National Green Tribunal
R Kalistas vs The State Of Tamil Nadu Rep. By The ... on 9 September, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.8:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 275 of 2017 (SZ)
(Through Video Conference)
IN THE MATTER OF:
R. Kalistas ...Applicant(s)
With
The State of Tamil Nadu,
Chennai and others. ...Respondent(s)
Date of hearing: 09.09.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): M/s. C.K.M. Appaji.
For Respondent(s): M/s. Kamalesh Kannan for R1, R3, R6, R7.
M/s. C. Kasirajan through
M/s. Meena for R2, R5.
ORDER
1. As per order dated 23.01.2020, this Tribunal had considered the report submitted by the Pollution Control Board and the 1 statement submitted by the other respondents and also the pleadings in the matter and noticed that the disputed unit was inspected on 22.01.2020 and it was found that it is within the CRZ II zone and without getting clearance from the Coastal Zone Management Authority, the unit could not function and they wanted to file a status report.
2. It is also noted that the panchayat is generating less than 5 MT waste per day and for such micro-composting unit, no such authorization is required under 2016 rules. So, we directed the Pollution Control Board to submit the status and action taken report on the basis of latest development and posted the case to 25.02.2020.
3. On 25.02.2020, at the request of the Pollution Control Board it was adjourned to 17.03.2020. On 17.03.2020, this Tribunal had considered the status report which is extracted from Para No.4 which reads as follows:-
"4. Today, Tamil Nadu Pollution Control Board (TNPCB) had submitted a status report which reads as follows:
"(3) It is respectfully submitted that as per Ministry of Environment and Forest Notification S.O. 327(E) dated 10.04.2001, powers delegation has been given to the Chairman, State Pollution Control Board under Section 5 of the Environment (Protection) Act, 1986 by the Central Government to issue directions to any industry or any local 2 or other authority for the violations of the standards and rules relating to bio-medical waste, hazardous chemicals, industrial solid waste and municipal solid waste including plastic waste notified under Environment (Protection) Act, 1986.
(4) It is further submitted that as per Rule 9 (i) of Coastal Regulation Zone, 2011, 'for the purposes of implementation and enforcement of the purposes of this notification and compliance with conditions stipulated there under, the powers either original or delegated are available under Environment (Protection) Act, 1986 (29 of 1986) with the Ministry of Environment, Forest and Climate Change, State of Government or the Union Territory Administration, National Coastal Zone Management Authority and the State Coastal Zone Management Authority.' (5) It is further submitted that the Municipal Solid Wastes Management site located at S.F. No.679/1, Kollencode Village, Vilavancode Taluk, Kanyakumari District falls under Coastal Regulation Zone II in approval Map No.11 and the said activity is not permissible at the site and has violated the provisions of CRZ Notification, 2019. In this regard, the Tamil Nadu Pollution Control Board has addressed vide Letter dated 05.03.2020 to the District Collector, Kanyakumari District (District Coastal Zone Management Authority) in order to take necessary action against the Municipal Solid Wastes Management site S.No. 679/1, Kollencode Village, Vilavancode Taluk, Kanyakumari District for violation of the Coastal Regulation Zone Rules, 2019 and furnish the action taken in this regard.
(6) It is further submitted that, the District Collector, Kanyakumari District has addressed a letter dated 3 11.03.2020 to the Assistant Director, Town Panchayat, Nagercoil and instructed to shift the Municipal Solid Waste Management Facility of Kollencode Town Panchayat at S.F. No.679/1, Kollencode Village, Vilavancode Taluk, Kanyakumari District immediately and to report the same at once."
4. So, we directed the District Collector to submit a further action taken report on the basis of the report submitted by the Tamil Nadu Pollution Control Board and also to Assistant Director of Town Panchayat, Nagercoil directing them to shift the municipal Solid Waste Management facility of Kollencode Town panchayat at S.F. No.679/1 of Kollencode Village, Vilavancode Taluk, Kanyakumari District and posted the case to 28.04.2020 for that purpose.
5. Thereafter, it was adjourned from time to time by notification and last taken up on 18.08.020 and at the request of the counsel appearing for the State Government, the matter was adjourned to today for getting the status report to be filed by the District Collector, Kanyakumari.
6. When the matter came up for hearing today through Video Conference, Sri. C.K.M. Appaji represented the applicant. Sri. Kamalesh Kannan represented respondents 1, 3, 6 & 7 and Sri.C. Kasirajan through M/s. Meena represented respondents 2 & 5.
7. We have received a status report filed by the Kollencode Town 4 Panchayat which reads as follows:-
"Status Report filed by the Kollencode Town Panchayat I, M. Babu Chandra Sekharan, Son of S.Mariya Das, aged about 57 years, working as the Executive Officer (incharge) of Kollencode Town Panchayat, Kollencode Village, Vilavancode Taluk, Kanyakumari District, do hereby solemnly affirm and sincerely state as follows:-
1) As per order dated 18.08.2020 of this Hon'ble Tribunal this respondent is directed to file the status report.
2) It is submitted that this respondent panchayat has three coastal villages namely Vallavillai, Marthandathurai and Nerodi. As per Solid Waste Management and Handling Rules (2000) it is the duty of this respondent to set up a Municipal Solid Waste unit in order to dispose the waste generated in scientific and eco-friendly manner.
3) It is submitted that the processing of Solid Waste in Resurvey No.679/1 in Kollancode "B" Village was stopped in March 2020, following the letter of the District Collector, Kanyakumari District. The said letter of the District Collector, dated 11.03.2020 was addressed to the Assistant Director, Town Panchayat, Nagercoil which instructed to shift the Municipal Solid Waste Management Facility of Kollencode Town Panchayat at S.F. No.679/1, Kollencode Village, Vilavancode Taluk, Kanyakumari District. It is necessary to state that the daily waste generated is collected door to door. This respondent has now opted the most effective steps for the disposal of waste generated and had taken necessary efforts to educate and make awareness to the public for segregation of 5 the waste at the source. Hence, the collected waste at the door steps are almost segregated.
4) Though the impugned site was stopped from being used as a segregation plant, there remained process manure of 7 tons and half a ton of plastics. The same is neither waste nor a polluting one, as it was processed already.
Further the same was also removed in the last week of August, 2020. The delay was due to the fact that the Executive Officer of the panchayat was affected by COVID.
5) In the above said circumstances it is submitted that this respondent is taking the earnest effort to dispose the waste generated after processing the same and the impugned site is clean from any dump or manure or plastics. Further this respondent also undertakes that the said lace shall not be used for storage or processing of MSW in future.
It is therefore prayed that this Hon'ble Court may be pleased to pass appropriate orders and thus render Justice."
8. It is not clear from the report as to whether the unit has been shifted from there or not. They have only mentioned that they have disposed of the waste generated there and the site is now clean and now they are not dumping the waste there, but we directed the District Collector to file a report in this regard.
9. When this was pointed out, learned counsel appearing for the State Government submitted that if one week time is granted, they will file the status report as directed by this Tribunal. 6
10. So considering the circumstances, we grant one week time to the District Collector, Kanyakumari to submit the action report on the basis of the recommendations made by the Tamil Nadu Pollution Control Board in the report.
11. The Registry is directed to communicate this order to the District Collector, Kanyakumari by e-mail immediately so as to enable him to comply with the direction.
12. For consideration of the report to be submitted by the District Collector, Kanyakumari and for hearing, post on 24.09.2020.
.....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.275/2017 09th September, 2020. Mn.
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