National Green Tribunal
Madayya S/O. Putta Maistry vs Gudalur Municipality on 28 February, 2017
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Application No.190 of 2015
Applicant(s) Respondent(s)
C.N. Prem Sagar 1. Gudalur Municipality Gudalur, The Nilgiris. Rep. by its Commissioner, Gudalur
2. Collector of Nilgiris, At Udhagamandalam.
3. District Forest Officer, Gudalur
4. Nillialam Municipality, Rep. by its Commissioner,
5. MoEF & CC, New Delhi Legal Practitioners for Applicant(s) Legal Practitioners for Respondents Mr.A.V. Ilango Mr. M.K. Subramaniam Mr.Ashok Kumar P. Velmani for R2 & R3 M/s.P.Srinivas & N.K.Ponraj for R1 Mr.Gokul Krishnan for R5 Application No.209 of 2015 M.A.No.323 of 2015 (to vacate stay) Applicant(s) Respondent(s)
1.Mr.Madayya, Gudalur Taluk Vs. 1. Gudalur Municipality rep. by the The Nilgiris District Commissioner, Gudalur, The Nilgiris District
2. Rajendran 2. The Executive Officer Devershola Panchayath
3. The District Collector Uthagamandalum
4. The District Forest Officer Gudalur
5. The District Environment Engineer, Tamil Nadu Pollution Control Board, Erode
6. The Chairman, The Tamil Nadu Pollution Control Board,Chennai
7. The Secretary, PWD, Chennai
8. The Secretary to Govt. Detpt. Of Environment & Forest,Chennai Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s.A.U.Ilango and Ashok Kumar Mr.P.Srinivas, N.K.Ponraj & R.Purushothaman for R1 Mr.M.K.Subramanian & P.Velmani for R3, R4 & R8 Mrs.Rita Chandrasekar for R5 & R6 Mr.E. Manoharan, Addl.G.P for R7 Note of the Registry Orders of the Tribunal Item No.10 Date: 28th February, 2017 &11 We have heard both sides. In our order dated 28.3.2016 we have explained as to how the lands in Survey Nos.230/1&3, 231/1 to 4, 232/2&3 and 232/B of Padanthorai Village can be treated as Forest Land under the Tamil Nadu Preservation of Private Forest Act, 1949 which attracts the Forest (Conservation) Act, 1980. This was again reiterated in our order dated 12.7.2016. Inspite of it, it appears that the Commissioner, Gudalur Municipality, being the user agency, has sent a proposal under the Forest (Conservation) Act, 1980 for diversion of 'zero' ha of Forest Land for Solid Waste Management at Gudalur Municipality. It is in those circumstances and rightly the Principal Chief Conservator of Forests in his communication dated 6.2.2017 has not considered the application, since the user agency itself has stated that it is the 'zero' ha Forest Land. In the said letter the Principal Chief Conservator of Forests has informed the Municipality that a revised proposal should be sent in accordance with Section 2 of Forest (Conservation) Act, 1980.
The learned counsel appearing for the Municipality would submit that the Municipality has now made an application to the District Collector under the provisions of the Tamil Nadu Preservation of Private Forest Act, 1949. Mr. E. Manoharan, learned Additional Government Pleader would submit that he would get instructions in this regard and in any event request the District Collector to pass appropriate orders in the manner known to law.
He has also informed this Tribunal that the Forest Department is taking appropriate action for prosecuting the concerned officials of the Municipality, as it is seen in the communication dated 13.01.2017. We make it clear that it is open to the Forest Department to initiate appropriate prosecution against the erring officials of the Municipality.
The respondents shall file reply by the next date of hearing. Mr. Syed Nurullah Sheriff, learned counsel appearing for the MoEF undertakes to file reply on the next date of hearing.
Post these applications on 21.4.2017.
.............................................., JM (Justice Dr. P. Jyothimani) ..............................................,EM (Shri P.S. Rao)