National Green Tribunal
Meenava Thanthai K.R. Selvaraj Kumar ... vs State Of Tamilnadu on 31 March, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.17:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.203 of 2021 (SZ)&
I.A. No. 140 of 2021
(Through Video Conference)
IN THE MATTER OF:
Meenava Thanthai K.R. Selvaraj Kumar,
Meenava Nala Sangam,
Rep by its President,
M.R. Thiyagarajan,
S/o Late C. Rajalingam,
Office at No. 48, East Madha Church Street,
Royapuram, Chennai- 600 013
...Applicant(s)
Vs
1. State of Tamil Nadu
Through the Chief Secretary,
Government of Tamil Nadu, Secretariat
Chennai 600 009
2. Government of Tamil Nadu,
Through the Director,
No. 1, Jeenis Road, Pangal Building,
Ground Floor, Saidapet,
Chennai-600 015
3. Public Works Department
Through the Chief Executive Engineer,
Kamarajar Promenade,
PWD Estate, Chepauk,
Chennai- 600 005
4. The District Collector, Chennai,
Rajai Salai, Fourth Floor, 62, Beach Road,
George Town, Chennai- 600 001
....Respondent(s)
Date of hearing: 31.03.2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Mr. Stanly Hebzon Singh
For Respondent(s): Dr. D. Shanmuganathan for R1 to R4
1
JUDGEMENT
1. The grievance in this application is regarding the illegal sea sand mining that is alleged to have been happening from the river mouth of Cooum River near Napier Bridge which ultimately reaches the Bay of Bengal.
2. According to the applicant, the alleged illegal sea sand mined is happening in the coastal eco-sensitive zones, namely CRZ-1 A and 1 B area, where sand mining is prohibited under the CRZ Notification 2011 as well as 2019.
Further, the sea sand mining is totally prohibited by the Government as well, and it is happening illegally during the wee hours namely between mid night and 02.00 A.M. using heavy machineries.
3. It was also alleged in the application that the sea sand mining is mixed with the river sand and is being used for construction activities. It is highly necessary to trace out the end user of the illegal mined sea sand as well, so as to ascertain as to how this is being used and who are all the persons involved in such illegal activities, so as to bring them before the law.
4. The applicant also produced certain newspaper reports in support of allegations made in the application. He had also produced newspaper report where presence of five Tipper Lorries were shown near the bridge. The lorries entered the narrow lane adjacent to the Anna Square bus stand. Since no actions were taken by the authorities , the applicant approached this Tribunal seeking the following reliefs:
i. Issue directions to respondent nos. 1 to 4 to initiate appropriate and stringent action against the alleged violators for the rampant mining of sea sand in CRZ-1 A and 1 B as well as from the river mouth of Coovum.
ii. Direct the respondent nos. 1 to 4 to initiate enquiry and actions against the concerned erring officials for permitting the alleged violators to excavate the sea sand in the prohibited area CRZ Zone, iii. Direct the respondent nos. 1 to 4 to prevent the utilization of sea sand for any kind of commercial and business purposes, iv. Direct the respondent nos. 1 to 4 to remove the construction debris that is dumped in the CRZ Zone, v. Appoint a permanent expert committee to monitor the CRZ Zone from 2 the illegal excavation of sea sane, vi. Direct respondent nos. 1 to 4 to impose Environmental Compensation on the violators including restitution of impugned site under Section - 15 of the National Green Tribunal, Act, 2010.
5. This Tribunal considering the substantial question raised, admitted the matter and appointed a joint Committee consisting of (1) The District Collector, Chennai District, (2) a Senior Officer from Ministry of Environment, Forests and Climate Change (MoEF&CC), Integrated Regional Office, Chennai, (3) a Senior Officer from the State Coastal Zone Management Authority, Chennai, as deputed by its Chairman, (4) The Superintending Engineer, Public Works Department (PWD),Chennai and (5) the Commissioner of Police or a nominee of the Commissioner of Police, not below the rank of Joint Commissioner as nominated by him to inspect the area in question and submit a factual as well as action taken report, if there is any violation found.
