National Green Tribunal
National Green Tribunal Southern Zone vs The Chief Secretary To Govt. Of ... on 5 August, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.2:- Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 133 of 2020 (SZ)
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 15 feet height from the pipeline of
Natural Gas Company"
With
The Chief Secretary to Govt. of Tamil Nadu
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu and Ors.
...Respondent(s)
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1, R4, R5 & R7.
Mrs. M. Sumathi for R2.
Mrs. P. Jayalakshmi for R3.
Mr. S. Sai Sathya Jith for R6.
M/s. Giridhar & Sai for R8 & R9.
Judgment Pronounced on: 05th August 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment.
Pending interlocutory application, if any, shall stand disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A.No.133/2020 (SZ) 05th August 2022. Mn.
Page 1 of 21 Item No.2:- Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 133 of 2020 (SZ)
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 15 feet height from the pipeline of Natural Gas Company"
With
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.
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.Page 2 of 21
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)
For Applicant(s): Suo Motu by Court.
For Respondent(s): Dr. D. Shanmuganathan for R1, R4, R5 & R7.
Mrs. M. Sumathi for R2.
Mrs. P. Jayalakshmi for R3.
Mr. S. Sai Sathya Jith for R6.
M/s. Giridhar & Sai for R8 & R9.
Judgment Reserved on: 18th July 2022.
Judgment Pronounced on: 05th August 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet - Yes.
Whether the Judgment is to be published in the All India NGT Reporter - Yes.
JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member
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 15 feet height from the pipeline of Natural Gas Company).
Page 3 of 212. It was alleged in the newspaper report that the incident happened in Sembanarkoil area in Nagapattinam District. The 8th Respondent is having a unit in Memathur Village and they have laid the pipeline for the purpose of transport of gas for distribution for a distance of 29 Kms from Sirkazhi to Memathur. 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 admission on 31.07.2020, the learned counsel appearing for GAIL/Respondent Nos. 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-commission cleaning activities, there was only dust and sound emerged at the terminal point and no gas or oil leak occurred in the area as alleged in the newspaper report. Mr. S.R. Rajagopal, Additional Advocate General along with Mr. Prabhu, Additional Government Pleader appearing for the State Departments submitted that there was a Committee formed under the leadership of the District Collector - Nagapattinam and they had inspected the area and if some time is granted, they may be able to file the report.
4. This Tribunal admitted the matter and directed the official respondents, including the State Pollution Control Board to file the report regarding the incident and if there is any violation, what is the nature of action taken.
5. The 9th Respondent has filed an incident report dated 15.08.2020 and received on 17.08.2020 which reads as follows:-
"Incident Report .........
3. The above application has been taken on file suo-moto by this Hone Tribunal pursuant to a news item published in Dinamani Newspaper, Chennai Edition dated 23.07.2020, which reported that a panic was created due to release of gas to a height of 15ft. from the pipeline of M/s. GAIL (India) Ltd near Sembanarkoil, Nagappattinam districts that the control center of M/s. GAIL (India) Ltd has been functioning at Memathur village which is located near Sembanarkoil; that despite the opposition of farmers, GAIL is laying new pipelines through the agriculture fields for a stretch of 29 km from Madhanam to Memathur in Sirkazhi Taluk; that on Wednesday when the employees were at work in GAIL's Control Center at Memathur, suddenly there was a burst of gas for 15ft height from nearby pipe line which created panic in the area.
4. Respondent No 8 & 9 studiously deny the content of the news item published against GAIL (India) Limited and it has been published without ascertaining the correct facts.
5. Since 1992, GAIL (India) Limited has laid and is operating natural gas pipelines in Cauvery Basin for supply of Natural Gas to various customers including Page 4 of 21 TANGEDCO and TNCSC, CAIL (India) Limited supplies the natural gas which is being produced & supplied by M/s. ONGC to GATL (India) Ltd.
