National Green Tribunal
O. Fernandes Coconvenor Can Chennai vs The Union Of India Ministry Of ... on 1 April, 2014
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
APPLICATION No. 86 of 2014 (SZ)
In the matter of:
Shri O. Fernandes
Co-Convernor, Coastal Action Network
Saidapet, Chennai- 600 015. -- Applicant(s)
and
1) The Secretary to Government
Ministry of Environment and Forests
Paryavaran Bhavan, CGO Complex
Lodhi Road, New Delhi - 110 003.
2) The National Coastal Zone
Management Authority
Rep. by its Member Secretary
O/o. Ministry of Environment and Forests
Paryavaran Bhavan, CGO Complex
Lodhi Road
New Delhi - 110 003.
3) The Director
Department of Environment
Panagal Building, Saidapet
Chennai - 600 015.
4) The Member Secretary
Tamil Nadu State Coastal Zone
Management Authority
Panagal Building, Saidapet
Chennai - 600 015.
5) The Tamil Nadu Pollution Control Board
Rep. by its Member Secretary
Anna Salai, Chennai - 600 032.
6) The Chairman/District Collector
District Coastal Zone Management Authority
District Collectorate, Villupuram. Respondent(s)
Counsel appearing for:
Applicants: Shri A. Yogeshwaran, Advocate
Respondents: Smt. C. Sangamithirai, Advocate for Respondent No. 1 and 2,
M/s. M.K. Subramaniam and M.R. Gokul Krishnan, Advocates for
respondent Nos. 3, 4 and 6 and Smt. H. Yasmeen Ali, Advocate
for respondent No. 5
ORDER
Present:
1. Hon'ble Shri Justice M. Chockalingam Judicial Member
2. Hon'ble Prof. Dr. R. Nagendran Expert Member Dated: 1st April, 2014 (Hon'ble Shri Justice M. Chockalingam, Judicial Member) This application is brought forth seeking direction to the respondents and in particular to the 4th respondent, namely the Tamil Nadu Coastal Zone Management Authority (for short 'TNCZMA') to prepare Coastal Zone Management Plans in accordance with the Coastal Zone Management Regulation Notification, 2011 and also to conduct a public hearing in accordance with law after wide publicity and include the views of the stake holders. On admission of the application and notice, the respondents appeared. The TNCZMA was also heard. After looking into the averments in the application and also the replies filed by the 3 rd and 4th respondents, the Tribunal feels that it would be fit and proper to issue a direction as hereunder which would avoid the avoidable delay.
2) A public hearing in respect of the District Coastal Zone Management Authority of Villupuram District was scheduled to take place on 17.02.2014 and at that juncture the instant application was filed by the applicant herein alleging that the respondents had violated CRZ Notification, 2011 dealing with the preparation of Coastal Zone Management Plans as envisaged in Clause 6 of the CRZ Notification, 2011. Since it has not only taken into consideration the exhibition of its original plans of 1996 which were not uploaded in the website, but also had kept the common man in dark from raising objections at the time of public hearing. Being convinced with the case of the applicant, the Tribunal made an interim order on 06.03.2014 whereby the public hearing scheduled to take place on 07.03.2014 was stayed by an interim injunction. Thus, by the said order the original public hearing scheduled to take place on 07.03.2014 could not be held and it was necessarily to be postponed.
3) What is all required by the applicant is the preparation of the Coastal Zone Management Plans and also the conduct of public hearing in accordance with the CRZ Notification, 2011. Needless to say that the authorities shown as 3 rd and 4th respondents herein are duty bound to strictly adhere to the CRZ Notification, 2011 while preparing the Coastal Zone Management Plans and also conduct the public hearing and also the mandates stipulated therein. The counsel for the 3 rd and 4th respondents would submit that the public hearing would be scheduled in future only after making wide publicity that too after preparation of Coastal Zone Management Plan in accordance with the CRZ Notification, 2011. While doing so, the averments and allegations made by the applicant in the application and other observations made by the Tribunal at the time of granting the interim order should be taken into consideration.
With the above directions the application is disposed of. No cost.
(Justice M. Chockalingam) Judicial Member (Prof. Dr. R. Nagendran) Expert Member Chennai, 1st April, 2014