National Green Tribunal
National Green Tribunal Southern Zone vs The Chief Secretary To Govt. Of ... on 31 July, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No. 4
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 133 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion
Suo Motu based on the News item in
Dinamalar Newspaper, Chennai edition
Dt. 23.07.2020, "Panic due to
Gas released out for 15ft height from the pipeline of
Natural Gas Company"
... Applicant(s)
Versus
1) The Chief Secretary to Govt. Of Tamil Nadu,
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009.
2) Union of India
Rep. By its Secretary,
Ministry of Environment, Forests & Climate Change
Indira Paryavaran Bhawan,
Jorbagh Road, New Delhi - 110 003.
3) Central Pollution Control Board,
Rep. By its Chairman,
„Parivesh Bhawan‟ East Arjun Nagar,
Shahdara, Delhi - 110 032.
4) The Secretary of Govt. of Tamil Nadu,
Department of Environment,
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009.
5) The Principal Secretary to Govt. of Tamil Nadu,
Industries Department,
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009.
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6) The Chairman,
Tamil Nadu Pollution Control Board,
No.76, Anna Salai, Guindy,
Chennai, Tamil Nadu - 600 032.
7) The District Collector,
Nagapattinam District,
First Floor, Collectorate,
Nagapattinam - 611 001.
8) GAIL (INDIA) Limited,
GAIL Corporate Office,
Rep. by its Chairman and Managing Director,
GAIL Bhawan, 16 Bhikaji Cama Place,
R K Puram, New Delhi - 110 066.
9) GAIL (INDIA) Limited,
GAIL Chennai Zonal Office,
Rep. by its Chief General Manager,
5th Floor, "Kuppu Arcade"
New No.4 (Old No.60),
Venkatanarayana Road, T Nagar, Chennai - 600 017.
...Respondent(s)
Date of hearing: 31.07.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): By Court.
For Respondent(s): M/s. S.R. Rajagopal, Addl. Adv. General
Along with Sri. Prabhu, Addl.
Government Pleader for R1, 4, 5 & 7.
M/s. Kavitha represented
Sri. Giridhar and Sai for R8 & R9.
Sri. C. Kasirajan through
M/s. Meena for R6.
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ORDER
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in Dinamalar Daily Chennai Edition dated 23.07.2020 under the caption "vupthA epWtd FohapypUe;J 15 mb cauj;Jf;F thA ntspNawpajhy; gugug;G" (Panic due to Gas released out for 15ft height from the pipeline of Natural Gas Company).
2. It is alleged in the newspaper report that the incident happened in Sembanarkoil area in Nagappattinam District. The eighth respondent is having a unit in Memathur Village from Sirkazhi to Memathur having a distance of 29 Kms, where they have laid the pipe line for the purpose of transport of gas for distribution. On 22.07.2020 an incident occurred, where there was some leak in the gas pipeline which created a large pressure and caused dust emission and gas leakage resulting in creating panic in the locality.
3. When the matter came up for hearing today through Video Conference for admission, Sri. S.R. Rajagopal, Additional Advocate General along with Sri. Prabhu, Additional Government Pleader represented respondents 1, 4, 5 & 7, Sri. C. Kasirajan through M/s. Meena represented 6th respondent and M/s. Kavitha represented Sri. Giridhar and Sai for respondents 8 & 9. 3
4. Sri. S.R. Rajagopal, Additional Advocate General submitted that when they received the information regarding the incident, a Committee has been formed under the leadership of the District Collector, Nagappattinam and they have inspected the area and if one week time is granted, they may be able to produce the relevant observations of the committee and remedial action taken by them in this regard.
5. M/s. Kavitha, learned counsel appearing for the respondents 8 & 9 submitted that the unit has not started functioning so far. It is only in the pre-commission stage cleaning activities and during pre-commissioning cleaning activities, at the terminal point, there was only dust and sound emerged during cleaning and no gas or oil leak occurred in this area as alleged in the newspaper report.
6. Both the counsel submitted that the activities of the unit have not started. It is only in the pre-commission stage and they wanted time to submit their response before appointing a committee to go into the issue. They wanted an opportunity to submit their technical aspects in this regard and also the enquiry already conducted by the District Collector, Nagappattinam in this matter, so that on the basis of the same the matter can be disposed of, and if at all if any directions required that can be issued by this Tribunal. This Tribunal feels 4 that some time can be given to them to submit their response in respect of this issue.
7. In the mean time, the Registry is directed to issue notice to the respondents 2 & 3 by e-mail today itself along with the copy of the order and the paper report along with the gist of the proceedings of this Tribunal so as to enable them to submit their response before the next hearing date.
8. The State Pollution Control Board is also directed to submit their report in respect of this incident, if they have to conduct any independent enquiry regarding the same.
9. The Registry is also directed to communicate this order to the Chairman, Tamil Nadu State Pollution Control Board and the District Collector, Nagappattinam immediately by e-mail so as to enable them to submit their response in respect of this incident before the next hearing date.
10. For consideration of matter, post on 20.08.2020.
.....................................J.M. (Justice K. Ramakrishnan) ..............................E.M. (Sri. Saibal Dasgupta ) O.A.No.133/2020, 31st July, 2020 Mn.
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