6. To cater to the Natural Gas requirements of TANGEDCO plants and other power customers in Kuthalem and Thirumakottai, it is essential to bring the Natural Gas available at M/s ONGC's Madanams field through underground steel pipeline and connect the same to Respondent's existing Pipeline Network as Memathur receiving Station in Tarangambadi Taluk
7. For the above-mentioned purpose, the Respondents have acquired Right of Use (RoU, of land as per The Petroleum and Minerals Pipelines (Acquisition Right of User in Land Act, 1962) for the new Madanam Memmathur Pipeline (MMPL) connectivity. The sequence of construction activities involves acquiring Roll of land, grading of RoU, stringing of pipes, welding, trenching and lowering. tying of pipe sections, backfilling and restoration.
8. Respondents No 8 & 9 states that as per standard operating procedure, after completion of laying of pipeline, sectionalized cleaning is performed to clear construction debris from inside of the pipe by using temporary pigging launcher and receiver by using air as medium to move the pig. Different types of pigs are used for this purpose. Pipeline pigging is used during all phases of the life of a pipeline to clean and clear the same. The process results in a squealing noise while travelling through the pipe, sounding to some like a pig squealing, which gave pigs their name. "PIO' is claimed as an acronym from the initial letters of the term 'Pipeline Inspection Gauge. Now, for Madanam Memmathur Pipeline connectivity construction activities have been started during February 2019 and laying of main line in 02 Sections have been completed.
9. Cleaning of pipeline in Section I - Chainage 0.0K to 14.6 Km (i.e. GAIL Madanam Terminal to 14.6 Km Nangur Village) has already been completed and cleaning of Section II - Chainage 14.6 Km to Chainage 29.5 Km i.e.14.6 Km Nangur Village to GAIL Memathur Terminal ) commenced on 13.07.2020. Cleaning by Air at 1.0 Kg / CM² pressure by using Foam Pig was carried out twice. For further cleaning at 2.0 Kg / CM² Air pressure, Brush Pig was launched on 21.07.2020 and the activity was stopped. in the evening to avoid air venting al night. The said cleaning activity was re-started on 22.07.2020 at 07:10 AM and the Brush Pig reached at receiving header at 10.25 AM with enormous amount of dust. Subsequently, venting of air was carried out under supervision inside the Respondent Terminal. Due to presence of mud, heavy dust particles, the vent line was completely choked and due to backpressure and air volume in the pipeline, the vent line got unfastened from the header resulting in sudden release of air from 2,0 Kg / CM² to atmospheric pressure, which caused sound and also led to the formation of a dust cloud.
10. The pipeline pigging activities are being performed across the pipeline under construction as per procedure duly approved and recommended by the Project Consultant M/s MECON (A Public Sector Undertaking under the Govt. of India). It is further clarified that this pipeline was in empty state and only after proper final inspection and safety audit, clearance will be given to connect for the supply of Natural Gas from M/s ONGC field.
11. The Respondent respectfully submits that for the purpose of cleaning, only air is used and during the said incident no Hydrocarbon (Natural Gas) was present in the pipeline and hence there were no risks involved. The rise of dust and subsequent sound might have caused mis-understanding among the nearby residents even though there was no cause for the same."
6. The District Collector - Nagapattinam District filed the report in the form of an affidavit dated 19.08.2020 and received on 20.08.2020 which reads as follows:-
"It is submitted that this Hon'ble Tribunal has taken this case suo motu based on the newspaper report published in Dinamalar daily, Chennai edition dated 23.07.2020 that in the village of Memathur in Tharangambadi Taluk of Nagapattinam District, due to gas release to a height of 15 feet from a Natural Gas pipeline, panic was created in the said village. An interim order has been passed on 31.07.2020, the operative portion of the order is as follows:.
"The Registry is also directed to communicate this order to the Chairman, Tamil Nadu State Pollution Control Board and the District Collector, Nagapattinam immediately by e-mail so as to enable them to submit their response in respect of this incident before the next hearing date "
As per the directions of this Hon'ble Tribunal, a three member Committee conducted detailed inquiry about the incident through site inspection and local enquiry. I submit the following facts of the case and findings of the aforesaid committee for due consideration by the Hon'ble Tribunal.
