National Green Tribunal
S.M. Sivan vs 1. The Government Of Tamil Nadu Rep By Its ... on 21 May, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.01:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 107 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
S.M. Sivan,
Silver Cloud Estates,
Nilgiris. ...Applicant(s)
Verses
The Government of Tamil Nadu,
Rep by its Secretary to Government,
Department of Environment & Forest,
Chennai and Others. ....Respondent(s)
Date of hearing: 21.05.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Mrs. Selvi George
For Respondent(s): Mr. C. Kasirajan through
Ms. D. Ashwini for R3 and R6
ORDER
1. The grievance in this application is regarding the Menance caused on account of dumping of garbage and not disposing of the same in a scientific manner in Old Survey No. 195/2A and Re-Survey No. 1281at 27th Mile of Upper Gudalur Village belongs to one private person who is the 8th respondent in this case. 1
2. According to the applicant, even on earlier occasions, there were litigations filed before this Tribunal as O.A. No. 86 of 2017 and in that case this Tribunal had restricted the user of this property for a smaller extent of 1 acre alone and also directed to shift the same to an alternate place at Padanthurai.
3. There are other litigations also in respect of the same as O. A. No. 209/2015, O.A. No. 190/2015 and all these cases were disposed of by the Principal Bench of National Green Tribunal, New Delhi through Video Conference by Judgement dated 26.11.2018 where by the District Collector, Udhagamandalam District and the Commissioner Gudalur Municipality were directed to prepare an action plan for implementation of Solid Waste Management Rules, 2016 in their area and comply with the directions issued by the Principal Bench in O.A. No. 606 of 2018 and submit periodical reports regarding the compliance of the same.
4. The Tamil Nadu State Level Monitoring Committee for Solid Waste Management Rules, 2016 was also directed to monitor the same and submit periodical reports regarding the same. In spite of all these things, the Municipality has not taken any steps to implement the same, but still continuing to deposit the waste in that area, causing untold hardships to the members of the locality. Though representations were made to the authorities, no steps have been taken by them. That prompted the applicant to file the application seeking the following reliefs:-
1) Direct the 7th Respondent to relocate and shift the dumping Garbage yard from S.No. 195/2A in R. S. No. 1281 at 27th Mile of Upper Gudalur, Gudalur Village to any other place at Padanthurai and thus render justice.2
2) Grant an order of Permanent Injunction restraining the Respondents, their men, agents, servants, subordinates or anybody from dumping the Garbages and burning the same in 3.10 acres of land in S. No. 195/2A in R. S. No. 1281 at 27th Mile of Upper Gudalur, Gudalur Village and surrounding area.
3) Award Costs incurred for this litigation.
5. When the matter came up for hearing for admission today through Video Conference, Mrs. Selvi George appeared for the applicant. Sri. Kasirajan through Ms. D. Ashwini represented respondents 3 and 6.
6. It is the primary responsibility of the local body to implement the Solid Waste Management Rules, 2016 and comply with the procedure provided therein for collection, segregation and disposal of the same. They are expected to segregate the Bio-degradable waste and convert the same into manure and non- bio-degradable waste into different categories of re-usable, recyclable and if it is not coming under these things deal with them in the manner provided under the said rules. If it is not properly incorporated in a particular area then, the District Collector of the respective area is also having some responsibility under Rule'12 of the said rules to look into the issue and resolve the issue in an effective manner.
7. It is also seen from the documents produced by the applicant that when this aspect has been brought to the notice of this Tribunal and certain directions have been issued to solve the issue in an effective manner, but in spite of that, according to the applicant, no effective steps have been taken by them to resolve the issue permanently.
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8. On going through the allegations in the application, we are satisfied that there arises a substantial question of environment which requires the interference of this Tribunal for resolving the same. So the matter is admitted.
9. Issue notice to the respondents by Registered post with acknowledgement due and by e-mail and produce proof of service on them by filing proof of affidavit as per rules.
10. The applicant is also directed to serve a copy of the application along with the documents produced to the standing counsel appearing for Tamil Nadu Pollution Control Board (TNPCB) within a week and produce proof of such service by filing proper affidavit as per rules.
11. The applicant is also directed to produce necessary requisites along with postal cover and the necessary postal stamps before this Tribunal within a week, to send notice to all the respondents through Tribunal, to ensure service on them, so as to enable this Tribunal to proceed against them, if they did not appear in their absence in accordance with law.
12. In order to ascertain the present status and the implementation of the directions issued by this Tribunal by common order in O.A. Nos. 525/2018, 526/2018, 527/2018 and 528/2018 which were earlier filed before the Southern Bench and transferred to the Principal Bench of National Green Tribunal, New Delhi and disposed of by order dated 26.11.2018 and also compliance and implementation of the directions of the Principal Bench in O.A. No. 606 of 2018 and the implementation of Solid Waste Management Rules, 2016 in this local body, we feel it appropriate to appoint a joint committee comprising of (1) The 4 District Collector, Udhagamandalam District, (2) a Senior Officer from the Tamil Nadu Pollution Control Board (TNPCB) deputed by its Chairman and (3) The District Forest Officer (DFO), Gudalur Division to inspect the area in question and submit a factual as well as action report if there is any violation found.
13. The committee is also directed to ascertain as to whether the directions issued by this Tribunal in the connected cases mentioned above have been strictly implemented by preparing an action plan to implement the same and whether the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 in this regard have been complied with by the Gudlur Municipality and if it is not done what is the action taken by the regulator as has been envisaged in the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 606 of 2018 and whether the directions issued by the Southern Bench in the above case as per order dated 12.05.2017 have been strictly implemented and whether any steps have been taken to shift the existing dumping ground to the proposed site in Padanthurai and if so, what is the present status of the same.
14. The Tamil Nadu Pollution Control Board (TNPCB) will be the nodal agency for co-ordination and for providing necessary logistics for this purpose.
15. The applicant is also directed to submit a set of papers to the members of the committee within a week, so as to avoid delay in submitting the report.
16. The committee is directed to submit the report to this Tribunal on or before 30.06.2021, by e-filing in the form of searchable PDF/OCR Support PDF and not 5 in the form of Image PDF along with necessary hard copies to be produced as per rules.
17. In the mean time the office is also directed to ascertain as to whether any periodical reports have been filed by the authorities as directed in the common order in O.A. No. 525/2018 and in the connected matters by order dated 26.11.2018 and if so those periodical reports also be placed for consideration along with this case on the next hearing date.
18. The Registry is directed to communicate this order to the members of the committee as well as the official respondents immediately through e-mail, so as to enable them to comply with the direction and for filing their independent response to the allegations made in the application and also for filing their independent report as directed by this Tribunal.
19. For appearance of parties, for filing independent response and also for consideration of report, post on 30.06.2021.
..................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Dr. K. Satyagopal) O. A. No.107/2021, (SZ) 21.05.2021, Sr. 6