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National Green Tribunal

Gopal Chinna Mudalyar Chavady vs State Of Tamil Nadu & Ors on 15 November, 2022

Item No.05                                                    (Court No. 2)

                BEFORE THE NATIONAL GREEN TRIBUNAL
                         PRINCIPAL BENCH

             (Through Physical Hearing with Hybrid VC Option)
                     Original Application No.473/2022


Gopal Chinna Mudalyar Chavady                                     ...Applicant

                                   Versus
State of Tamil Nadu & Ors.                                     ...Respondent


Date of hearing:   15.11.2022


CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
       HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

Applicant:               None.

Respondents:             Ms. Charu Singhal, Advocate for MoEF & CC.
                         Dr. Joseph Aristotle, Sr. Advocate and Mr. Shobhit
                         Dwivedi, Advocate for State PCB.

     Application is registered based on a complaint received by Email.

                                   ORDER

1. The grievance in the present letter petition sent by Mr. Gopal Chinna Mudalyar Chavady, Kottakuppam Vannur talk, District Villupuram, a resident of small fishing village, is against violation of Coastal Regulation Zone (CRZ) Notification in their village as within area of 10 meters so many private beach hotels are running, new building construction is going on and so many lands have been purchased for private hotels and guest houses.

2. Vide order dated 01.08.2022, this Tribunal constituted a Joint Committee comprising of Regional Office of MoEF, Chennai, Tamil Nadu Coastal Zone Management Authority (TNCZMA), State PCB and Collector, Villupuram and directed the same to submit factual and action taken report within three months.

3. In compliance thereof, the report of the Joint Committee has been filed by JCEE-IV/Law, TNPCB vide email dated 10.11.2022. O. A. No. 473/2022 Gopal Chinna Mudalyar Chavady Vs. State of Tamil Nadu -2-

4. In view of the averments in the application and observations in the report of the Joint Committee, we consider it appropriate to have response of (1) State of Tamil Nadu through Chief Secretary, Government of Tamil Nadu , (2) Regional Office, Ministry of Environment, Forest and Climate Change, Chennai, Tamil Nadu (3) State PCB , (4) District Collector, Villupuram, (5) M/s Mermaid, Resort-1 (P1), Lease 11°58'40.57 " N 79°50'46.11 "E (6) M/s Mermaid Resort - 2 (P2), Lease 11°58'40.65 " N 79°50'46.72"E (7) M/s L Ambay Cafe Resort -1 (P3) Lease 11°58'42.83 " N 79°50'47.65 "E, (8) M/s New Building under Construction on (P4) Lease 11058'44.27 " N 79°50'48.05 " E and (9) M/s. L-Ambay Café Resort-2, (P5) Lease 11°58'44.73 " N 79°50'48.38 "E, who stand impleaded as respondents No. 1 to 9. The Registry is directed to prepare and attach memo of parties to the application and issue notices to respondents No. 1, 2 and 4 to 9 requiring them to file their reply/response within two months at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.

5. Notices be served on respondents no. 5 to 9-Project Proponents through the District Collector, Villupuram and for this purpose notices issued to the Project Proponents be sent to the District Collector, Villupuram by E-mail for getting service of the same effected on them and sending his report in this regard.

6. List the matter for further consideration on 23.02.2023.

7. A copy of this order be also sent to the District Collector, Villupuram by E-mail for ensuring requisite compliance.

Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM November 15, 2022 AG