National Green Tribunal
Swaminathan Ramadoss vs District Collector on 24 February, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.46:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 18 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
R. Swaminathan,
Nagapattinam and Ors.
...Applicant(s)
Versus
The District Collector,
Nagapattinam and Ors.
...Respondent(s)
Date of hearing: 24.02.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Mr. A. Yogeshwaran represented
Mr. M.R. Gokul Krishnan.
For Respondent(s): Mr. M. Mani Gopi for R1 to R3, R5 & R8.
Mr. P. Srinivas through
Mr. N.K. Ponraj for R4.
Mr. C. Kasirajan through
Ms. Kothai Muthu Meenal for R7.
Page 1 of 10
ORDER
1. As per order dated 25.01.2021, this Tribunal had admitted the matter and appointed a Joint Committee to go into the question and submit a report and posted the case to today for appearance of parties, consideration of report and also for completion of pleadings.
2. When the matter came up for hearing today through Video Conference, Mr. A. Yogeshwaran represented Mr. M.R. Gokul Krishnan, the learned counsel appearing for the applicant. Mr. M. Mani Gopi represented respondents 1 to 3, 5 & 8, Mr. P. Srinivas through Mr. N.K. Ponraj represented 4th respondent and Mr. C. Kasirajan through Ms. Kothai Muthu Meenal represented 7th respondent.
3. We have received the Joint Committee report dated 19.02.2021 received on 24.02.2021 which reads as follows:-
"Joint Inspection Report in connection with Hon'ble National Green Tribunal (SZ), Chennai order dated 25.01.2021 in O.A. NO.18 of 2021 filed by Thiru R. Swaminathan, Nagapattinam against M/s. Nagapattinam Vaniyar Sangam.
It is submitted that Thiru. R. Swaminathan, Nagappattinam has filed an Application in O.A. No.18 of 2021 before the Hon'ble NGT (SZ), Chennai against the following respondents.
1) District Collector, Nagapattinam.
2) The Revenue Divisional Officer, Nagapattinam
3) The Tahsildar, Nagapattinam
4) The Municipal Commissioner, Nagapattinam
5) Deputy Superintendent of Police, Nagapattinam
6) The Superintending Engineer, TANGEDCO, Nagapattinam
7) The District Environmental Engineer, TNPCB, Nagapattinam
8) District Fire Officer, Nagapattinam and
9) Thiru. Balakumar, President, Nagapattinam Vaniyar Sangam The above application was filed against the marriage hall of M/s. Nagapattinam Vaniyar Sangam functioning at No.7, Neela Mela Vethi, Nagapattinam without complying with necessary formalities of Page 2 of 10 getting permission and consent from the authorities and without providing necessary mechanism for dealing with the solid waste and other waste generated as per the Rules. In this regard, the Hon'ble NGT (SZ), Chennai in its order dated 25.01.2021 has directed to appoint a Joint Committee comprising with the following officials to inspect the area in question to submit a factual as well as action taken report if there is any violation found.
1) The District Collector, Nagapattinam District or a Senior Officer not below the rank of Assistant Collector or Revenue Divisional Officer to be deputed by him.
2) The Municipal Commissioner, Nagapattinam Municipality or a Senior Officer who is dealing with such matters as designated by the Municipal Commissioner.
3) A Senior Officer to be deputed by the Chairman, Tamil Nadu Pollution Control Board.
The Hon'bel NGT (SZ), Chennai has also directed the joint committee to ascertain as to whether the 9th respondent has complied with all the pollution norms and also obtained necessary permission as has been directed by the Principal Bench in O.A. No. 400 of 2017 and whether they are having all necessary licences and pollution control mechanism to deal with the waste generated in the premises at the time of conducting functions as required under Solid Waste Management Rules 2016, and whether they have obtained necessary permission for the purpose of extracting water for 5 their use and whether they have obtained necessary permission for the purpose of converting the house which is intended for domestic purpose into commercial purpose and whether there is any damage caused to the environment on account of the violations committed by the 9th respondent Association, namely Nagappatinam Vaniyar Association and if so, the committee is directed to assess the environmental compensation to be recovered from them apart from initiating necessary action if any violation is found in accordance with law.
The Tamil Nadu Pollution Control Board is also directed to submit an individual report regarding the action taken by them as regulator who are bound to implement the directions issued by the Central Pollution Control Board in respect of certain matters on the basis of directions given by the Principal Bench of National Green Tribunal in O. A. No. 400 of 2017 as mentioned above.
It is submitted that the Nagapattinam Municipality will be the nodal agency for co-ordination and for providing necessary logistics for this purpose.
The case is posted for hearing on 24.02.2021. (Copy of order enclosed vide Annexure-I).
