National Green Tribunal
P. Radhakrishnan vs The Ministry Of Environment And Forest on 18 October, 2016
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Application Nos.14 of 2012 (SZ)
Application Nos. 13, 42, 44, 107, 108 of 2013 (SZ)
Application Nos. 83, 121, 122, 287 & 288 of 2014 (SZ)
Application Nos. 133, 163, 179, 190 & 209 of 2015 (SZ)
Application Nos.34, 104, 133, 180 & 181 of 2016 (SZ)
Application No. 14 of 2012 (SZ)
Applicant(s) Respondent(s)
Shri N. Rajendran 1. The Commissioner, Rasipuram Chandrasekaranpuram Post Municipality, Rasipuram
2. The District Environmental Engineer Tamil Nadu Pollution Control Board Namakkal
3. The District Collector, Namakkal
4. The Chairman and Member Secretary Tamil Nadu Pollution Control Board Chennai
5. The Commissioner of Municipal Administration and Water Supply Chennai Legal Practitioners for Applicant(s) Legal Practitioners for Respondents Shri J. Srinivasa Mohan Mr. E. Manoharan, Addl.G.P For R1 & R5 Shri A. Ilango for R-2 and R4 M/s. M.K. Subramanian for R-3 Application No. 13 of 2013 (SZ) Applicant(s) Respondent(s) S. Subramanian, Nallathur Post Vs. 1. The District Collector, Villupuam
2. The Chairman Tamil Nadu Pollution Control Board Chennai
3. The Pollution Control Officer Villupuram
4. The Deputy Director, Public Health Service & Preventive Disease Dept, Kallakurichi
5. The Commissioner Kallakurichi Municipality Legal Practitioners for Applicant(s) Legal Practitioners for Respondents Shri J. Srinivasa Mohan M/s. M.K. Subramanian for R-1 & R-4 Shri A. Ilango for R-2 and R-3 Mr. E. Manoharan, Addl.G.P for R-5 Application No. 42 of 2013 (SZ) Applicant(s) Respondent(s) Shri P Radhakrishnan, OotyVs. 1. The Ministry of Environment and Forests, Govt of India, New Delhi
2. The Commissioner of Municipal Administration, Chennai
3. The District Collector, Nilgiris
4. The District Forest Officer,Nilgiris
5. The Commissioner Udhagamandalam Municipality Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s. M.Santhanaraman and Smt. C. Sangamithirai for R-1 M.R. Sivakumar M/s. M.K. Subramanian for R-2, R-3 & R-4 Mr. E. Manoharan, Addl.G.P for R5 Application No. 44 of 2013 (SZ) (W.P.No.14642 of 2012 High Court of Madras) Applicant(s) Respondent(s) Periappa Nagar Residents Vs. 1. The District Collector Dindigul Welfare Association, Palani 2. Commissioner, Palani Municipality
3. The Tamil Nadu Pollution Control Board, Chennai
4. The Central Pollution Control Board, Bengaluru (R3 & R4 are impleaded as per Order dt.7.7.2015) Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s.Sarvabhauman Associates M/s. M.K. Subramanian for R-1 M/s. P.Srinivas for R2 Mrs.H.Yasmeen Ali for R3 Mr.D.S.Ekambaram for R4 Application No.107 of 2013 (SZ) (THC) (W.P.(MD) No.10408/2011 - Madurai Bench of Madras High Court) Applicant(s) Respondent(s) Mr.G.Somasundaram, 1. The District Collector Secretary, Peramanallur PurangagarVs. Thanjavur Paghuthi Anaithu Nagar Nalasangam 2. The Kumbakonam Municipality Ammasathiram, Thiruvidaimaruthur Tk rep. by its Commissioner Thanjavur Dt 3. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Thanjavur Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s. B.Prasanna Vinoth, M/s. M.K. Subramanian for R-1 G.R. Swaminathan Mr.E. Manoharan, Addl. G.P for R-2 Smt. H.Yasmeen Ali for R-3 Application No.108 of 2013 (SZ) (THC) (W.P.(MD).No.10642 of 2011- Madurai Bench of Madras High Court) Applicant(s) Respondent(s) Mr. Dinakaran 1. The District Collector Sivangangai Karaikudi. Vs. 2. The Environmental Engineer Tamil Nadu Pollution Control Board, Sivagangai
3. The Commissioner Karaikudi Municipality
