National Green Tribunal
V.Ramasubbu vs Union Of India Rep By The Secretary To ... on 5 May, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
1
Item No.3 BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
O.A.No.149 of 2016 (SZ)
(M.A.46/2017)
IN THE MATTER OF:
V. Ramasubbu .. Applicant
Vs.
Union of India & ors ... Respondent(s)
Date of hearing: 5.5.2020
CORAM: HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For applicant : Mr. A. Thirumalai Raja
For Respondent(s) : . Mr. M.R. Gokul Krishnan for R1, R2 & R4
Mr. Mani Gopi for R3, R5 & R8
Mr. Abdul Saleem &
Mr. S. Saravanan for R6 & R7
Mr. Sai Sathyajith offers to appear for R9
ORDER
The grievance in this application is in respect of establishment of development project in S.F.No.179/B, 290B/2B in Genguvarpatti Revenue Village, G. Kallupatti Panchayt, Periyakulam Taluk, Theni District.
2. As per order dated 8.1.2020 this Tribunal has constituted a committee comprising of Regional Office, MoEF & CC, Chennai, representative of Chief Wildlife Warden of Tamil Nadu, Central Pollution Control Board, Tamil Nadu Pollution Control Board, District Collector, Dindigul District and the Commissioner of Town and Country Planning, Tamil Nadu to inspect the area in question and consider the issue regarding the environment impact of the project on eco 2 sensitive area, on forest wildlife and existing waterbodies and whether the project proponent had started their construction without getting the Environment Clearance and if so, what is the extent of construction made in that area covered for the project and also the applicability of EIA Notification 2006 for the project and if there is any violation, the committee is also directed to specify the nature of violation committed, extent of violation having impact on environment and the action taken by the authorities for the said violation and submit a report to this Tribunal. Tamil Nadu Pollution Control Board was directed to be nodal agency for coordination and also for providing necessary logistic and posted the case today for consideration of the report.
3. When the matter was taken up today through Video Conference, Mr. A. Thirumalai Raja entered appearance for applicant, Mr. M.R. Gokul Krishnan entered appearance for respondents 1, 2 and 4, Mr. Mani Gopi entered appearance for respondents 3, 5 and 8 and told that he has instruction to appear in this matter in place of Mr.S.N. Parthasarathi, who was appearing earlier and M/s. Abdul Saleem and S. Sarvanan for respondents 6 and 7 (Tamil Nadu Pollution Control Board). Mr. Mani Gopi is directed to file fresh memo of appearance with the 'authorization' given by the Government in this matter.
4. Mr. Sai Sathiyajith submitted that there is change of vakalat for 9th respondent and he will be replacing Mr. K. Venkatasubramaniyan and Mr. R. Suresh Kumar who were appearing earlier for 9th respondent and wants time to file vakalat. Learned counsel appearing for Tamil Nadu Pollution Control Board and MoEF & CC submitted that inspection has already been conducted on 19.3.2020 and they want some time for filing the report. They could not prepare the report as they are not able to attend the office due to the present lock down declared on account of the pandemic due to Corona and all the officers are deputed for other essential services to meet the situation. They wanted three months time to file the report. Three months time is granted, considering the circumstances and the committee is directed to submit the report to this Tribunal through e-mail at [email protected]. Registry is directed to 3 communicate this order to the committee members through e-mail immediately so as to enable them to comply with the direction of this Tribunal.
For consideration of report post on 25.8.2020.
.........................................J.M. (Justice K. Ramakrishnan) .........................................E.M. (Shri. Saibal Dasgupta) O.A.149/2016 5.5.2020 kkr