6. The committee is directed to ascertain as to
i) Whether any illegal sea sand mining is being done in the eco-
sensitive zone, namely CRZ -1 A and 1-B in the river mouth of Coovum near the Napier Bridge which ultimately reaches the Bay of Bengal,
ii) Whether any heavy vehicles like excavator / earth removers and other heavy vehicles, like tipper lorries etc., are being parked in the eco-sensitive zone,
iii) Whether such vehicles have been used for such sea mining, even if it is being done by the authorities ,
iv) If such vehicles are found, the concerned authorities are directed to remove the same by seizure or other method known to law and impose appropriate penalty against such persons who are engaged in parking such vehicles which in eco-sensitive areas which is in fact prohibited,
v) Even if any, permitted activity is being done as part of dredging in that area, whether it is being done after obtaining necessary permission/clearance and in tune with the guidelines given by the Ministry of Environment, Forests and Climate Change (MoEF&CC) under the Enforcement and Monitoring Guidelines for Sand Mining, 2020 as well as the Sustainable Sand Mining Management Guidelines, 2016,
vi) To ascertain the ecological damage caused to the environment on account of such illegal activity and assess the environmental compensation to be recovered from the persons who are responsible for the same,
vii) To suggest the permanent mechanism by which such illegal activities can be averted or put under surveillance for the purpose of tracing out the persons involving in such illegal activities,
viii) To ascertain regarding the end user of the alleged sea sand that is 3 illegally mined and if so, what are all the purposes for which it is being used and if it is being done illegally what is the nature of action taken against those persons, who are involved illegally in such activities.
ix) The committee members are directed to inspect the area at different times during the night on different dates, as a surprise inspection, so as to ascertain the alleged ongoing illegal activities as even according to the allegation illegal mining is being done during the night time, not during the day time.
7. The Public Works Department was designated as nodal agency for co-
ordination and for providing necessary logistics for this purpose.
8. The case was originally posted to 08.10.2021 for appearance of parties, filing their independent response and also for consideration of report.
9. The matter was taken up on 22.11.2021 and considered the report submitted by Superintending Engineer, Water Resource Department, Palar Basin Circle, Chennai dated 07.10.2021, e-filed on the same date, extracted in Para 2 of the order which reads as follows:
4 510. Considering the submissions made by the other officials respondents and dissatisfied with the vague nature of observations made in the report, this Tribunal had passed the following order:
4. The learned counsel appearing for the State Departments submitted that they have obtained another report from the same officer, seeking some more time for filing the report and also mentioned the same details regarding the allegations made in the application and if some time is granted, they may be able to file the same.
5. We have perused the report, except general vague observation, there is nothing more than what was stated in the report extracted by us Page 4 of 6 above. They have not mentioned anything about the allegations made in the application and its genuineness and what is the nature of enquiry conducted by them from the reporter who has given the report so as to collect the details regarding the data collected by them for making such reports in the newspaper.
If such an exercise has been made by the police officials who have been made as a party, they may be able to trace out the miscreants and take appropriate action in accordance with law. The report also does not show as to whether they are doing dredging only, what is the methodology adopted by them for doing dredging, whether it is in conformity with the guidelines issued by the Ministry of Environment, Forests & Climate Change, (MoEF&CC) in this regard and also the directions issued by the National Green Tribunal, Principal Bench in some matters where similar issues have been raised. Further, there is no comment regarding the deposit of concrete waste seen in the photographs produced along with the application.
6. Though the committee has already inspected the area on 07.10.2021, we do not know as to what is the reason for delay in finalizing the report and submit the same to this Tribunal, in spite of the fact nearly 1 ½ months have lapsed after inspection. This will only give room for the perpetrator of crime to repeat such things or destroy evidence which may be available there. They have also not mentioned as to Page 5 of 6 what is the nature of steps taken by them to have vigil of preventing such activities in that area as well.
67. When this was pointed out, the learned counsel appearing for the State Department submitted that if some time is granted, they may be able to come with a detailed report.
