National Green Tribunal
S.Kumaradasan vs State Of Tamilnadu on 21 June, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.8:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 102 of 2021 (SZ) &
I.A. No.86 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
S. Kumaradasan,
Vice-President
Velachery Eri Pathukappu Iyakkam,
Velachery, Chennai
... Applicant(s)
Versus
The Government of Tamil Nadu,
Rep. by its Chief Secretary,
Chennai and Ors.
...Respondent(s)
Date of hearing: 21.06.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Mr. K.C. Karl Marx.
For Respondent(s): Mr. C. Harsharaj for R1 to R4, R8.
Mr. C. Kasirajan through
Ms. D. Ashwini for R5.
Mrs. P.T. Ramadevi through
Mr. Ragul Adhithya for R6.
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ORDER
1. As per order dated 19.05.2021, the above matter has been admitted and this Tribunal had appointed a joint committee to go into the question and directed them to submit a report to this Tribunal and the case was posted to today for that purpose.
2. When the matter came up for hearing today through Video Conference, Mr. K.C. Karl Max represented the applicant. Mr. C. Harsharaj represented respondents 1 to 4 & 8, Mr. C. Kasirajan through Ms. D. Ashwini represented 5th respondent and Mrs. P.T. Ramadevi through Mr. Raghul Adhithya represented 6th respondent.
3. The applicant has filed an interlocutory application (I.A. No.86 of 2021) to implead the District Collector, Chennai also as a party to the proceedings. Since the District Collector, Chennai has already been included in the committee appointed by this Tribunal, we feel it necessary to implead them also as necessary party to the proceedings. So, this interlocutory application (I.A. No.86 of 2021) is allowed and the District Collector, Chennai is impleaded as additional 9th respondent and the interlocutory application is disposed of accordingly.
4. The Office is directed to carry out the amendment in the cause title.
5. The applicant is directed to carry out the amendment and produce the amended copy of the application before this Tribunal by serving copy of the 2 same to the standing counsel appearing for the respondents.
6. The learned counsel Mr. Harsharaj took notice for the additional 9th respondent as well.
7. The Greater Chennai Corporation has filed a status report dated 10.06.2021, e-filed on 19.06.2021 and received 21.06.2021 wherein, they have stated that hyacinth plants are periodically removed in Velachery Lake and the Velachery Lake is vested with the Public Works Department and desilting will have to be done by them. As regards the encroachment in the lake area is concerned, the revenue department and the Public Works Department have to remove the same and the Greater Chennai Corporation will provide necessary assistance for that purpose.
8. The Superintending Engineer, PWD, Palar Basin Circle, WRD, Chennai has filed an affidavit wherein, they have stated that this Tribunal had registered a Suo Motu case in respect of the same issue as O.A. No.02 of 2020 (SZ) and in that case, certain directions have been issued.
9. We feel that the joint committee appointed by this Tribunal in this case is more comprehensive than the committee appointed in O.A. No.02 of 2020(SZ). So, the present committee in this case can consider all the aspects including the issue raised in the O.A. No. 02 of 2020, so that both the cases can be jointly considered and appropriate directions can be given so as to protect the Velachery Lake which is the subject matter in both the cases. So, this case is tagged with O.A. No.02 of 2020 (SZ). 3
10.The learned counsel appearing for the official respondents wanted some more time to file their statement as well as for filing report as directed by this Tribunal.
11.The committee as well as the official respondents are directed to file their respective statements as well as the report before this Tribunal on or before 19.07.2021 by e-filing in the form in 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, apart from serving copy in advance to the counsel appearing for the applicant, so that they can file their rejoinder, if any, before the next hearing date.
12.For completion of pleadings and consideration of report, post along with O.A. No.02 of 2020 on 19.07.2021.
Sd/-
.....................................J.M. (Justice K. Ramakrishnan) Sd/-
..........................E.M. (Dr. K. Satyagopal) O. A. No.102/2021 & I.A. No.86 of 2021, 21st June, 2021. Mn.
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