4. The Commissioner Devakkottai Municipality
5. The Divisional Revenue Officer Devakottai
6. The Tahsildar, Karaikudi Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s. V.Karuna, C.Meenakshi and M/s. M.K. Subramanian for R1, R5 and R-6 Rama Prabhu Smt. H. Yasmeen Ali for R-2 Mr.E. Manoharan, Addl.G.P for R-3 and R-4 Application No.121 of 2014 (SZ) Applicant(s) Respondent(s) Mr. T. Chendil Athiban, Colachel Vs. 1. The District Collector-cum-Chairman Kanyakumari Dist. 629251 Coastal Zone Regulation Zone, Kanyakumari District
2. The Asst. Environment Engineer Tamil Nadu Pollution Control Board Nagercoil
3. The Commissioner, Colachel Municipality
4. The President Reethapuram Panchayat Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s. S. Kamaraj, M/s. M.K.Subramanian for R-1 K. Christopher & J.Thomas Smt. H. Yasmeen Ali for R-2 M/s. P. Srinivas and N.K. Ponraj for R-3 Mr.E.Manoharan, Addl.G.P. for R-4 Application No.122 of 2014 (SZ) Applicant(s) Respondent(s) L. Saroja, D/o. Lingappa Gounder,Odaneli, 1) The Secretary to Government, Dept of Kasturiba Village and Post, Arachalur Via, Department & Forests, Chennai Erode.
2) The Secretary to Government, PWD Chennai
3) The Chairman, Tamil Nadu Pollution Control Board , Chennai-32
4) The District Environmental Engineer, Tamil Nadu Pollution Control Board Erode
5) The District Collector, Erode
6) The Executive Officer Arachalur Town Panchayath Legal Practitioners for Applicant(s) Legal practitioners for respondent(s) M/s. S. KamaleshKannan, K. Myilsamy ad M/s. M.K. Subramanian for R-1 and R-5 S. Sai Sathya Jith Smt. H. Yasmeen Ali for R-3 and R-4 Mr.E. Manoharan,Addl.G.P for R2 & R6 Application No. 83 of 2014 (SZ) Applicant(s) Respondent(s) Mr. V. Meghanathan Vs. 1. The Chief Secretary , Govt. Of Tamil Nanmangalam, Chennai Nadu, Chennai
2. The Principal Secretary to Govt Environment & Forest Dept Chennai
3. The Secretary to Govt. Revenue Dept., Chennai
4. The Principal Chief Conservator of Forests, Chennai
5. The Director, Dept of Environment Chennai
6. The Commissioner, Corporation Of Chennai
7. The Chief Engineer, PWD,Chennai
8. The Collector, Kanchipuram Dt
9. The Assistant Conservator of Forests Pallikaranai
10. The District Forest Officer Kancheepuram
11. The Tahsildar, Sholinganllur
12. The President, Conservation Authority of Pallikaranai Marsh Lands, Teynampet, Chennai
13. The Chairman, Tamil Nadu Pollution Control Board, Chennai
14. The Secretary to Govt. Ministry of Environment & Forest, New Delhi Legal Practitioners for Applicant(s) Legal practitioners for respondent(s) M/s. A. Swamynathan Mr.E. Manoharan,Addl.G.P. for R-1, R-
Kamalesh Kannan 3 and R-7 M/s. M.K. Subramanian for R-2, R-4, R-5, R-8 to R-11 Smt. H. Yasmeen Ali for R-13 Smt. Sangamithrai for R-14 Mr.R.Suryaprakash for R6 Application No. 288 of 2014 (SZ) Applicant(s) Respondent(s) M/s. M. Rajangam Vs. 1. The District Collector Nayudumangalam Tiruvannamalai Thiruvannamalai Tk 2. The Chairman Tamil Nadu Pollution Control Board Chennai
3. The District Environmental Engineer Tamil Nadu Pollution Control Board Thiruvannamalai
4. The Tahsildar Thiruvannamalai
5. The Commissioner Thiruvannamalai Municipality Legal Practitioners for Applicant(s) Legal practitioners for respondent(s) M/s. S. Kumara Devan, A.Prakash and M/s. M.K. Subramanian M. Ezhilarasi. for R-1 and R-4 Mrs. H. Yasmeen Ali for R-2 and R-3 Mr.E.Manoharan,Addl.G.P for R5 Application No. 34 of 2016 (SZ) Applicant(s) Respondent(s) S.P.Surendranath Karthik 1) The President, Thazhambur Village Ayyappa Nagar, Madipakkam Panchayat, Chengleput Taluk, Chennai Kancheepuram District.