Based on the above order, the Board has nominated the District Environmental Engineer, TNPCB, Nagapattinam for the above committee. Further, the District Collector, Nagapattinam has formed the Page 3 of 10 Joint Committee consisting of the following members vide proceeding R.C. No.1481/2021/R.D.10, Dt.15.02.2021 (Copy Enclosed vide Annexure- II).
Sl. Name of Designation of Member Description of
No. Committee
1 Revenue Divisional Officer, Nagapattinam Member -
Representing District
Collector
2 District Environmental Engineer, Tamil Member
Nadu Pollution Control Board,
Nagappattinam
3 The Municipal Commissioner, Nodal Member
Nagapattinam
A) Report of Nagapattinam Municipality:
i. It is submitted that, earlier a complaint was filed by the
petitioner Thiru. R. Swaminathan, Nagapattinam against the Nagapattinam Vaniyar Sangam on 25.07.2020 for which the officials of Nagapattinam Municipality were inspected the Vaniyar Sangam Building on 29.07.2020 and issued notice vide Na. Ka. No.F/1/1515/2020, dated 29.07.2020 under Section 218, 313, 339, 340 and 344 of Tamil Nadu District Municipal Act, 1920 wherein it has been stated that ground floor & first floor of the building are in unprotected, dangerous and in dilapidated condition. Also, northern and southern side of the wall on the ground floor of the building are in dangerous conditions and not fit for the public use, and hence the building should be vacated within 15 days of time and also north and south side walls should be demolished and removal (Copy Enclosed vide Annexure-III).
ii. Subsequently, the Vaniyar Sangam has sent a letter through Advocate to the District Collector, Nagapattinam and Commissioner, Nagapattinam Municipality vide letter dated 23.10.2020 stating that the Nagapattinam Vaniyar Sangam is a registered association which belongs to the Vaniyar Community. Further, it is stated that the building is utilized for the small level functions conducted by the Vaniyar Community people with low rent. And, the same is used by the Government during the disaster period for the public use. Though, the building is functioning from a long period, it has been renovate and the building is in good condition. But, the Commissioner Municipality has issued a notice based on the petitioner's pressures and political influences. Hence, Nagapattinam Vaniyar Sangam requested the District Collector to cancel the Notice issued by the Commissioner, Nagapattinam Municipality after assessing the stability of the building though qualified engineer (copy enclosed vide Annexure-IV).
iii. It is submitted that, the Municipality has issued notice under Section 216 (1) & (2) dated 18.08.2020 of Tamil Nadu District Municipal Act, 1920 for unauthorized construction in the front Page 4 of 10 portion of the building and to demolish the building (copy enclosed vide annexure-V). Since, the reply has not received from the Vaniyar Sangam, a confirmation notice was issued under Section 216 (3) dated 15.09.2020 of Tamil Nadu District Municipal Act, 1920 for unauthorized construction in the front portion of the building and to demolish the building (copy enclosed vide annexure-VI).
iv. Since, the Nagapattinam Vaniyar Sangam has not furnished reply to any of the notices, hene look and seal notice was issued by the Municipality to the Nagapattinam Vaniyar Sangam vide notice dated 18.12.2020 under Section 85 r/w Section 56 & 57 Tamil Nadu Town and Country Planning Act, 1971 (Copy enclosed vide Annexure - VII).
v. Subsequently, Thiru. S.S. Sekar, Secretary of Nagapattinam Vaniyar Sangam has filed case vide O.S. No.167/2020 before the Hon'ble District Munsifs Court, Nagapattinam against demolishing notice issued by the Municipality on 29.07.2020. The case is pending with the Hon'ble District Munsifs Court, Nagapattinam (Copy Enclosed vide annexure-VIII).
B) Report of TNPC Board, Nagapattinam i. Nagapattinam Vaniyar Sangam is located at Door No.07, Neela Mela Veedhi, Nagapattinam town was inspected by the officials of TNPC Board, Nagapattinam on 15.02.2021. Thiru. R.B. Avudai Thangam, Treasurer was present during the time of inspection. ii. The building is located on southern side of the petitioner's house.
iii. It was reported by the Nagapattinam Vaniyar Sangam that the building was constructed with tiled roof and functioning for a long period which was earlier used for association purpose and other small functions.
iv. Then, the building was renovated with RCC roof in the front portion and GI sheet covered roof at marriage hall & kitchen cum dining hall.
v. The above marriage hall is having the seating capacity of 150 numbers.
vi. Sewage along with wash water is discharged into underground sewer system provided by Nagapattinam Municipality. vii. The marriage hall is using firewood as fuel for cooking purpose and not provided Air Pollution Control measures in the kitchen area.
viii. No DG sets is available within the premises. ix. The solid wastes such as bio degradable & recyclable waste generated during functions is collected and reported to be disposed through local body, but no records are available with Vaniyar Sangam.
x. The unit has not applied for Consent of the Board and operating without consent of the Board regarding the disposal of the solid waste.