8. Further, if there is any possibility of conflict between the State Coastal Zone Management Authority and the State authorities who are doing dredging and if it is against the CRZ Notification, then it is always better for them to have different lawyers, so that true state of affairs can be brought to the notice of the Tribunal and what is the procedure to be adopted for carrying out the activities as per the CRZ Notification can be informed by the concerned department to the Tribunal.
9. So, the Principal Secretary for Environment is directed to look into the issue and take appropriate steps to appoint separate counsel in such cases.
10. The committee is directed to submit the report to this Tribunal, apart from individual respondents filing their reports on or before 10.12.2021 by e-filing.
11. The committee members are not expected to give their independent report without signing the report. Whenever, there is any difference of opinion among the members of the committee, they will have to express their dissenting note in the report itself and then all the members should sign the same and if there is any legal issue, all these aspects can be gone into by this Tribunal and pass appropriate directions. This must be kept in mind when the joint committee file the report before this Tribunal.
12. The Registry is directed to communicate this order to the member of the committee, official respondents and also to the Principal Secretary for Environment and Forest by e-mail immediately for their information and compliance of the direction.
11. The case was posted to 10.12.2021 for completion of pleadings and consideration of report. On 10.12.2021, this Tribunal extracted the order passed on 22.11.2021 in Para 2 of the order and then passed the following order:
3. The case was posted to today for completion of pleadings and consideration of report.
4. The Superintending Engineer, WRD, Palar Basin has filed a report dated 22.09.2021 which was not e-filed, but handed over for our perusal where they have reiterated what they have stated in the earlier report, nothing new has been reported.
5. The learned counsel appearing for the applicant showed certain photographs and videograph regarding large-scale extraction of sea sand that is said to be happening in and around Marina Beach using heavy machinery.
6. The question is whether such activity is permissible in the eco-sensitive zone by using such heavy machinery or not. That is the reason why we wanted the authorities who are expected to give their opinion on this aspect to this Tribunal and included in the committee and wanted them to file the report. But unfortunately, though three months is over after constitution of the committee and around two months is over after inspection, the committee members have not filed the report so far.
7. If some of the members are indisposed of, who might not have participate or not able to sign the report, at least the report can be submitted by the remaining members, so that what is going on there could have been brought to notice of this Tribunal, which they have not done. Further, since some of them are independent respondents in the proceeding, they are also expected to file an independent response to the allegations made in this regard. When there is a violation of CRZ Notification, then it is for the CZMA to report the same to this Tribunal. As per the notification which the SCZMA relies on, in most of the cases where they are parties is the Notification of 2014 by which the District Collector is the Chairman and the District Environmental Engineer is the 7 convener who are vested with the power of taking action in respect of violation of CRZ Notification in the respective districts.
8. Quite unfortunately, the District Collector in that capacity also has not filed any independent statement so far. That shows the nonunderstanding of the powers vested with the District Collector, especially when serious environmental issues have been projected before this Tribunal. It is not that the Tribunal is not having the power to appoint any committee without including the official respondents, but this Tribunal wants to get the real picture from the regulators. Only if the Tribunal is not satisfied with the report, an independent person other than the official respondents who are expected to take action in such cases need to be appointed and power of the Tribunal is not affected by any of the provisions of the National Green Tribunal Act, 2010 as well for this purpose.
9. The applicant is directed to hand over a copy of the photographs and video graph said to have been taken in respect of the alleged illegal incidents to the District Collector and also to the Commissioner of Police and Joint Commissioner of Police, Eastern Zone, so that they can verify the genuineness of the allegations made and submit their independent report regarding the same, apart from filing the Joint Committee report as directed by this Tribunal. If there is any conflict between the Public Works Department and the SCZMA in this regard, then it is always better that an independent counsel can appear for the SCZMA and alert the SCZMA to expedite the inspection and submit the report in respect of violation of CRZ Notification.
10.The applicant is also directed to implead the Mining Department as well, so that they can also come with the report as to whether there is an illegal mining and whether such activities are permissible there or not.
11.They are directed to submit the respective reports to this Tribunal on or before 21.12.2021 by e-filing in the 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.