Page 5 of 211) This respondent submits that it was reported in sections of the media that there was a loud explosion along with emission of particles reported from Memathur village. The incident is reported to have occurred on 22.07.20 around 10.30 am near GAIL. premises, immediately on receiving news about the incident, the Tahsildar, Tharangambadi was instructed over phone to make a spot inspection and conduct preliminary inquiry on 22.07.20. The Tahsildar after visiting the site and conducting an inquiry with locals filed a preliminary report on 23.07.2020. The Tahsildar has reported that the spot inspection was carried out and it was found that GAIL authorities were carrying out pipeline cleaning operation by using compressed air for 15.1 Km pipeline section from Nangur Village to Memathur GAIL new terminal. During the cleaning process using brush like material called brush pig which brought of mud, water and dust which were inside the pipeline at the receiving end and the air was vented out to remove the water, mud and heavy dust particles. Due to mud and heavy dust particles the vent line got choked. The air pressure got released with loud noise and formed dust cloud. The local residents also confirmed that mud, water and dust came out which lasted for approximately 10 minutes. On spot inspection, it was also found that GAIL authorities have not made any natural gas connection in this pipeline and the line is not carrying natural gas or any other hydrocarbon.
2) This respondent submits that subsequently, a Committee was constituted on 24.07.2020 vide RC No.11989 / 2020 / E3 comprising of the Revenue Divisional Officer, Mayiladuthurai, the Assistant Director, Agriculture and the Assistant Executive Engineer, WRD, Cauvery Basin Division Office, Mayiladuthurai, with a mandate to undertake detailed inspection of the area and conduct further inquiry with the local people and the concerned Government Undertaking and to submit a detailed report.
3) This respondent submits that the constituted committee under the leadership of Revenue Divisional officer Mayiladuthurai, made a thorough investigation and forwarded the necessary report on 17.08.2020 under RC No 3558 / 2020 / B1. In their report, the Committee has stated that the pipeline is being constructed by Gas Authority of India Limited (GAIL) and meant for transportation of Natural Gas from M/s ONGC's Madanam Field through underground steel pipelines and to connect the same to GAIL's existing pipeline network at Memathur receiving station in Tarangambadi Taluk, for effecting such connectivity roughly 5 feet below the ground level, GAIL has acquired Right of User as per the Petroleum and Minerals Pipelines Act 1962 and commenced the construction activities in February 2019.
It is also seen that GAIL has obtained necessary sanctions and permissions in 2017 from Petroleum Natural Gas Regulatory Board (PNGRB) to lay the Gas Pipeline in question.
4) This respondent submits that the Deputy General Manager (Construction), GAIL has stated to the Committee that the process of cleaning the pipeline is one of the steps before15 / commissioning of the project. Before the occurrence of the said incident, GAIL had already completed the cleaning process on the 1 st section i.e., 14.6 kms length from GAIL Madanam Terminal to Nangur Village and the process of cleaning of 15.1 km length of 2nd Section i.e.. Nangur to Memathur which was commenced on 13.07.2020 and two runs of Foam pig cleaning were completed before carrying out the Brush Pig cleaning on 21.07.2020.
5) This respondent states that the DGM, GAIL has further stated to the Committee that during the process of laying the pipeline, external factors like rain, heavy wind etc., cause a buildup of slush inside the pipes which was first cleaned by using air pressure at 1.0 Kg / Cm2 by using a Foam Pig. For further cleaning, air pressure at 2.0 Kg / Cm2 using Brush Pig was commenced on 21.07.2020 and activity was stopped in the evening to avoid air venting at night . When the activity was restarted on 22.07.2020 at about 7:10 AM the brush pig reached the receiving point at 10: 25 am with heavy dust and as a result, the venting of the air was carried out under the supervision of GAIL. Authorities. It is ascertained that Senior Manager (Construction) from GAIL was present at the site during the venting process. While cleaning the pipeline, the choked mud and heavy dust particles got unfastened from the vent line resulting in sudden release of air at 2.0 Kg / Cm2 which caused a loud sound and formed dust cloud which is common phenomena. Inquiry has revealed that the normal mode of cleaning is by air pressure and no hydrocarbon (natural gas) is used. The said incident has taken place in the land comprising the RS. No. 211 / 1B in the village of Memathur for which the Gail Authorities have the leasehold. The Committee has reported that the pipeline was in empty state during inspection.
