National Green Tribunal
Swaminathan Ramadoss vs District Collector on 2 February, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.02: BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 18 of 2021 (SZ) (Through Video Conference) IN THE MATTER OF: Mr. R. Swaminathan, S/o. Ramadoss 8, Neela Mela Veedhi Nagapattinam Taluk Nagapattinam -- 611 001. ... Applicant (s) Versus 1. The District Collector, Collectorate Nagapattinam. 2. The Revenue Divisional Officer, Officer of Revenue Divisional Officer, Nagapattinam. 3. The Tahsildar, Office of Tahsildar, Nagapattinam. 4. The Municipal Commissioner, Nagapattinam Municipality, Nagapatinam. 5. Deputy Superintendent of Police, Office of District Superintendent of Police, Nagapattinam. 6. The Superintending Engineer, TANGEDCO Sattayappar East Street, Nagapattinam -- 611 001. 7. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Perumal Sannadhi Street, Nagapattinam. 8. District Fire Officer, Divisional Office, Page 1of 7 Nagapattinam Fire Unit, Nagapattinam. 9, Thiru. Balakumar, Administrator/President, No. 7, Neela Mela Veedhi, Nagapattinam Vaniyar Association, Nagapattinam. ...Respondent(s) Date of Judgment: 02.02.2022 For Applicant(s): None. For Respondent(s): Dr. D. Shanmuganathan for R1 to R3, R5 & R8. Mr. N. K. Ponraj represented Mr. P. Srinivas for R4. Mr. Abdul Saleem and Mr. Saravanan for R6. Mrs. Vivekha Pon represented Mr. S. Sai Sathya Jith for R7. CORAM: HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER JUDGMENT
1. The above case has been taken up on 15.12.2021 and extracted the directions issued by this Tribunal while disposing the case by Judgment dated 30.06.2021 in Para (1) of the order. At the request of the counsel appearing for Tamil Nadu Pollution Control Board (TNPCB), the matter has been adjourned to 20.01.2022 for consideration of compliance report. On 20.01.2022, the matter was adjourned to today be notification.
2. We have received a compliance report submitted by the Tamil Nadu Pollution Control Board (TNPCB) signed by the officer on 04.01.2022, e-filed on the dame date which reads as follows:-
Page 2 of 7COMPLIANCE REPORT FILED ON BERALF OF THE RESPONDENT-TAMIL NADU POLLUTION CONTRO BOARD, eG} |, R.Rajamanickam, S/o, P.M. Ramasamy Hindu, aged about 57 # we os years, having office at No.76, Mount Salal, Guindy, Chennai-600 032, do hereby solemnly affirm and sincerely state as follows:-
1, | am the Joint Chief Environmental Engineer, Tamil Nadu Pelutlon Contro, Board, Chennal - 600 032 and fillng this report on if behai of the Respondent, Tam! Nacu Pollution Contra! Board and as such | am well acquainted wih the facts of the case from the records, It Is respecifuly suomitted that the Hon'ble National Green Trounal 'Southern Zone}, Chennai in ts order dated 30.05 90" cirected infer alla as follows:
i i \) Since ihe Nagapattinam Municipallly has already sealed the building fn which ihe Sih respondent fle. Thi. Balakumar President = Nagapalinam Vanniyar Sangain) is operating if as a marriage hall for commercial pummose and alsa issued directions to the 9th respondent that they should not start thelr Runction without gelling necessary permission from the Pollution Control Boar' we feel that iS nothing survives in the matter, except the further proceeanigs io be initiated by ine Pailution Contre! Board on the basis of the proceedings avready inflated by them, Page 3 of 7 fi) The Tamil Nedu Pollution Conirct Beard is directed fo proceed with the procesaings already intialed ey them gy issuing shew cause notice and pass appropriate orders including imposifion of environmental compensation against the gin respondent for violation comumilied, after striclly complying with the procedure of princines of natural fusiice and give opportunity to the Sfh respondent ror fillng ihe objection yor environmental compensation and grovide necessary hearing 2 dey sod then, oass appronfiate orders in accordance with law. (wi) The Tam Nadu Povution Control Zoard is also directed fo file a further action iaken reper, after complying with Ihe directions issued by this Tribunal within a Fy tty (vp df ihe Tamil Nede Pollution Control Board filed such @ report as diractad, fhe omfce is directed fo niace ihe same before this Bench for further consideration.
(vj the Tamil Nedu Poliition Control Board is directed to sivctiv implement the 4 guidelines issued by the Central Pollution Control Board and aiso the direction af ihe Prineipal Bench of National Sreen Tribunal, New Delfi in 0.4, No.400 af 20177 (Westend Green Farms Society Vs. Union of india & Ors.) dated 23.07.2020 in its ister and spint
3. Ris respectfully submiiied that show cause notices were issued by the DEE, TNPCS, Nagapaitinam under the Water (P&CP} vide Proc. daiee 16.02.2021 to M/s Nagapaitinam Vaniyar Sangam for erated the Kalyariamandapam without consent of the Board and nat provided APC measures to the Kitchen area. Meanwhile, the Nagapattinam Municioality has issued Notices on 18.12.2020 under Section 56 and S7 of the Tami Nadu Town and Country Planning Act, Mis Nagapatiinam Vaniyar Sangam to remove the unauthorized constructionin violation to {he Building Rules, 2079 and constructing without obtaining necessary planning permission. After the exoiry of the time granted under the said notice to rectify the Page 4of 7 defects, the building was finally sealed by the Nagapattinam Municipality on 26.03.2021 under the orovisions of the Tami Nadu Town and Country Planning Act, 1971.
