National Green Tribunal
S. Paul Raj S/O Mr.Silvester vs The Commissioner on 9 February, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.4 to 7:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 11 of 2021 (SZ)
With
Original Application No. 12 of 2021 (SZ)
With
Original Application No. 50 of 2016 (SZ)
With
Appeal No.57 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Mass Empowerment and
Guidance Association ... Applicant(s)
Versus
The Kayalpattinam Municipality and Ors.
...Respondent(s)
With
Mass Empowerment and
Guidance Association ... Applicant(s)
Versus
The Kayalpattinam Municipality and Ors.
...Respondent(s)
With
S. Paul Raj ... Applicant(s)
Versus
The Commissioner,
Kayalpattinam Municipality,
Tuticorin District & Anr. ...Respondent(s)
With
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The Commissioner,
Kayalpattinam Municipality,
Thoothukudi District. ... Appellant (s)
Versus
The Chairman,
TNPCB, Chennai & Anr. ...Respondent(s)
Date of hearing: 09.02.2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
O.A. No. 11 of 2021 (SZ)
For Applicant(s): None.
For Respondent(s): Mr. Abdul Saleem and Mr. S. Saravanan for R1.
Mrs. Vivekha Pon represented
Mr. S. Sai Sathya Jith for R2.
O.A. No. 12 of 2021(SZ)
For Applicant(s): None.
For Respondent(s): Mr. Abdul Saleem and Mr. S. Saravanan for R1.
Dr. D. Shanmuganathan for R2 & R4.
Mrs. Vivekha Pon represented
Mr. S. Sai Sathya Jith for R3.
O.A. No. 50 of 2016(SZ)
For Applicant(s): None.
For Respondent(s): Mr. Abdul Saleem and Mr. S. Saravanan for R1.
Mrs. Vivekha Pon represented
Mr. S. Sai Sathya Jith for R2.
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Appeal No.57 of 2021(SZ)
For Appellant (s): Mr. Abdul Saleem and Mr. S. Saravanan for R1.
For Respondent(s): Mrs. Vivekha Pon represented
Mr. S. Sai Sathya Jith for R1, R2.
ORDER
1. As per order dated 18.11.2021, this Tribunal had considered the interim report submitted by the Joint Committee signed by two members on 11.10.2021 and extracted in Para (2) of the order and then, passed the following order:-
"3. According to the report, micro compost yard which has been established in the dispute area which is the subject matter in O.A. No.12 of 2021 (SZ) is located in the CRZ zone and to ascertain the exact location of the micro compost yard, they want to super impose the CZM Plan Map indicating the HTL and LTL.
4. It is also mentioned in the report that application for CRZ Clearance has been filed and the same has been returned for getting further details and thereafter, it has been resubmitted. But, they have not mentioned as to whether it is a permissible activity within that area or not as well.
5. Further, it is also mentioned in the report that as regards disposal of the legacy waste in the earlier dumping ground by bio-mining, they have estimated the cost at Rs.160 Lakhs and the same has been forwarded to the Director of Municipal Administration, Chennai vide RC No.1469/2018A2 dated 24.08.2021 and they are awaiting approval from the authorities for this purpose.
6. The learned counsel appearing for the Tamil Nadu Pollution Control Board submitted that the ground water samples have been taken for analysis and it has been sent in July 2021. The learned counsel also submitted that they are taking necessary steps to curb pollution on account of the deposit of legacy waste in that area since long time. They want some time to submit the report as directed by this Tribunal.
7. Further, the learned counsel appearing for the Tamil Nadu Pollution Control Board wanted some time to submit their counter in the Appeal No.57 of 2021 and they also wanted to file their counter in O.A. No.11 of 2021 and 12 of 2021 as well. Other respondents are also directed Page 3 of 6 to file their statement and complete the pleadings before the next hearing date.
8. The committee is also directed to file the final report before the next hearing date. They can also verify the super imposed plan already submitted by the applicant along with the application in O.A. No.12 of 2021 to ascertain the location of the micro compost yard in dispute while submitting the report, on verification which can be used for filing the final report.
9. In similar matters where the disposal of legacy waste has not been properly carried out by the local bodies on account of want of approval and sanction of amount from the higher officials in O.A. No.210 of 2017 (SZ), this Tribunal had directed the Chief Secretary, State of Tamil Nadu to consider all these proposals and file a detailed report regarding the steps taken from their side in this regard and the similar cases of this nature are posted to 17.12.2021. So, we feel that these cases also can be posted to that date.
10. The Chief Secretary, State of Tamil Nadu is directed to consider this aspect also and file a detailed report in this case as well.
11. They are directed to submit their respective reports and complete the pleadings on or before 17.12.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per Rules.
12. The Registry is directed to communicate this order (along with the order passed by this Tribunal in O.A. No.210/2017 for reference) to the Chief Secretary, State of Tamil Nadu, members of the committee and also to the official respondents in all these cases by e-mail immediately for their information and compliance of the direction."
2. The case was originally posted to 17.12.2021 for completion of pleadings and consideration of report. Thereafter, the matter has been adjourned from time to time by successive notifications and lastly, it was adjourned to today by notification dated 18.01.2022.
3. The learned counsel appearing for the State Pollution Control Board submitted that they want some more time for finalizing and submitting the Joint Committee as well as independent report as directed by this Tribunal.
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4. The parties who have not filed their reply statement in all these matters are directed to file the same within a period of 3 (Three) Weeks from today and if they did not file the statement within that time, they are directed to pay a cost of Rs.10,000/- (Rupees Ten Thousand only) each to the Tami Nadu State Legal Services Authority and produce the receipt of the same along with the counter and this amount has to be paid out of their own fund and not from the State exchequer.
5. The Joint Committee as well as the State Pollution Control Board are directed to file their respective reports and the parties are directed to complete their pleadings on or before 08.03.2022 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 and get ready with the matter for hearing on the next hearing.
6. If the Joint Committee did not file the report before 08.03.2022, then the committee members are directed to appear before this Tribunal to show cause as to why action should not be taken against them for non- compliance of the directions issued by this Tribunal as contemplated under Section 26 and 28 of the National Green Tribunal Act, 2010.
7. The Registry is directed to communicate this order to the members of the Joint Committee, official respondents in all these cases, State Pollution Control Board including the Chief Secretary - State of Tamil Nadu by e-mail for their information and compliance of directions. Page 5 of 6
8. For completion of pleadings, consideration of report and action taken report to be filed by the State Pollution Control Board and also for hearing, post on 08.03.2022.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.11/2021 (SZ), O.A. No.12/2021 (SZ), O.A. No.50/2016 (SZ) & Appeal No.57/2021 (SZ) 09th February, 2022. Mn.
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