidance association
Reg No: 75/2016
Rep by its Secretary Mr. Mohamed Salihu
2C, Thaika Street, Kayalpatnam, Thoothukudi District,
...Applicant(s)
Versus
1. The Kayalpattinam Municipality,
Rep by its Commissioner,
Municipal Office, 49, Mutharamman Kovil Street,
Kayalpattinam- 628204
2. The District Collector,
Chairman,
District Coastal Zone Management Authority,
District Collectorate,
Thoothukudi.
3. The District Environmental Engineer,
Tamil Nadu Pollution Control Board,
C7 & C9, SIPCOT Industrial Complex, Meelavittan,
Thoothukudi.
4. The Tamil Nadu Coastal Zone Management Authority,
Rep by its Director,
Department of Environment,
No.1, Jeenis Road, Panagal Building,
Ground Floor, Saidapet,
Chennai- 600015.
5. Director of Municipal Administration,
No. 78, Urban Administrative Building,
Santhome High Road,
Chennai- 600028.
...Respondent(s)
For Applicant(s): Mr. A. Yogeshwaran
For Respondent(s): Mr. Saravanan for R1.
Dr. D. Shanmughanathan for R2 and R4.
Mr. Sai Sathya Jith for R3
Judgment Reserved on: 11th November, 2022.
Judgment Pronounced on: 21st November, 2022.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
1
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. The above original application relates to the construction of a structure to function as a micro compost yard inside the inter tidal zone at Kayalpattinam south village which is a beach poromboke land.
2. The applicant contends that as per the CRZ notification, 2011 dumping of waste in the CRZ area other than the permitted activities in the inter tidal zone and construction of any structure is prohibited. Unfortunately, the 1st respondent has constructed the structure to function as micro compost yard within the inter tidal zone. The micro compost yard does not require a water front facility. Therefore, it should not have been constructed on the foreshore. A representation was sent to the authorities on 24.10.2020 and a reply was received from the Tamil Nadu Coastal Zone Management Authority (TNCZMA) directing the District Collector and Tamil Nadu Pollution Control Board to take action. However, no action was taken and the illegal structure continues blocking the natural drainage outlet into the sea.
3. Admittedly, the Pollution Control Board also had not issued any authorisation under the Municipal Solid Waste (MWS) Rules for such illegal construction. However, it is stated that though the structure was erected, it has not been put to use by the 1st respondent. Nevertheless, if the construction is put to use for the purpose for which it is constructed there will be contamination of the fragile coastal area due to dumping of waste which would be in utter violation of laws, besides causing more damage. Hence, the application was filed seeking a direction to demolish the illegal structure.
4. The 1st respondent who is the Commissioner, Kayalpattinam Municipality has filed its reply statement. In the reply, it is stated that there is no prohibition for setting up of solid waste disposal under the CRZ Regulations, 2011 or under CRZ Regulation, 2019. Further, the 1st respondent had not proposed to dump any solid waste in the subject site and it was proposed to dispose the waste as per the Rules, 2016. Further, it is stated in the report that the subject construction is to treat 0.5 metric tonnes per day which is less than the 05 metric tonnes per 2 day for which permission from the State Pollution Control Board is required under the rules.
5. The District Collector, Thoothukudi District, who is the 2nd respondent, has filed its report dated 01.03.2022 in which it is stated that the micro compost yard is located in the un-surveyed poramoboke land near the seashore which is a shed with aluminium sheet roof and is measuring 15m x 06m in size. The processing capacity of the micro compost yard is 0.50MT per day. The report further stated that the micro compost yard is located within the CRZ area. The exact location of the micro compost yard (on-site compost centre) within the CRZ area, as to whether the site is located in between HTL and LTL or is located outside HTL can be identified only if the project layout is super imposed on the CRZ map indicating the HTL and LTL demarcated by the authorised agency.
6. The District Collector has further stated that an application for CRZ clearance for this micro compost yard has been submitted on 29.07.2021 which was returned for want of additional particulars. Thereafter, the said application is not submitted yet.
7. The 3rd respondent, who is the District Environmental Engineer, Tamil Nadu Pollution Control Board, Thoothukudi had also filed its report on the same line as that of the District Collector.
8. The 4th respondent, who is the Tamil Coastal Zone Management Authority, has filed his reply dated 02.03.2022. in this report, it has been stated that in O.A. No. 278 of 2017 filed before this Tribunal by one John Fernandez against establishment and operation of the unit, M/s. Nanjil Sea Food at Mulluthurai, Kanyakumari District, this Tribunal had given a direction on 09.09.2021 to demolish the unauthorized construction. Based on the order, the District Collector, Kanyakumari District had directed the Assistant Director of Village Panchayat, Nagercoil to take necessary action for demolishing the building as per the decision taken by the DCZMA for Kanyakumari District in the 90th meeting held on 02.12.2021. As the present case is also a similar one the CZMA has requested to give a direction to the District Collector, Thoothukudi to take appropriate action on demolition of the illegal construction.
39. When admittedly the micro compost yard (on-site compost centre) is located within the CRZ area which is impermissible under the CRZ Regulation, 2011 and 2019, the same has to be removed forthwith. Accordingly, the District Collector, Thoothukudi, who is also the Chairman of District Coastal Management Authority, is hereby directed to take appropriate action to demolish the illegal construction on the prohibited area of the coastal zone.
10. In view of the above, the District Collector is directed to demolish and remove the illegal construction of the micro compost yard (on-site compost centre) constructed in the CRZ zone at beach poramboke land within the inter tidal zone at Kayalpattinam south village and remove the debris and restore the area to its previous pristine state. The said action should be completed within a month and report compliance to this Tribunal.
11. For reporting compliance, post the matter on 6th January, 2023.
...........................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.11/2021(SZ) 21st Novemer, 2022. (AM) 4 Before the National Green Tribunal Southern Zone (Chennai) O.A. No. 12 of 2021 Mass Empoverment and Guidance Association.
Vs. The Kayalpattinam Municipality and Ors.
O.A. No. 12/2021(SZ) 21st November, 2022. (AM) 5