12.If the report is not filed as directed, then the District Collector and the Joint Commissioner of Police, Eastern Zone are directed to appear before this Tribunal and explain the nature of action undertaken by them and findings on their inspection and action (if any) taken in this regard.
13.The Registry is directed to communicate this order to the members of the Joint Committee, official respondents, and also to the Principal Secretary for Environment and Forest by e-mail immediately for their information and compliance of the directions and instruct the subordinate officials to file their respective reports as directed by this Tribunal before the next hearing date to avoid serious consequences to follow on account of noncompliance of the directions issued by this Tribunal.
12. The case was posted to 21.12.2021 for completion of pleadings and consideration of report. The matter was taken up on 21.12.2021 and this Tribunal reviewed the order passed on 22.11.2021 and also the order passed on 10.12.2021. Certain observations were made about the in action on the part of non-submission of the reports by the respective official respondents as well. Thereafter, this Tribunal also considered the report submitted by the Director, Integrated Regional Office, MoEF, Chennai dated nil, e-filed on 20.12.2021 extracted in Para 8 of the order which reads as follows:
8 9 10 1113. This Tribunal also directed the Coastal Zone Management Authority to file an independent report and posted the case to 10.01.2022. the matter was taken up on 24.01.2022 and considered the report submitted by Joint Committee dated nil, e-filed on 23.01.2022 extracted in Para 2 of the order which reads as follows:12 13 14 15
14. Thereafter, this Tribunal passed the following order:
3. Though, the office informed that the report was not received because of the defect that it was not signed by two members. Considering the submissions of the Learned Counsel appearing for the State Department that since the District Collector was infected with COVID and the MoEF&CC official, though present at the time of inspection, filed the independent statement before the Tribunal as he was not available to obtain his signature. They could not get their signatures and to avoid delay in filing the report, the report has been filed with the signature of the remaining members. We accept the explanation given by the standing Counsel for the State Departments as the independent responses have been filed by all the stakeholder-respondents in the case in tune with the observations made by the Joint Committee and receive Joint Committee report and the office is directed to receive the report instead of returning the same.
4. They have not mentioned in the report as to what they are doing with the sand removed from the river mouth and kept as heaps on the side of river. If it is not properly spread over the low lying areas, for the purpose of replenishment 16 of the sand and also to protect the shore line as part of shore line management, otherwise the heap of sand lying is likely to be misused or stolen by the miscreants which will cause huge loss to the exchequer.
5. The applicant wanted to file some objections to the Joint Committee report and also to the some observations made by the District Collector in their report.
The applicant is directed to file the objections, if any, to the Joint Committee report and also to the independent reports filed by the State respondents and get ready with the matter on Monday, namely, 31.01.2022.
15. The case was posted to 31.01.2022 for consideration of objections, if any and hearing.
16. On 17.02.2022, this Tribunal had considered the report submitted by the Superintending Engineer, WRD, Palar Basin Circle, Chennai - 5 dated 16.02.2022, e-filed on the same date extracted in Para 2 of the order which reads as follows:
"Report filed by the Superintending Engineer, WRD, Palar Basin Circle, Chennai - 5 I, A. Muthaiya, S/o. Ashokan, aged about 57 years residing at C Block, 207, Casagrand Aristo Apartments, Noble Street, Nanaganallur, Chennai - 6, in my capacity as Superintending Engineer, WRD, Palar Basin Circle, Chennai in charge of the impugned mouth of the River Cooum, filing this report pursuant to the orders dated 15.09.2021 made by this Hon'ble Tribunal in the O.A. herein and also the Public Works Department has been appointed as the nodal agency for providing necessary logistics for this purpose.
2. In compliance of the order dated 31.01.2021 of this Hon'ble Tribunal to the queries raised by this Hon'ble Tribunal is submitted as follows:
(i) The sand removed from the river mouth would be used for filling up the low lying portions of the proposed memorial for Muthamizh Arignar Dr. Kalaignar at Arignar Anna Memorial Campus at Kamarajar Salai, Chepauk for which necessary Administrative Saction has been accorded in G.O. Ms. 144, Tamil Development and Information (Memorials) Department dated 08.11.2021 for which a request has been made by the Public Works Department, Buildings to the Chief Engineer, WRD, Chennai Region, Chennai - 5.