2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Kancheepuram District
3. Tahsildar, Thiruporur, Chennai
4. Block Development Officer, Thiruporur Panchayat Union, Thiruporur, Chennai
5. Additional Chief Secretary to Govt. Public Works Department, Secretariat, Chennai
6. The Chairman, Tamil Nadu Pollution Control Board, Guindy, Chennai
7. The Chairman, Central Pollution Control Board, East Arjun Nagar, New Delhi
8. The District Collector, Collectorate, Kancheepuram.
9. Principal Secretary to Government, Dept of Environment & Forests & CC Secretariat, Chennai
10.Principal Secretary to Govt. Department of Revenue, Secretariat, Chennai Legal Practitioners for Applicant(s) Legal practitioners for respondent(s) Mr.Kaushik N.Sharma Mr.E. Manoharan, Addl.G.P for R4 & R5 Mrs.Yasmeen Ali for R2 & R6 Mr.M.K.Subramanian & P.Velman for R3, R8, R9 and R10 Mr.D.S.Ekambaram for R7 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 Application No.287 of 2014 (SZ) Applicant(s) Respondent(s) Smt. S. Sumathi Saet Vs. 1. The Commissioner of Municipality Cheyyar Taluk Cheyyar Thiruvannamalai District 2. District Environmental Engineer Tamil Nadu Pollution Control Bd Thiruvannamalai
3. Chairman, Tamil Nadu Pollution Control Board, Chennai
4. Chairman, Central Pollution Control Board, Delhi
5. The District Collector Thiruvannamalai
6. District Police Office Thiruvananamalai
7. Sub-Inspector of Police, Cheyyar
8. Principal Secretary to the Govt Dept. Of Environment & Forests Chennai
9. Principal Secretary to the Govt Dept. Of Revenue, Chennai Legal Practitioners for Applicant(s) M/s. Kaushik N Sharma and Umapathy Application No. 133 of 2015 (SZ) Applicant(s) Respondent(s) Mr.R. Saravanakumar, Vs. 1. The Health Secretary, Thiruppur. St.George Fort, Chennai
2. The Chairman, Tamil Nadu Pollution Control Board, Chennai
3. The District Environmental Engineer, The Pollution Control Board, Thiruppur
4. The Commissioner, Corporation Of Thiruppur Legal Practitioners for Applicant(s) Legal practitioners for respondent(s) M/s. M. Easan, Iniyaa Easan Mr.E. Manoharan, Addl. G.P. Mr. Krishna Sreethar for R-1 Mr. A.M. Nataraj Mrs. H. Yasmeen Ali for R-2 & R-3 Mr.P.Srinivas, N.K.Ponraj & R.Purushothaman for R-4.