6) This respondent states that DGM GAIL has stated that all precautions were taken and only authorized persons were allowed to supervise and execute the activity with proper PPE's after cordoning off the area for public entry. The entire pipeline construction activities were executed / monitored by PMC i, c. , M/s.MECON Ltd (Government of India Undertaking) and that after completion of the cleaning and testing work, safety 1968/19 161 audit clearance will be undertaken by GAIL before commencing the supply of natural gas to TANGEDCO and other customers in Kuthalam region.
7) This respondent states that the members of the committee also inquired with the Panchayat President Memathur Mr. Dekshinamoorthy S / o Govindarasu and responsible Page 6 of 21 citizens of the village 1. Mr Chandrasekar S / o Muniayappan, South street, 2. Mr Pancerselvam S / o Uthirapathi, New Street 3. Mr Sukumaran S / o Marimuthu Gurusthanam 4. Mr Madavan S / o Murugesan New Street 5. Mr Ramesh S / o Kaliyamoorthy Main Road and 6. Gunasekar S / o Thambusamy South Street who gave voluntary statements and they are duly recorded. All of them had confirmed that only mud, water and heavy dust particles gushed out with air which lasted about 10 minutes and that no damage was caused to property or life.
8) This respondent states that the members of the committee based on the inspection of site and nearby places found that there was no damage either to human life or to any cattle and practically no damages have been reported for the other cultivable lands and to standing trees besides there was also no pollution of air or water due to this incident in the said village. There were no houses or public buildings as the incident occurred within the isolated area of GAIL.
9) To ascertain whether there was a possibility of natural gas flow through the pipeline, the members of the committee also inspected the starting point of GAIL's pipeline i.e.., at Madanam Terminal and it was noted that no connection has been made for ONGC gas. supply and the pipeline is in empty state. Therefore, the inquiry by the three-member committee reveals that the incident that occurred on 22.07.2020 was a regular testing process of GAIL and that only necessary procedures as permissible under law have been employed to clear the blockade in the pipeline. Necessary safety precautions had also been taken by providing additional venting line to avoid choking and the presence of supervisory personnel from GAIL was also confirmed during local inquiry.
10. This respondent submits that the Committee has concluded that the Natural Gas transmission scheme has not commenced so far and during the said incident the pipeline was not connected with the Natural Gas discharge point. Hence there is no truth in the information published in Dinamalar newspaper regarding release of any inflammable or dangerous gas.
11) This respondent submits that the District Administration has sensitized concerned department officials to immediately respond to any public complaints regarding the operation of Oil and Natural Gas exploration and transportation. Necessary measures are being taken as and when necessity arises."
7. The matter was taken up on 20.08.2020 and on that day, this Tribunal considered the report submitted by the District Environmental Engineer, Tamil Nadu Pollution Control Board signed on 12.08.2020 and received on 20.08.2020 which was extracted in Para (3) of the order reads as follows:-
" Preamble In the matter of Original Application No. 133 of 2020(SZ) filed by Tribunal on its own motion Suo Motu Based on the news item in Dinamalar Newspaper, Chennai edition Dt.23.07.2020 VsThe Chief Secretary to Govt. of Tamil Nadu, Chennai, Union of India, New Delhi, Central Pollution Control board, Delhi, The secretary of Govt. of Tamil Nadu, Chennai, The Principal Secretary to Govt. of Tamil Nadu, Chennai, The Chairman, Tamil Nadu Pollution Control Board, Chennai, TheDistrict collector, Nagapattinam, GAIL (India) Limited, GAIL Corporate office, New Delhi and GAIL (INDIA) Limited, Gail Chennai Zone Office, Chennai, the Hon'ble National Green Tribunal(NGT) Southern Zone, vide its order Dated July 31, 2020has directed the State Pollution Control Board to submit their report in respect of this incident, if they have to conduct any independent enquiry regarding the same. Report shall file before the next date of hearing. List on 20th August, 2020.
