National Green Tribunal
T.M.Umashankar vs Union Of India on 6 September, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.01:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.196 of 2021 (SZ)&
I.A. No. 134 of 2021
(Through Video Conference)
IN THE MATTER OF:
T.M. Umashankar,
...Applicant(s)
Versus
Union of India and Ors.
...Respondent(s)
Date of hearing: 06.09.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Mr. Anitha Shenoy, Sr. Adv along with Mr. Ritwick
Dutta and Mr. Stanley Hezbon Singh.
For Respondent(s): Mr. G.M. Syed Nurullah Sheriff for R1.
ORDER
1. The above application has been filed by the applicant stating that the 5 th respondent is running integrated common hazardous waste treatment storage and disposal facility of Karnataka Waste Management Project illegally in plot no. 7 to 9 and 75 to 85 of Dobaspet Industrial Area, [1] Pemmanahalli and Thimmanayakanahalli village, Taluka Nelamangala, Bangalore, Rural District as a secured landfill facility of capacity 40,000 TPA with hazardous waste incineration facility of capacity 5.5 million kcal/hr against the environmental norms.
2. It is alleged in the application that they are running the unit without obtaining environment clearance as required under EIA Notification, 2006. It is also in violation of siting criteria issued by the Central Pollution Control Board and office memorandum dated 29.08.2016 issued by MoEF&CC in respect of establishment of such treatment facility. It is also in violation of the Thimanayakanhalli Reservoir Notification (TGR Notification) dated 18.11.2003 and also in violation of orders passed by the National Green Tribunal, New Delhi dated 26.09.2019. So, the applicant filed the following application seeking following reliefs:
i. Declare that the establishment of TSDF of the respondent No. 5 is illegal;
ii. Direct Respondent Nos. 1 to 4 to facilitate the closure of TSDF of the respondent no. 5;
iii. Direct respondent nos. 1 to 4 to initiate proceedings against the respondent no. 5 and its directors and officers incharge under the provisions of Environment (Protection) Act, 1986 and Hazardous and other waste (Management and Transboundary Movement) Rules, 2016;
iv. Direct a proper environment impact assessment be carried out by a Committee to be formed by this Hon'ble Tribunal to assess the impact of ICHWTSDF unit of respondent no. 5 on Thippagondanahalli reservoir which provides drinking water to the Bengaluru city and take all the preventive or remedial measures to prevent all forms of contamination and pollution to [2] water bodies;
v. Restrain the respondents from permitting further industrial development in the notified TGR catchment area in view of the provisions of the Notification dated 18.11.2003 issued by the State of Karnataka;
vi. Pass an order thereby imposing Environmental Compensation on respondent no. 5 under section 15 of the National Green Tribunal, Act, 2010 for causing grave and irreversible damage to the environment and ecology in that vicinity. Pass any other order deemed fit by this Hon'ble Tribunal in the interest of justice, equity and good conscience.
3. When the matter came up for admission today, Ms. Anitha Shenoy, Senior Advocate along with Mr. Ritwick Dutta and Mr. Stanley Hezbon Singh represented the applicant and Mr. G.M. Syed Nurullah Sheriff represented 1st respondent.
4. As regards certain prayers made in the application, we feel that without getting further details in the matter as to some extent it has been concluded as the litigation originally started by filing writ petition no.
51509/2016 and 52176-52179 of 2016 before the Hon'ble High Court of Karnataka against the establishment of this facility and running of this facility without obtaining environment clearance and those cases were transferred to National Green Tribunal by order dated 10.01.2019 where it was re-numbered as O.A. No. 654 of 2019 and after considering the report submitted by the Committee constituted by the Tribunal by order dated 26.09.2019 disposed of the matter without interfering with the functioning of the unit but directed the unit to comply with the law and requisite environment clearance must be obtained. They have been [3] directed to apply for the environment clearance within two months and directed the Appellate Authority to dispose of the same appeal pending in accordance with law without delay. which was challenged by the applicants in those cases before the Hon'ble Supreme Court of India by filing Civil Appeal (Diary) No. 522 of 2020 and the Hon'ble Supreme Court of India by order dated 17.12.2020 dismissed the appeal holding that even though the Learned Senior Counsel has made out a good point in law, it is difficult for us to interfere given the public interest involved. However, in so far as compensation is concerned, the appellants are free to knock at the doors of whichever forum in order to seek the aforesaid in public interest if so payable in law. So, as regards the interim injunction prayer is concerned, we are not inclined to grant at this stage and we are disposing I.A. No. 134 of 2021 filed by the applicant for such a prayer. With the above observation and direction I.A. No. 134 of 2021 is disposed of
5. However, Considering the issues involved and nature of violations alleged, we feel it appropriate to admit the matter subject to the orders already issued in this regard by the Principal Bench confirmed by the Hon'ble Apex Court unless further change of circumstances are made out by the applicant for varying from those findings. With the above observation the application is admitted.
6. Issue notice to the respondents by Registered post with acknowledgment [4] due and also by e-mail and Dasti, if possible and produce proof of service by filing proof affidavit as per Rules. The applicant is also directed to serve copy of the application to the standing counsel appearing for the official respondents within a week, so as to enable them to get instruction and file their independent response to avoid delay. The applicant is also directed to produce necessary requisite along with postal cover and postal stamp before this Tribunal within a week to issue notice to all the respondents through Tribunal to ensure service on them and proceed against them in their absence, if they did not appear in accordance with law.
7. In order to ascertain the nature of violations committed by the 5th respondent and also the question regarding the environment compensation, if any, to be imposed for the alleged violation said to have been committed by the 5th respondent, we feel if appropriate to appoint a Joint Committee consists of (1) a Senior Scientist from MoEF&CC, Integrated Regional office, Bangalore, (2) a Senior Scientist from Central Pollution Control Board, Integrated Regional office, Bangalore, (3) a Senior Scientist from Karnataka State Pollution Control Board and (4) a Senior Scientist from Indian Institute of Science, Bangalore to inspect the unit in question and submit a factual as well as action taken report, if there is any violation found.
8. The Committee is directed to ascertain (i) whether the 5th respondent [5] unit had committed any violation of environmental laws in establishing and running the unit without obtaining necessary permission and in violation of the direction issued by the Principal Bench in O.A. No. 654 of 2019, (ii) On account of the violation committed, is there any damage caused to the environment, (iii) if any damage has been caused, the Committee is directed to assess the environment compensation payable by the 5th respondent and also suggest the methodology by which damage caused to the environment can be restored.
9. The Karnataka State Pollution Control Board will be the nodal agency for coordination and also for providing necessary logistics for this purpose.
10.The applicant is directed to submit complete set papers to the members of the Committee within a week, so as to enable them to comply with the direction.
11.The Committee is directed to submit the report to this Tribunal on or before 29.10.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
12. The Registry is directed to communicate this order to the members of the Committee as well as official respondents by e-mail immediately, so as to enable them to file their report and also make their appearance and file independent response without delay.
[6]
13.For appearance of parties, filing independent response and also for consideration of report, post on 29.10.2021.
...................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Dr. K. Satyagopal) O.A. No. 196/2021(SZ) 6th September, 2021. (AM) [7]