National Green Tribunal
Punganur Consumer Protection Council ... vs The State Of Tamil Nadu Rep By Its ... on 31 August, 2017
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Application No.92 of 2017 (SZ)
Applicant(s) Respondent(s)
Punganur Consumer Protection ; The State of Tamil Nadu represented by its Council, rep. by its Adviser Secretary, Department of Revenue S.Vijayakumar (Land Development) 28/8, Chinna Kannara Street, Fort St. George, Chennai and others Mayiladuthurai, Nagapattinam Dist.
Counsel appearing for appellant
\ Counsel appearing for respondents
Mr.S.Vijaya Kumar Mr.E.Manoharan for R1 to R8
Mr. M/s. P. Srinivas, N.K. Ponraj
R. Purushothaman for R8
Note of the Orders of the Tribunal
Registry
Item No. Date: 31st August, 2017
Mr. K. Sankar, Assistant Engineer, P.W.D, Cauvery Basin, Mayiladuthurai is present in the Tribunal. He has informed this Tribunal that certain encroachments have been removed in Pattamangalam Channel and Cauvery River which are situated within 2 Km of the Mayiladuthurai Town Area. However, it is a fact that the Nodal Officer viz., the District Collector, Nagapattinam District has given appropriate direction to the Revenue and other Departments for the purpose of identifying the exact number of encroachments in the Town as well as other areas which are stated to be nearly 7 Km.
We direct the District Collector, Nagappattinam to coordinate with the Revenue and other Departments for the purpose of conducting an effective survey in order to ascertain the encroachments, based on which the P.W.D shall formulate a time bound scheme for the purpose of implementing the removal of such encroachments which will require consent of the persons who are occupying. The 8th respondent - Municipality has filed report. The report also refers to the meeting of the District Collector, Nagappattinam convened on 28.8.2017 in the presence of various officers. Even though various directions have been given for the purpose of desilting all water bodies and about the removal of encroachments, it remains the fact that within the jurisdiction of the Municipal area, there are nearly 191 encroachments in the form of residential houses which are to be removed. Steps must be taken for the purpose of rehabilitating those occupants. So far as the removal of encroachments, we direct the District Collector, Nagappattinam to implement the same by giving appropriate directions to various authorities concerned. We also make it clear that in the event of the Municipality seeking for any fund from the government for the purpose of desilting the water bodies, the Secretary to Government, Revenue Department and the Secretary to Government, Municipal Administration shall consider such request and pass appropriate orders for the purpose of releasing the fund expeditiously. If the Central Government has allotted any fund for the purpose of implementing the above said work, the District Collector shall utilise the same.
The P.W.D, Cauvery Basin Division shall frame a time bound scheme for the purpose of removal of encroachments and submit a report about the number of encroachments by the next date of hearing.
The Commissioner of Mayiladuthurai Municipality has stated that in respect of the solid waste management, bye-laws have been framed by the Municipality and the same is notified in the government Gazette on 1.8.2017. The Commissioner submits that steps are taken for the purpose of implementing source segregation when the daily generation of waste in the Municipal area is stated to be 35 MT. We make it clear that the waste generated shall be dealt with strictly in accordance with the provisions of the Solid Waste Management Rules, 2016.
Post this application for further order on 4.10.2017 .............................................., JM (Justice Dr. P. Jyothimani) ..............................................,EM (Shri P.S. Rao)