Application No. 163 of 2015 (SZ) Applicant(s) Respondent(s)
1.S.P. Surendranath Karthik 2. J. 1. The President, Jeya Sabare Eswran Vengaivasal Panchayat Madipakkam, 2. District Environmental Engineer Tamil Nadu Pollution Control Board M.M. Nagar
3. Tahsildar, Sholinganallur
4. Block Development Officer Chitlapakkam
5. Chairman, Tamil Nadu Pollution Control Board, Chennai
6. Chairman, Central Pollution Control Board, Delhi
7. The District Collector Kancheepuram
8. Principal Secretary to Govt Dept. Of Environment & Forest Chennai
9. Principal Secretary to Govt Dept. Of Revenue, Chennai Legal Practitioners for Applicant(s) Legal practitioners for respondent(s) Shri. Kaushik N Sharma M/s. R. Diwakaran, S. Anbazhagan, S.P.S. Buddhan for R-1 Mrs. H. Yasmeen Ali for R-2 & R-5 MrE. Manoharam. Addl.G.P for R-4 Mr. D.S. Ekambaram for R-6 Mr. M.K. Subramanian & P.Velmani for R-3, R-7 to R-9 Application No. 179 of 2015 (SZ) Applicant(s) Respondent(s) Sri. S.P. Surendranath Karthik, Vs 1.President, Medavakkam, Madipakkam, Chennai Panchyat,Chennai
2. President Pallikaranai Town Panchayat
3. District Environmental Engineer Tamil Nadu Pollution Control Board M.M. Nagar
4. Tahsildar, Sholinganallur
5. Block Development Officer Chitlapakkam
6. Chairman, Tamil Nadu Pollution Control Board, Chennai
7. Chairman, Central Pollution Control Board, Delhi
8. The District Collector Kancheepuram
9. Principal Secretary to Govt Dept. Of Environment & Forest Chennai
10. Principal Secretary to Govt Dept. Of Revenue, Chennai
11. Zonal Officer, Corporation of Chennai, Puhuthivakkam
12. Regional Deputy Commissioner (South), Corpn. Of Chennai Adyar
13. Engineer-in-Chief Water Resources Organistion Chepauk, Chennai Legal Practitioners for the applicant: Legal practitioners for respondents Shri. Kaushik N Sharma & Mr. V. Meganathan for R-1 Mr.Umapathy Mrs. H. Yasmeen Ali for R-3 & R-6 Mr. M.K. Subramanian for R-4, R-8 & R-9 Mr.E. Manoharan, Addl.G.P for R5, R10 & R13 Mr. D.S. Ekambaram for R-7 Mr. Surya Prakash for R-11 and R-12 Mr. M. Dhandapani for R-14 Application No. 133 of 2016 (SZ) Applicant(s) Respondent(s) Olympia Tech Park (Chennai) 1.State of Tamil Nadu, Pvt.Ltd., Chennai, rep. by its Rep. by its Secretary, Municipal Director Chandrakant Kankaria Vs. Admn & Water Supply Dept. Fort St. George, Chennai
2. The Chief Secretary to Govt Dept. Of Environment & Forests Chennai
3. Member Secretary, Tamil Nadu Pollution Control Board,Chennai
4. District Collector, Kancheepuram
5. The Director, Tamil Nadu Town & Country Planning Board, Chennai
6. The Director, Dept of Environment Chennai
7. Assist. Commissioner, The Greater Chennai Corpn., Chennai
8. Superintending Engineer, Solid Waste Management Dept,Chennai
9. The Director of Town Panchayats Chennai
10. Thiruneermalai Town Panchayat Rep. by Executive Officer
11. The District Environmental Engineer Tamil Nadu Pollution Control Board Chennai
12. Superintending Archeologist, Chennai
13. The Chief Engineer, PWD, Chennai
14. B. Madhu Sudhana Reddy Legal Practitioners for Applicant(s) Legal practitioners for respondent(s) M/s.C.T. Murugappan Mr.E. Manoharan, Addl.G.P S.P. Vijayaraghavan for R1, R5,R9,R10 & R13 G. Thanigaivel Mr. M.K. Subramanian for R2, R4 & R6 Smt. Yasmeen Ali for R3 & R11 Mr.R.Surya Prakash for R7 & R8 Application No.180 of 2016 (SZ) Applicant/s Respondents P. Varatharajan 1. President Moovarasampet Moovarasampet Panchayat Chennai 2. Secretary Moovarasampet Panchayat
3. District Environmental Engineer Tamil Nadu Pollution Control Board M.M. Nagar
4. Tahsildar, Alandur
5. Block Development Officer Chitlapakkam
6. Chairman Tamil Nadu Pollution Control Board Chennai
7. Chairman Central Pollution Control Board Delhi
8. Chief Executive Officer Chennai Metropolitan Development Authority, Chennai
9. Member Secretary, Chennai Metropolitan Development Authority Chennai
10. The District Collector, Kancheepuram
11. The Executive Engineer, PWD Palar Dn. Kancheepuram
12. Director of Environment & Member Secretary, Chennai
13. Principal Secretary to Government PWD, Chennai
14. Principal Secretary to Government Dept. Of Environment & Forest Chennai
15. Principal Secretary to Government Dept. Of Revenue, Chennai Counsel appearing for applicant Counsel appearing for respondents Mr. Kaushik N. Sharma For R3 & R6 .. Mrs.Yasmeen Ali For R4, R5, R10 to R15 .. Mr.M.K. Subramanian Mr.P. Velmani For R7 .. Mr.D.S. Ekambaram For R8 & R9 .. Mr. Raja Srinivas Application No.181 of 2016 Applicant Respondent/s K.C. Palanisamy 1.The District Environmental Engineer Coimbatore Tamil Nadu Pollution Control Board Coimbatore
2. The Executive Officer Perur Town Panchayat Counsel appearing for applicant Counsel appearing for respondents S. Sathia Chandran Mrs.Yasmeen Ali for R1 R. Gobioka Mr.M.K. Subramanian & S. Pradeepa Mr.P. Velmani for R2 C. Rajaguru Note of the Orders of the Tribunal Registry Date: 18th October, 2016 Item No.4 to 22 Mr.A.N.Thambi Durai, learned Government Pleader has filed Vakkallat for 5th respondent.