As the Nagapattinam Vaniyar Sangam has not provided Air Pollution Control measures in the kitchen area and operating without Page 5 of 10 consent of the Board, the Show Cause notice were issued under Water (P&CP) Act, 1974 as amended and Air (P&CP) Act, 1981 as amended vide Proceeding No.F.NPM.NA-001/OS/DEE/TNPCB/NPM/W/2021 dated 16.02.2021 and F.NPM.NA-001/OS/DEE/TNPCB/NPM/A/2021 dated 16.02.2021 respectively (copy enclosed vide annexure - XI).
C) Report of Joint Committee As directed by the Hon'ble NGT (SZ), Chennai the Joint Committee constituted by the District Collector has inspected M/s. Nagapattinam Vaniyar Sangam on 17.02.2021. Thiru. R. Swaminathan was present during the time of inspection and the committee had a discussion with applicant regarding the issue related to Hon'ble NGT Case. During inspection, Thiru S.S. Sekar, Secretary, Thiru R.B. Avudai Thangam, Treasurer and other members of the Nagapattinam Vaniyar Sangam were present and the report is submitted as follows:
i. Nagapattinam Vaniyar Sangam is located at Ward No.3, Block No.10, T.S. No.763, Door No.07, Neela Mela Veedhi, Nagapattinam town.
ii. The building is surrounded by the petitioner's house on north side, Tmt. Selvi's house at south side, Neela Mela Veedhi on eastern side and Thiru. Shaikdawood house on western side.
iii. It was reported by the Nagapattinam Vaniyar Sangam that the building was constructed with tiled roof and functioning since 1893.
iv. Earlier, the building was utilized for conducting association meeting, small community functions, utilized for free food to the public (Annatham) during temple functions and also utilized by the Government as temporary shelter for the public during the disaster period.
v. It was also reported that the existing tiled roof was damaged due to the "Gaja Cyclone" during 2018. Thereafter, the building has been renovated with RCC roof in the front side, steel roof in the hall and kitchen cum dining area and building is being utilized for marriage function etc., since 2018.
vi. The total area of the site was measured as 459 Sq. mt. It was observed that the building is constructed with a space at southern side only and without setback on other three sides.
vii. The northern side wall facing the petitioner's house and southern side walls of the Nagapattinam Vaniyar Sangam building was found in damaged condition.
viii. The above marriage hall is having the seating capacity of 150 numbers.
ix. Sewage along with waste water such as washing of utensils & kitchen floor generated from the marriage hall is being discharged into the underground sewer system provided by Nagapattinam Municipality. In this regard, the Page 6 of 10 Nagapattinam Municipality has raised a demand notice to the Nagapattinam Vaniyar Sangam towards underground drainage (UGD) charges during the period 2018-19 (Copy enclosed vide Annexure-X).
x. The marriage hall is using firewood as fuel for cooking purpose and not provided Air Pollution Control Measures in the kitchen area.
xi. No D.G. set is available within the premises. In this regard, it was reported that the D.G set will be bought out on hire basis by the party itself during the functions. After function, the DG set will be taken out from the premises.
xii. The solid wastes such as bio degradable & recyclable waste generated during functions is collected and reported to be disposed through local body, but no agreement has been made with municipality.
xiii. The Nagapattinam Vaniyar Sangam has not obtained Building Plan permission from the municipality. xiv. The Nagapattinam Municipality has already issued notices under Tamil Nadu District Municipal Act, 1920 for unauthorized construction of the building and Tamil Nadu Town and Country Planning Act, 1971 for lock and seal the building.
xv. Subsequently, Thiru. S. S. Sekar, Secretary of Nagapattinam Vaniyar Sangam has filed case vide O.S. No.167/2020 before the Hon'ble District Munsifs Court, Nagapattinam against demolishing notice issued by the Municipality on 29.07.2020. The case is pending with the Hon'ble District Munsifs Court, Nagapattinam.
xvi. Further, Show Cause notices were issued by the TNPCB on 16.02.2021 under Water (P&CP) Act, 1974 as amended and Air (P&CP) Act, 1981 as amended for not provided APC measures to the kitchen area and operating the vaniyar sangam building without obtaining consent of the board. xvii. The Nagapattinam Vaniyar Sangam vide their letter dated 19.02.2021 addressed to the Joint Committee informed that the above building will be utilized for the purpose of welfare and other activities of Sangam only in future and also assured to comply with the Government Rules (Copy Enclosed vide Annexure-XI).
e) Compliance of Guidelines issued by the CPCB in connection with Hon'ble NGT (PB) in O.A. NO.400 of 2017
1) Water Pollution:
The Sources of sewage and waste water generation from the marriage hall are as follows:
1. Sewage
2. Washing of Utensils
3. Washing of kitchen floors Page 7 of 10 Sewage along with waste water such as washing of utensils & kitchen floor generated from the marriage hall is being discharged into underground sewer system provided by Nagapattinam Municipality. In this regard, the Nagapattinam Muncipality has raised a demand notice to the Nagapattinam Vaniyar Sangam towards under ground drainage (UGD) charges during the period 2018-19 which is treated through Sewage Treatment Plant to handle 9.63 MLD of sewage generated from the Nagapattinam Municipality. The STP is in operation and issued with Consent of the Board.