In compliance to the said order, District Environmental Engineer and Assistant Engineer, Tamil Nadu Pollution Control Board, Nagapattinam inspected the Gas Leakage area at Memathur Village, Sembanarkoil Taluk, Nagapatttinam District on August 6th, 2020.
1.0 Factual aspects observed during Inspection M/s GAIL (India) Limited, Pipeline Madanam- SV Station Memathur Cauvery basin, Tharangambadi Taluk, Nagapattinam District is under establishment of pipeline to carry natural gas from Madanam, Sirkali Taluk to Sectionalizing Valve(S.V) Station Memathur, Tharangambadi Taluk of Nagapattinam District.
Show cause notice was issued to the unit for establishment of pipeline to carry natural gas without obtaining Consent to Establish from the Board under Water and Air Act vide this office Proceedings Dated 11/06/2019.
The unit authority replied that they have applied for Consent for Establishment of the Board on 03.06.2019 and the same was returned for want of CRZ clearance and also Page 7 of 21 reported that due to non-availability of pipeline connectivity, the natural gas, a scarce resource is getting flared vide unit's letter dated 20/06/2019.
In this regard, a letter was addressed to the TNPC Board, Chennai for issue of directions under Section 33 A of the Water (Prevention and Control of Pollution ) Act 1974, as amended and under Section 31A of the Air(Prevention and Control of Pollution ) Act 1981, as amended to stop carrying out pipeline laying activity, till it obtain Consent to Establish from the Board vide this office letter dated 02/07/2019.
Subsequently, District Coastal Zone Management Authority meeting to recommend the issue of CRZ Clearance under Coastal Regulation Zone, Notification 2011 for the pipe laying activity for a length of 0.255 km which crosses river Uppanar was held on 05/07/2019 under the Chairmanship of District collector, Nagapattinam. As per the letter received from the Director/Convenor Tamil Nadu State Coastal Zone Management Authority (TNSCZMA), Department of Environment, Chennai dated 07/08/2019, revised minutes of the District Coastal Regulation Zone Management Authority meeting was sent to TNSCZMAvide this office letter dated 25/09/2019. CRZ clearance not yet issued to this project so far.
Also the unit's application for establishing terminal for transporting of natural gas was placed before Consent Clearance Committee meeting held on 20/09/2019, CCC Item No.261-13. The committee decided to refer the proposal of the installation of pipeline being laid by the unit for the terminal for transporting natural gas through pipeline to High Level Expert Technical Committee constituted by industries (MMA.1)Department, Government vide GO.Ms.No. 152 dated 09/08/2019 for further recommendation and the application was returned to the unit.
Air leakage incident occurred at back side of M/s GAIL (India) Limited, Memathur terminal, Memathur Village, Sembanarkoil Taluk, Nagapattinam District on 22.07.2020 during cleaning of pipeline from the Channel 14.6 km to 29.5 km (Memathur) section II of their project. The authority reported that Cleaning of pipeline in Section I - Chainage 0.0Km to 14.6 Km (i.e. GAIL Madanam Terminal to 14.6 Km Nangur Village) is already completed and cleaning of Section II - Chainage 14.6 Km to Chainage 29.5 Km (i.e. 14.6 Km Nangur Village to GAIL Memathur Terminal) was started on 13/07/2020. The unit has carried out cleaning of pipeline twice by Air at 1.0 Kg/Cm2 pressure by using Foam Pig. For further cleaning, Brush Pig was launched on 21/07/2020 at 2.0 Kg/Cm 2 Air pressure, and the activity was stopped in the evening to avoid air venting at night. The activity was restarted on 22.07.2020 at 07:10 AM and the Brush Pig was reached at receiving header at 10.25 AM with huge dust. Venting of air is carried out under supervision inside GAIL Terminal. Due to presence of mud, heavy dust particles, the vent line was completely choked and due to backpressure and air volume in the pipeline, the vent line got unfastened from the header resulting sudden release of air from 2.0 Kg/Cm2 to atmospheric pressure, which caused sound and formed dust cloud. Pipeline is under establishment it does not carry any natural gas on it.
