National Green Tribunal
Tribunal On Its Own Motion Based On The ... vs The Secretary To Govt. Of Tamil Nadu ... on 26 July, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.05:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 131 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
SUO MOTU - "Neem Trees dies as
Acid poured in Kodumudi"
...Applicant(s)
Versus
The Chief Secretary to Govt. of Tamil Nadu and Ors.
...Respondent(s)
Date of hearing: 26.07.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R5.
Mr. N. Sivaprakash for R6.
ORDER
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in Dinamalar Erode Edition dated 28.05.2021 under the caption "nfhLKbapy; Mrpl; Cw;wpajhy; fUfpa Ntg;gkuq;fs;" (Neem Trees dies as Acid poured in Kodumudi).
2. It was alleged in the newspaper report that five well grown Neem Trees standing in front of a Private Hospital near Kodumudi Old Bus Stand which were providing shade for the people who are coming there apart from being used as a medicinal plant, were destroyed by pouring acid by certain anti social persons. On account of the same, these trees were almost charred and in pathetic condition.
3. Considering the nature of allegations made in the newspaper report, this Tribunal was satisfied that there arose a substantial question of environment and admitted the matter and thereafter, directed the District Collector, Erode District with the assistance of District Forest Officer, Erode Forest Division to look into the issue and submit a report regarding the issue, action taken, and also the mechanism evolved for preventing such incidents in future and the measures taken for rejuvenating the damaged trees on account of the incident and submit a report to this Tribunal and posted the case to today for appearance of parties, filing independent response and also for consideration of report to be filed.
4. When the matter came up for hearing today through Video Conference, Dr. D. Shanmuganathan represented respondents 1 to 5 and Mr. N. Sivaprakash represented 6th respondent. So, service is complete.
5. We have received an affidavit submitted by the 6th respondent dated 26.07.2021 wherein, they have mentioned that on their enquiry, it was revealed that the incident occurred in front of P.P. Hospital near Kodumudi old Bus Stand and they have mentioned that trees are not coming within their jurisdiction and it belong to the State Highways Department, Kodumudi. Knowing about the same, they have informed to the Highways Department and the Highways Department have informed about the same to the police and the Kodumudi Police have registered a case in C.Sr. No.49/2021 of Kodumudi Police Station. They further mentioned in the affidavit that they will assist the Highways Department and also the Police Department in tracing out the real person and whatever action to be taken in this regard.
6. The 5th respondent/ Highways Department also filed a status report dated 23.07.2021, wherein, they have mentioned that on 24.04.2021, the Assistant Engineer of Highways Department lodged a complaint to the Inspector of Police, Kodumudi regarding the removal of barks from neem trees and pouring of acid, which resulted in damage and the police registered a case in C.Sr. No. 49 of 2021 and they have conducted the investigation.
7. It is mentioned in the report that they have not registered any crime case as such, but investigation is going on. It is also mentioned in the report that on enquiry, it was revealed that one Dr. Kamala Kannan of P.P. Hospital requested one Vadivel to cut and remove the trees and when he made an attempt to cut the trees, officials from the Highways Department prevented him from cutting those trees. It is also revealed from the report that one of the staff of the said hospital would have peeled the bark of neem trees and poured acid, which resulted in damage. They further submitted that they will take appropriate action against the hospital management.
8. The District Collector, Erode District along with the District Forest Officer also filed a detailed report signed by the District Collector on 22.07.2021, e-filed on 23.07.2021 and received on 2.07.2021 which reads as follows:-
The Assistant Divisional Engineer, Highways Department, Kodumudi is also instructed to contact the Inspector of Police, Kodumudi then and there for necessary action.
Herewith I submit the status report along with the copies of the relevant documents in supporting of the above averments for necessary orders."
9. It is seen from the report that those trees were damaged in such a way that rejuvenation is not possible. Under such circumstances, we feel that it is necessary to Suo Motu implead Dr. Kamala Kannan, Proprietor of P.P. Hospital, Kodumudi, Erode District as additional 7th respondent, who had allegedly committed the act. So, Dr. Kamala Kannan, Proprietor of P.P. Hospital, Kodumudi, Erode District is impleaded as additional 7 th respondent.
10. The Office is directed to carry out the amendment in the cause title.
11. The Registry is directed to issue notice to the newly impleaded 7th respondent by Registered Post with Acknowledgement Due along with the copy of the newspaper report, gist of the Suo Motu proceedings with full amended cause title and copy of the reports filed by the respondents 3, 5 & 6 for their reference and also to file a detailed statement regarding as to why action should not be taken against them.
12. Merely, taking criminal action is not sufficient for the damage caused to the trees and the expense required for replanting of such trees will have to be collected from the persons who are responsible for such heinous act.
13. In the mean time, the District Collector, Erode District in consultation with the District Forest Officer is directed to assess the cost to be recovered for replanting the damaged trees and also probable expense required, apart from imposing other penalty as per the guidelines and provisions given by the State of Tamil Nadu, as it was found by this Tribunal on enquiry that the private hospital was responsible for the same and they will have to be mulcted with the liability for the same as well, then it will be a lesson for others not to do such mischief in future.
14. The State Highways Department is also directed to file a report regarding the probable expense required for the purpose of protection of trees to be replanted and maintenance as well and they are directed to submit further report to this Tribunal in this regard.
15. The above said officials are directed to file their respective reports to this Tribunal on or before 27.08.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
16. The Registry is directed to communicate this order to the official respondents, especially to the above said officials namely, the District Collector, Erode District, District Forest Officer and the State Highways Department by e-mail immediately so as to enable them to comply with the direction.
17. For return of notice of the additional 7th respondent and for consideration of further report, post on 27.08.2021.
Sd/-
......................................J.M. (Justice K. Ramakrishnan) Sd/-
..............................E.M. (Dr. K. Satyagopal) O.A. No.131/2021, 26th July, 2021. Mn.