National Green Tribunal
Swaminathan Ramadoss vs District Collector on 25 January, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No. 2:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 18 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Mr. R. Swaminathan,
Nagapattinam
...Applicant(s)
Verses
The District Collector,
Nagapattinam and others.
....Respondent(s)
Date of hearing: 25.01.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Mr. M. R. Gokul Krishnan
For Respondent(s): Sri. Dr. V. R. Thirunarayanan for R1, R2 R3,
R5 & R8
Sri. P. Srinivas through
Sri. N. K. Ponraj for R4
Sri. Abdul Saleem through
Sri. Karthikeyan for R6
Sri. C. Kasirjan through
M/s. Meena for R7
ORDER
1. The grievance in this application is regarding the functioning of the Marriage Hall by the 9th respondent in Nagapattinam 1 Municipality without getting necessary permission and consent from the authorities as has been contemplated in the decision of the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 400 of 2017 (Westend Green Farms Society Vs. Union of India & Others).
2. According to the applicant, originally the building wherein Marriage Hall is functioning at present was declared unfit for human habitation and ignoring that direction, 9th respondent had converted the same into a Marriage Hall without complying with the necessary formalities of getting permission and consent from the authorities and without providing necessary mechanism for dealing with the solid waste and other waste generated as per the rules.
3. When the matter came up for hearing for admission today through Video Conference, Sri. M. R. Gokul Krishnan represented the applicant. Sri. Dr. V. R. Thirunarayanan represented respondents 1, 2, 3, 5 & 8, Sri. P. Srinivas through Sri. N. K. Ponraj represented 4th respondent, Sri Abdul Saleem through Sri. Karthikeyan represented 6th respondent and C. Kasirajan through M/s. Meena represented 6th respondent.
4. On going through the allegations made in the application, we are satisfied that there arises a substantial question of environment as the question is regarding the non-compliance of the directions 2 issued by the Principal Bench of National Green Tribunal in a similar issue on the basis of the reports obtained from the Central Pollution Control Board in this regard and also the non- compliance of the directions issued by the Central Pollution Control Board to the State Pollution Control Board in respect of the same issues as to what are all the things to be followed by them before permitting such institutions to operate. So the application is admitted.
5. The applicant is directed to take steps to serve notice on the respondents by Registered post with acknowledgement due, by e- mail and also by dusthi if possible and produce proof of service on them by filing an affidavit as per rule
6. The applicant is also directed to serve a copy of the application along with the documents produced to the standing counsel appearing for respondents 1 to 8 within a week and to produce proof of such service by filing proper affidavit as per rules.
7. The applicant is also directed to produce necessary requisites along with postal cover and the necessary postal stamps before this Tribunal within a week, so as to enable this Tribunal to send notice to all the respondents through Tribunal, to ensure service on them, so as to enable this Tribunal to proceed against them, if they did not appear in their absence in accordance with law. 3
8. In order to ascertain the genuineness of the allegations made in the application and non-compliance of the pollution laws by the 9th respondent and also to ascertain as to whether any action has been taken, if there is any violation in such operation, we feel it appropriate to appoint a joint committee comprising of, (1) The District Collector, Nagapattinam District or a Senior Officer not below the rank of Assistant Collector or Revenue Divisional Officer to be deputed by him (2) The Municipal Commissioner, Nagapattinam Municipality or a Senior Officer who is dealing with such matters as designated by the Municipal Commissioner (3) a Senior Officer to be deputed by the Chairman, Tamil Nadu State Pollution Control Board (TNPCB) to inspect the area in question to submit a factual as well as action report if there is any violation found.
9. The committee is directed to ascertain as to whether the 9th respondent has complied with all the pollution norms and also obtained necessary permission as has been directed by the Principal Bench in O.A. No. 400 of 2017 and whether they are having all necessary licences and pollution control mechanism to deal with the waste generated in the premises at the time of conducting functions as required under Solid Waste Management Rules 2016, and whether they have obtained necessary permission for the purpose of extracting water for 4 their use and whether they have obtained necessary permission for the purpose of converting the house which is intended for domestic purpose into commercial purpose and whether there is any damage caused to the environment on account of the violations committed by the 9th respondent Association, namely Nagappatinam Vaniyar Association and if so, the committee is directed to assess the environmental compensation to be recovered from them apart from initiating necessary action if any violation is found in accordance with law.
10. The Municipal Corporation, Nagapattinam Municipality will be the nodal agency for co-ordination and for providing necessary logistics for this purpose.
11. The Tamil Nadu State Pollution Control Board is also directed to submit an independent report regarding the action taken by them as regulator who are bound to implement the directions issued by the Central Pollution Control Board in respect of certain matters on the basis of directions given by the Principal Bench of National Green Tribunal in O. A. No. 400 of 2017 as mentioned above.
12. The applicant is also directed to submit a set of papers to the members of the committee within a week, so as to avoid the delay in submitting the report.
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13. The Tamil Nadu State Pollution Control Board as well as the committee is directed to submit the report to this Tribunal on or before 24.02.2021, by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
14. The Registry is directed to communicate this order to the members of the committee, Tamil Nadu State Pollution Control Board as well as the official respondents immediately through e-mail, so as to enable them to comply with the direction and for filing their independent response to the allegations made in the application and also for filing their independent report as directed by this Tribunal.
15. For appearance of parties and consideration of report and also for completion of pleadings, post on 24.02.2021.
..................................J.M. (Justice K. Ramakrishnan) .................................E.M. Shri. Saibal Dasgupta) O. A. No.18/2021, (SZ) 25th January, 2021. Sr. 6