In view of the above, the followings are submitted to the Hon'ble NGT for its consideration as observed during inspection:
i. M/s GAIL (India) Limited shall obtain necessary clearance from the competent authority. ii. M/s GAIL (India) Limited shall stop carrying out pipeline laying activity, till it obtain Consent to Establish from the Board."
8. The matter was again taken up on 18.09.2020 and on that day, we have received the report submitted by Respondent Nos.8 & 9 and also the Central Pollution Control Board/3rd Respondent.
9. The 3rd Respondent/CPCB in their counter affidavit contended that the Environmental Clearance (EC) for the project for laying pipeline for transportation of crude oil, gas, etc. has to be issued by the MoEF&CC, after conducting the public hearing through State Pollution Control Board. As per the conditions of the Environmental Clearance (EC), the status of compliance of Environmental Clearance (EC) conditions, including the results of monitored data has to be uploaded in the website of the project Page 8 of 21 proponent and also update periodically and submit periodical reports of the status of compliance once in six months to the Regional Office - MoEF&CC, Regional Office - CPCB and also to the State Pollution Control Board and if there is any violation, then the respective State Pollution Control Board has to take appropriate action. Further, after obtaining the Environmental Clearance (EC), Consent to Establish and Consent to Operate for execution of the project has to be obtained from the State Pollution Control Board. The CPCB has no role in monitoring these aspects. So, they prayed for passing appropriate orders, accepting their contentions.
10. The 2nd Respondent filed reply in the form of affidavit contending that invoking the power under Section 3 of the Environment (Protection) Act, 1986 r/w. Rule 5 of the Environment (Protection) Rules, the MoEF&CC had notified the CRZ Notification, 1991 on 19.02.1991 which inter-alia provided classification of Coastal Regulation Zone and norms for regulating the development activities therein. It was later superseded by CRZ Notification, 2011 which was notified on 06.01.2011 for regulation of development activities along the coastal stretches and to ensure the livelihood security to the fishermen communities and other local communities living in the coastal areas to conserve and protect coastal stretches. It was amended from time to time, based on the representations received and a need was felt overtime to undertake a comprehensive revision of the notification on the basis of the number of representations received from various Coastal States and Union Territory, besides other stakeholders. As per Para 4 (ii) d of the CRZ Notification, 2011, laying of pipelines in the CRZ area for transportation of natural gas requires prior CRZ Clearance after following due procedure as laid in the said notification. Laying of pipeline for transportation of natural gas within the CRZ area without prior CRZ Clearance, constitutes a violation of CRZ Regulation and the State Coastal Zone Management Authority is duty bound to take appropriate action in accordance with law. The 2 nd Respondent has not received any recommendation from the concerned State Coastal Zone Management Authority in respect of the proposal for consideration till time. The State Coastal Zone Management Authority is Page 9 of 21 primarily responsible for enforcement and implementation of the provisions of the CRZ Notification and this power has been delegated to them. So, they prayed for accepting their contentions and passing appropriate orders.