(ii) In order to prevent misuse of sand or stolen by the miscreants, the Joint Commissioner of Police, East Zone along with the Inspector of Police, Anna Square jurisdiction and Joint Committee members inspected the site near Napier Bridge, Cooum River and after the said inspection, the Inspector of Police submitted his report by his letter dated 27.11.2021 to the Assistant Commissioner of Police, Triplicane Range that he is taking steps to prevent any illegal sand quarry and regular beat patrol is sent out to monitor the site.
3. The Police Department is continuously monitoring the illegal or unauthorized sand quarry or unauthorized vehicles near Cooum river mouth as follows:-
a. By sending Beat Patrol Police regularly to watch, monitor near Napier Bridge at Cooum River mouth.
b. The Police Constables throughout the day and night are visiting the site physically to prevent any attempt of illegal sand quarry. c. The police personnel are constantly inspecting the Cooum River mouth with Beach Buggy Vehicles in order to prevent any illegal activities in and around the Cooum River mouth.
d. The police personnel are instructed to Water Resources Department to inform the vehicles allowed into Cooum River Mouth for removing the accumulated sand bar.17
It is, therefore, prayed that this Hon'ble Tribunal may be pleased to take on record the submissions made above and pass appropriate further order as deemed fit in the facts and circumstances of the case and thus render justice."
17. The Tribunal also considered the Interlocutory Application filed by the applicant as I.A. No. 34 of 2022 seeking certain directions to be issued and posted the case to 21.02.2022 for filing objection, if any, to the report, consideration of report filed by the Superintending Engineer. On 21.02.2022, this Tribunal considered the I.A. No. 34 of 2022 filed by the applicant and allowed the application by expunging certain observations made against the applicant in the report submitted by the District Collector. Thereafter, this Tribunal passed the following order:
7. As regards the report which was extracted in the earlier order is concerned, the Water Resources Department (WRD) has mentioned that the sand removed from the river mouth would be used for filling up the low lying portions of the proposed memorial for Muthamizh Arignar Dr. Kalaignar at Arignar Anna Memorial Campus at Kamarajar Salai, Chepauk, for which, necessary Administrative Sanction has been accorded as per G.O. Ms. 144, Tamil Development and Information (Memorials) Department dated 08.11.2021, for which, a request has been made by the Public Works Department (Buildings) to the Chief Engineer, WRD, Chennai Region, Chennai - 5.
8. They have not produced the Government Order referred in the report and they have not mentioned as to whether the sand that has been removed from the river mouth can be shifted to any other place or it can be used for any other purpose without obtaining necessary permission from the State Coastal Zone Management Authority or other clearances required in this regard.
9. The Chief Engineer, Water Resources Department (WRD) is directed to file a report as to what is the quantity of sand that has been removed from the river mouth to ensure free flow of water in Cooum River, what is the quantity of sand that is required for the proposed work and whether any other permission as per the provision of the Mining laws and other environmental laws is required for this purpose.
10.The State Coastal Zone Management Authority - Tamil Nadu is directed to file an independent statement regarding the procedure to be followed for widening the river mouth which is converging with the sea at the mouth and if the sand has to be removed from that area, whether any specific permission under the CRZ Notification is required for that purpose, even using it for sand nourishment in that area.
11.They are directed to file their respective reports to this Tribunal on or before 11.03.2022 by e-filing in the 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 and parties are directed to get ready with the matter on 16.03.2022 for hearing.