In accordance with our detailed order dated 16.08.2016 wherein we have directed that the copy of the order to be marked to the Chief Secretaries of the Southern States, the learned counsel appearing for Government of Tamil Nadu submits that the Principal Secretary to Government, Environment and Forests in his letter dated 07.10.2016 addressed to the Secretary, Housing & Urban Development Department, Principal Secretary, MAWS Department, Principal Secretary, RD & PR Department, and Chairman of the Tamil Nadu Pollution Control Board has issued various directions which are as follows:
1. "Segregation at source should be at the heart of local bodies' Solid Waste Management System. It shall remain as a centric approach solution. Landfills should only be used for residual waste i.e., non usable, non-recyclable, non-bio degradable, non-
combustible and non-reactive. Every effort will have to be made to recycle or reuse the rejects to achieve the desired objective of "zero waste" to landfill.
2. The Corporations/Municipalities/ Town Panchayats/ Village Panchayats in the State of Tamil Nadu shall facilitate source segregation at household level. Therefore, we direct the above said authorities to immediately provide three colours of bins; one in green, other in white and another in black; the green to be used for bio-degradable waste, white to be used for recyclable waste and black for other wastes.
3. The local authorities shall immediately identify the waste pickers and waste collectors in each of the areas without waiting for framing of byelaws to whom the household segregated waste shall be handed over to ensure immediate implementation of new Solid Waste Management Rules, 2016 as waste generation is a continuous activity.
4. Out of the three, the bio degradable waste shall be processed by way of composting or otherwise in an identifiable yard by the local body. The said yard may be situated within the premises of solid waste process facility or it may be at any other suitable place.
5. All the governmental authorities, including the local bodies, Central Pollution Control Board and State Pollution Control Board shall create public awareness about the importance of source segregation by organising mass programmes, involving all the stakeholders and it shall be done by each Corporation/ Municipa authorities and Panchayats at the earliest point of time.
6. Till the Central policy and State Policy are formulated within the time limit specified under the Rules, the Corporations/ Municipalities/ Town Panchayats/ Village Panchayats shall erect temporary sheds for the purpose of segregation of non- biodegradable waste in accordance with the directions of the State Pollution Control Board. As stated above, it is only after following the scientific method of handling non bio degradable waste, including recycling, the remaining inert materials shall be taken to landfill site which shall be identified by each local body with the consent of the State Pollution Control Board. Before taking the residual inert materials to the landfill site, Materials Recovery Facility (MRF) has to be set up. MRF is defined under Rule 3(31) which means a facility where non-compostable sold waste can be temporarily stored by the local body or any other entity mentioned in rule 2 or any person or agency authorised by any of them to facilitate segregation, sorting and recovery of recyclables, from various components of waste by authorised informal sector of waste pickers, informal recyclers or any other work force engaged by the local body or entity mentioned in rule 2 for the purpose before the waste is delivered or taken up for its processing or disposal.