4. Kis respecthuly submitied that the Nagapattinam Vanivar Sangam was inspected by the officisis of TNPCS, Nagapattinam on 16.09.2027 and found that the premise was under sealed condition, Ye S. His respectfully submited that based on this Hon'ble Tribunal order dated 20.06.2021 in OANo.18 of 2021, the Nagapatiinam Vaniyar Sangam has furnished a letter dated 12.08.2021, stating that tine Vaniyar Sangam has decided not to let cut the premises for commercial purposes such as marriage, engagement and birthday functions, instead they are planning to utilize the buliding for the Association purposes.
6. itis respectfully sobre tled that for the period of violation fromm 15.92.2021 (date of inspection by the TNPCE officials) to 26.03.2021 CH (date of sealing the premises), the environmental compensation was assessed for the unit as follows:
Environmental Compensation formulas = Pix Nx Rx SxLF Pi ~ Pollution index for Cormercial Establishments ~ 50 (Orange cates ory) N ~ Number of days for which violation took olace is the period between the day of violation observed and the d day of sealing the premises ~ 40 days (From First Inssection on 45.02.9004 by TNPOB uh the caie of sealing the premises on 26.03.2024 by the Nagapattinam Municipality) 8 - Factor in Rupees -- Rs.25(/- (Average) Page 5 of 7 cH Q a oOo YW ome. ro) ws " £ 6 6 @ & Os -
arn al B yO & tc ae oo . ® . 1 6 ) Se BD a 6 : : g & :
mm oO ® © 8» og o 8 & Oo ¢ wD i 3 c 7 o @& & a rn rr) "3 6G 8 oS & & a w % Ch. ef) @ we EY, [a te othe a ad & rd " ey & & Fc is Qo 8 4 GS = = © © & 6 Ss Me @ oi ) ms ~ 8 ao a ai C ie) Cd 5 x . Be ra ", m2 2 Oo ° ¢ 8 § 8 8 6 " a "<X CG s on 46 ag im C2 by ® ptm eZ ED D 2 i is Oo ag mo &e f& 2 & oa ae go % © wo 2 2 & ' fe (an an ne ad mo os s g a 3 - ® 3 Me fed @ xa ve @ 2 és a SS Sa S es c ee 6 28 » P . 8 & & i poees -_ fen = & ea a a + 8 a ae oO 3 oO ua B ~ O & x a Oe Og es we & @ an ~~ Pg og 2B te en om " 8] rf ro ia ay 8 i$ Bw 8 B £ gg 2 € s 8 & = @ & OX E - . @ = 6 § & 2 me Mey 2 a 5) o " 3 Te Cen wa SPR ake * (y Bt, o i 2 oy th a Cc 9) 3 LY <3, = om & Bo a i % % © a a Wg OE om fp «2 wget a L223 8 Be em eG a G- @¢€ © 8 £g Ewe OB ® me j oe feo a A os : cy we £2 SG a ny ca) a bc e © Q & 6 £ gu GB @ ® DE 'A = i 'fs ao of O ® % to th Mo £5 ib © bs wy a) & Oo Oy ke bee gc o. o cy P 5 596 ae eT fre on 28 © © CSU bee © » , ed om om fA a a uw « ¢ @ 2 eo 0} 7G £3 {> . i) "oF i L £ i wee e au wag.
0) = 6 wD Pee. 3 th ag "3 ra C ~ a o # ® & > ~ 80 bow Bos QO = Qo Wi Es i " fees J, oO Mle . Cy > = wm oo OG oe a rn es oo Go ned CE TE = ae " Le Ye M Sangam had informed the officials of the Tamil Nadu Pollution Control Nagapattinam Vaniyar Sangam asking to show cause as to why an Environmental Compensation of Rs. 2,50,000/- (Rupees Two Lakhs and Fifth Thousand Only) shall not be levied for the violation committed by them vide proceedings dated 25.12.2021 and they are awaiting the reply and after Page 6 of 7 marriages or other functions and they are going to use the same only for their Board (TNPCB) has already issued a show cause notice to the M/s.
Board (TNPCB) that they have no intention to let out the same for any getting the reply they may be able to finalise the same.
3. It is seen from the report that the office bearer of M/s. Nagapattinam Vaniyar official purpose.
4. It is also mentioned in the report that the Tamil Nadu Pollution Control
5. Since, the Tamil Nadu Pollution Control Board (TNPCB) has taken some action in compliance of the directions issued by this Tribunal, we feel that there is no necessity to issue any further direction. The report of the Tamil Nadu Pollution Control Board (TNPCB) is accepted and they are directed to complete the proceedings initiated by them against M/s. Nagapattinam Vaniyar Sangam for imposition of Environmental Compensation for the violations and to proceed against them in accordance with law for recovering the amount.
6. With the above observations and directions, the application is finally disposed of.
Sd/--
sedecccecccecceescpecdecececescecces J.M. (Justice K. Ramakrishnan) Sd/--
secheessenecteceseseeseceess E.M. (Dr. Satyagopal:Korlapati) O.A. No.18/2021 02.02.2022 Sr. Page 7 of 7