12.The Registry is directed to communicate this order to the official respondents, apart from communicating this order to the Additional Chief Secretary for Environment, the Chairman - State Coastal Zone Page 6 of 6 Management Authority and the Chief Engineer - Water Resources Department (WRD), Chennai by e-mail for their information and compliance of directions.18
18. The case was posted to 16.03.2022 for consideration of further reports and hearing. The matter was taken up on 22.03.2022 and considered the report submitted by the Superintending Engineer, WRD, Palar Basin Circle, Chennai - 5 dated 11.03.2022, e-filed 14.03.2022 extracted in Para 3 of the order which reads as follows:
19 20 2119. Thereafter, the Tribunal passed the following order:
4. It is seen from the report that the accumulated sand bar removed from the mouth and usually dumped during monsoonal periods when the tidal waves would be very active close to shore line and dumped sand would recede in off season. Now that the dumped sand is required by the Chief Engineer (Buildings) for filling up the low pockets of the back side of memorials campus it is for the Chief Engineer (Buildings) to lift the dumped sand and convey to the low lying areas after getting necessary approvals from the authorities concerned, if required and the Water Resources Department is not involved in this activity, if permission is accorded by the Government. The sand was dumped while clearing the mouth from time to time when accumulation was seen.
5. They mentioned that quantum of sand dumped while clearing the mouth is about 3150 cubic meter and the same would be used for filling up the low pockets and evenly spread in the same area wherever necessary so that the sea water does not upswing beyond the shore line due to the tidal waves.
6. Learned Counsel appearing for the applicant wanted some time to file his objections to the report.
7. Monitoring of legal mining continuously by the Tribunal is not possible. It is for the regulators to take appropriate steps to provide necessary monitoring mechanism. However, we feel it appropriate to give one opportunity to the applicant to file objection to the latest report filed by the Water Resources Department and thereafter, pass appropriate orders for disposing the matter.
8. The applicant is directed to file his objections to the report of the Water Resources Department on or before 28.03.2022 and get ready with the matter on 31.03.2022 22
20. The case was posted to today for objection, if any, to the report and hearing.
21. 4th respondent District Collector has filed an independent report dated 27.12.2021, e-filed on 04.01.2022 which reads as follows:
23 24 25 26 27 28 29 3022. The Mining and Geology Department also filed a report through their Assistant Director 04.01.2022 nil e-filed on 05.01.2022 which reads as follows:31 32 33 34 35 36 37 38
23. Heard the Counsel for the applicant and the Learned Counsel for the respondents.
24. The Learned Counsel for the applicant submitted that though the reports submitted by the various Departments and the Joint Committee shows that no illegal mining is carried in that area but in fact such things are happening in that area which is not being prevented. So some permanent solution will 39 have to be provided for the purpose of supervising these aspects. A permanent Committee will have to be constituted for reviewing the activities in that area and if there are any violations found to take appropriate action which may include some officers either from MoEF&CC, integrated Office, Chennai or Coastal Zone Management Authority.
25. On the other hand the Learned Counsel for the State Department submitted that they are on vigil and whenever certain illegal activities are found, they are immediately taking appropriate action. Further the sand that is being removed from the river mouth as part of channelization, as pre-monsoon activity, it is not being removed from the area but in fact it is being spread in low lying areas. Though certain permission was granted for removal of the same for certain purposes, the persons to whom it was granted has to obtain necessary permission, if any, required under the required laws.
26. We have considered the pleadings and also the various reports filed and the submissions made by the Learned Counsel for both sides.
27. The allegations made in the application are of serious nature. The allegation was that large scale illegal sand mining is happening near Napier bridge at the Coocum river mouth when it joins Bay of Bengal. Large scale machineries were also used for this purpose in CRZ-IA and IB areas which are Ecosensitive zones under CRZ Notification and sand mining is totally prohibited in that area. If the allegations are true, then it is a serious matter to be looked into and it has to be seriously dealt with by the authorities. But it is seen from the reports submitted by the authorities that no permission has been granted for doing mining in that area and the Water Resources Department is only taking steps to channelize the Coocum river mouth which joins Bay of Bengal as part of their widening the river mouth to avoid flood and ensure free flow of water. No permission has been granted to 40 remove the sand that has been collected by virtue of that activity. Recently at the request of some Department, some permission has been granted by the Department but that Authority also has to follow the mechanism for obtaining permissions etc for that purpose.