II. The Hon'ble Tribunl has further ordered that:
i) No one, including the local bodies viz., Corporations/ Municipalities/ Panchayats shall dump any sort of solid waste on any water body or marsh land or on banks of river etc.
ii) It shall be open to the local bodies to choose any of the suitable places, in consultation with the State Pollution Control Board for creating composting yard.
iii) The local bodies shall immediately exercise their powers vested under Solid Waste Management Rules, 2016 without waiting for the formulation of National Policy or State Policy and give directions regarding source segregation, collection of waste by authorised waste pickers, waste collectors, Self Help Groups, duly prescribing "user fees" to be collected from the waste generators and obtain authorisation from the State Pollution Control Board if the waste exceeds 5 MT per day and getting Environmental Clearance (EC) from SEIAA, in case of establishing common solid waste management facility."
In so far as it relates to the individual Panchayats are concerned, even though it is stated that in respect of Application No.180 of 2016 which relates to Moovarasampet and also in respect of Application No.181 of 2016 which relates to Perur Town Panchayat, it is stated by the learned counsel appearing for the applicant in those cases that in spite of the order of restraint and detailed order, the indiscriminate dumping has been taking place and it is also stated that in respect of Moovarasampet, the applicant has put up a Board indicating the order of the Tribunal, but the same has been removed by the Panchayat.
However, we are unable to take any action in the absence of any affidavit filed by the applicant. We direct that in individual cases where there is a breach being committed either by Panchayat or Municipality or Corporation, it will be open to the applicant to file affidavit to enable this Tribunal to take appropriate action.
We direct the Secretaries of various Departments indicated in our order dated 16.08.2016 to whom the Principal Secretary, Department of Environment and Forest, Tamil Nadu has given the above communication, to reply as to the steps taken in furtherance of order dated 16.08.2016 on the next date of hearing.
We make it clear that if the Status Report is not filed and steps are not taken in accordance with direction already given in our earlier order which is in accordance with Solid Waste Management Rules, 2016 of Government of India, the Tribunal may have to take coercive action against the officers concerned for not taking steps which are supposed to have taken in accordance with law.
Application No.133 of 2016It relates to the Thiruneermalai Panchayat. We have directed in our order dated 12.07.2016 the Pollution Control Board to inspect the place concerned and file a Status Report. The learned counsel appearing for the Board would submit that inspection has been carried out and the report will be filed on the next date of hearing.
Application No.190 of 2015 and 209 of 2015 It relates to Gudalur Municipality. In our order dated 12.07.2016 we have incorporated the submission made by Mr.Srinivas, learned counsel appearing for the Panchayat that in respect of lands in Survey Nos.230/1, 230/3, 232/2, 232B, 231/1, 231/2, 231/3 and 231/4 of Padamthorai Village, the Revenue Department has already given NOC for the purpose of using the same for treatment of municipal solid waste.
However, the user agency viz., Municipality has not made any application in the prescribed form as per the Forest (Conservation) Act, 1980.
The Gudalur Municipality shall file Status Report on the next date of hearing as to the steps taken in furtherance of the same so as to obtain permission from the Forest Department for issuing authorisation for non forest activity.
Application No.179 of 2015:
In respect of Application No.179 of 2015 which relates to Kovilambakkam Panchayat, the learned counsel appearing for the Greater Chennai Corporation has produced a Note order given by the Commissioner of the Corporation wherein the Commissioner has stated as follows:
"Since NGT is directing us to consider the request of Kovilambakkam Panchayat only which generates only 1.5 tons per day we may agree for the time being subject to the above."
Mr.Surya Prakash, learned counsel appearing for the Chennai Corporation submits that pursuant to the note order passed by the Commissioner of Corporation appropriate order has been passed permitting the Kovilambakkam Panchayat to use Perungudi dumping yard for the purpose of dumping the waste generated within the Kovilambakkam Panchayat area. The said order is stated to have been issued on 12.09.2016. In view of the said order, we make it clear that Kovilambakkam Panchayat shall not dump waste in any other place within the Panchayat except taking the same to Perungudi dumping yard duly after segregating the waste. Even though it is the contention of the learned counsel appearing for the Government that the prayer made in the application has been complied with and hence the application can be closed, the learned counsel appearing for the applicant would submit that he will get instructions and inform the same on the next date of hearing.
Post these applications for passing order on 10.11.2016 .............................................., JM (Justice Dr.P. Jyothimani) ..............................................,EM (Shri P.S. Rao)