1a) Ground Water Extraction:
There is no bore well inside the premises of marriage hall. However, the well closed with concrete slab is existing inside the kitchen area rain water from the roof top is collected in the well and the unit is utilizing well water as well as water supplied by the Nagapattinam Municipality for their activities.
1b) Water Conservation Measure:
The rain water from the roof top is collected in the well provided inside the kitchen area.
2) Air Pollution:
It is submitted that no D.G. set is available within the premises. The source of Air Pollution is from the Kitchen area. Marriage hall is using firewood as fuel for cooking purpose and not provided Air Pollution Control Measures in the kitchen area. Also, it was observed that there is no coal fired tandoor in the marriage hall.
2a) Energy Conservation Measures:
It is submitted that the marriage hall has provided LED Bulbs and not provided the solar energy system. There is no parking facility available for marriage hall since it is located on the side of the Neela Mela Veethi, Nagapattinam Town. Also, there is no adequate area is provided within the premises of the marriage hall of parking of vehicles.
3) Solid Waste Management:
The sources of Solid Waste generation are as follows:
1. Kitchen waste
2. Use of disposal plastic item such as plastic bottles
3. Leftover food items The maximum generation of solid waste during function is about 500 kg. The bio degradable waste such as kitchen waste & leftover food items are disposed through local body. The recyclable waste such as Plastic Bottles generated during functions is collected and reported to be disposed through local body, but no agreement has been made with municipality. There is no generation of hazardous waste such as used oil and used batteries.Page 8 of 10
4) Noise Pollution:
It is submitted that the loud speakers are used during the marriage functions which may cause nuisance to the petitioner as well as public. Busting of crackers during marriage procession also being carried.
5) Infrastructure issues related to parking etc.:
It is submitted that fire & safety measures are not available and also not obtained NOC from the Department of Tamil Nadu Fire & Rescue Services.
6) Status of Consent of the TNPCB:
The unit has not applied for Consent of the Board and operating without obtaining Consent to Operate of the Board. Hence, show cause notices were issued by the TNPC Board on 16.02.2021 under Water (P&CP) Act, 1974 as amended and Air (P&CP) Act 1981 as amended for not provided APC measures to the kitchen area and operating the Vaniyar Sangam building without obtaining prior Consent of the Board giving 15 days time to furnish the reply for the show cause notices.
Conclusion of the Committee:
(i) It is submitted that the unit has filed a cause before District Munsifs Court, Nagapattinam is O.S. No.167/2020 against the notice issued by the Nagapattinam Municipality. Hence, the further course of action will be initiated after the outcome of the court order.
(ii) It is submitted that the Show Cause Notices were issued to the unit by the TNPC Board for the violations stated therein and further course of action will be initiated against the unit by TNPC Board and assessment of environmental compensation will be calculated after receipt of reply from the unit.
Submitted interim report to the Hon'ble NGT (SZ), Chennai, please."
4. The Tamil Nadu Pollution Control Board (TNPCB) also filed their independent report more or less reiterating the facts mentioned in the Joint Committee report.
5. It was informed by the office that no steps have been taken by the applicant to send notice through Tribunal to the respondents. However, we direct the counsel for the applicant to take steps to send notice to the party respondent as other official respondents have entered appearance through standing counsel Page 9 of 10 within a week so that notice can be sent to the 9th respondent through the Tribunal to ensure service on them to proceed against them, if they did not appear in their absence in accordance with law.
6. The respondents are also directed to file their independent reply statement on the basis of the observations made by the Joint Committee regarding the violation said to have been committed and action taken by them against the 9th respondent before the next hearing date.
7. The Pollution Control Board is also directed to file a further action taken report on the basis of the show cause notice already issued by them to the 9 th respondent before the next hearing date.
8. They are directed to file their respective reports and statements as directed to this Tribunal on or before 22.03.2021 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.
9. For appearance of 9th respondent and completion of pleadings and further action taken report, post on 22.03.2021.
Sd/-
............................................J.M. (Justice K. Ramakrishnan) Sd/-
.....................................E.M. (Shri. Saibal Dasgupta) O.A. No.18/2021 24th February, 2021. Mn.
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