28. It may be mentioned here under the CRZ notification the sea sand mining is prohibited in the eco sensitive zone like CRZ-IA and IB. Further, it was fairly conceded by the Government Department that Government also prohibit sea sand mining as it is against the CRZ Notification. It is seen from the reports that the Water Resources Department is only doing river mouth cleaning and channelizing. The Joint Committee report says that even for doing dredging in CRZ-IA and IB, they will have to obtain necessary clearance from the Coastal Zone Management Authority under the CRZ Notification, 2011 and 2019. It is very difficult for the Tribunal also to monitor each and every allegation of illegal sand mining in the areas where such activities are reported to be taking place. It is for the regulators to take appropriate measures to check such activities and bring those persons who are committing such illegal activities before law. There must be a regular mechanism and regular committee to be appointed for this purpose.
29. It is seen from the report submitted by the District Collector that task force committee has been appointed at District level and Taluk level for the purpose of monitoring these aspects and whenever certain violations are brought, action is being taken against those persons. But in spite of all such Commiittees, regular complaints are being reported in the newspaper reports and also certain applications are being filed by the applicants in this regard. So under such circumstances, it is necessary to direct the appropriate authorities to take appropriate steps to check these activities 41 and we feel that the application can be disposed of by giving following directions:
i. The Chief Secretary is directed to form a permanent committee consisting of the Additional Chief Secretary for Environment, Forests and Climate Change, Director, Geology and Mining Department, the Member Secretary of Coastal Zone Management Authority, the District Collector, Chennai and Commissioner of Police or his nominee not below the rank of Joint Commissioner in the Committee to monitor the sensitive areas where such alleged illegal activities are said to be happening and take appropriate action against those violators.
ii. The Additional Chief Secretary for Environment, Forest and Climate Change is directed to issue necessary instructions regarding obtaining of CRZ Clearance for dredging in eco sensitive zones of CRZ-IA and IB from the Coastal Zone Management Authority and after conducting necessary study as to how much accumulated sand has to be removed and how the sand removed has to be utilised for sand replenishment in that area.
iii. Whenever they want to remove the sand for any other purpose under some Government directions, then the authorities who have been permitted to remove the same are also directed to obtain necessary permissions required under the CRZ Notification and other environmental laws before removing the same from that area for purposes other than spreading the same in low lying areas and replenishment and shoreline management purposes.42
iv. The District Collector in consultation with the Police Head is directed to install CCTV cameras in the hotspot where such activities are expected to recur and monitor the same from the office of Commissioner and take appropriate action against those persons, if any, illegal activity is noticed with footprints in accordance with law.
v. There must be regular patrolling of the police in that area to monitor the areas against perpetration of illegal activities and if any, heavy machineries or vehicles are brought to the ecosensitive zones, namely, the CRZ-IA and IB, then they are directed to take appropriate action against those persons who are brining heavy machineries for doing such illegal activities including seizure and confiscation of those vehicles invoking the relevant provisions of the statutes available for this purpose apart from initiating prosecution in accordance with law.
vi. The Committee is directed to ascertain the area where remediation measures are required for over exploitation of sand and the remediation activities will have to be carried out by the respective authorities as directed by the committee.
vii. Considering the circumstances, the parties are directed to bear their respective costs in the application.
viii. Registry is directed to communicate this order to the District Collector, Chennai, the Member Secretary of Coastal Zone Management Authority, Commissioner of Police, the Additional Chief Secretary, Water Resources Department, Additional Chief Secretary for Environment, Forests and Climate Change and the 43 Chief Secretary to Government for their information and compliance of the directions.
30. With the above observations and directions, the application is disposed of.
31. Since the matter has been completely disposed of. I.A. No. 140 of 2021 filed by the applicant along with the application is also disposed of as no further independent order is required in that application.
......................................J.M. (Justice K. Ramakrishnan) .....................................E.M. (Dr. Satyagopal korlapati) O.A. No.203/2021(SZ)& I.A. No. 140/2021(SZ) 31st March, 2022. AM 44