11. Respondent Nos.8 & 9/GAIL has filed their objections to the report of the District Environmental Engineer, Tamil Nadu Pollution Control Board in the form of reply/counter contending that the 9th Respondent has filed an incident report dated 15.08.2020 which they wanted to treat as part of this reply. They further contended that the report of the 6th Respondent would reveal that pipeline is under establishment and it did not carry any natural gas in it and they have extracted the relevant portion of the report of the Tamil Nadu Pollution Control Board which we have already extracted and as such, we are not re-extracting the same. They have further mentioned about their constitution and their activities and they claimed that they are Central Government undertaking engaged in transportation of oil and natural gas for the purpose of supply to the required stakeholders. They also explained the number of transportation operations undertaken by them in various States, including the State of Tamil Nadu. They have given the details of gas supply to the TANGEDCO gas-based power plant in a tabular column as follows:-
S. Name of TANGEDCO Power Year of Qty of Natural
No. Plant Generation Commission- Gas Supply
(in MW) ing per day (in
SCMD)
1 Kuttalam Gas Turbine 101 2003 4,50,000
Power Station, Maruthur
Village, Kuttalam
(KGTPS)
2 Lanco Power, IPP of 120 2005 5,00,000
TANGEDCO
3 Thirumakkottai Gas 107.88 2001 4,50,000
Turbine Power Station,
Mannargudi (TKGTPS)
4 Valuthur Gas Turbine 187.2 2003 8,88,000
Power Station, Valathur
Village,
Ramanathapuram
District (VGTPS)
Page 10 of 21
12. They have obtained Consent to Operate from the Tamil Nadu Pollution Control Board in respect of their Mematur Terminal vide Proceedings No.F.0368NPM/RS/DEE/TNPCB/NPM/W/2017 dated 28.06.2017, evidenced by Annexure-1 under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974. The Sewage outlet is on the Industry's own land and Proceedings No. F.0368NPM/RS/DEE/TNPCB/NPM/A/2017 dated 28.06.2017, evidenced by Annexure-2 under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 and the same was valid till 31.03.2022 for the purpose of receiving natural gas from ONGC and then supplying the same to various consumers through pipeline. As per Notification dated 02.08.2016 with respect to the revised categorization of industries issued by the Central Pollution Control Board under the Section 18 (1)(b) of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981, Oil and Gas transportation pipeline are categorized as „Green‟ category industries vide S.No. 60 and Type Code: 3060. To cater the gas supply need to the TANGEDCO Plants in Kuthalam and Thirumakottai, it was essential to bring the natural gas available at Madanam, Sirkali Taluk through underground steel pipeline and connect the same to the existing GAIL pipeline network at existing GAIL receiving station at Memathur, Tarangambadi Taluk. They discussed with the District Environment Engineer, TNPCB, Nagapattinam for the purpose of getting Consent to Establish for the purpose for Madanam Terminal along with Madanam- Memathur Pipeline connectivity. The District Environment Engineer directed GAIL to get confirmation from Deputy Director Town & Country Planning (DDTCP) Tanjavur regarding Coastal Regulation Zone (CRZ). So, a letter dated 24.10.2017 GAIL/CB/KKL/MMPL/DTCP-CRZ/11/2017 was addressed to the Deputy Director, DTCP Tanjavur Region, Tanjavur by GAIL seeking to provide the details of Coastal Regulation Zone survey numbers and along with the letter, they have submitted the Project Report as well. As per the Project Report, the proposed pipeline takes off connectivity of ONGC Madanam Field of Nagapattinam District in State of Tamil Nadu (11°18' 11.70"N & 79°48' 21.53"E) and the end point for the pipeline is at GAIL S.V. Station Memathur Cauvery Basin in Tharangambadi Taluk of Nagapattinam District and the route of proposed Page 11 of 21 pipeline passes through 18 Villages in two taluks i.e. Sirkali and Tharangambadi of Nagapattinam District. The acquisition of ROU (Right of User) under Petroleum and Mineral Pipeline (PMP) Act, 1962 was carried out by the Ministry of Petroleum & Natural Gas (MoPNG) for laying the pipeline in private lands and the same was under process for Gazette Publication and the pipeline would be designed/executed and maintained as per PNGRB, OISD, API 1102 & ASME B31.8 standards/codes and adequate safety measures have been taken to ensure safety and integrity of pipeline system as well as public and general safety. Pursuant to the request letter of GAIL dated 24.10.2017, the Deputy Director of Town and Country Planning, Thanjavur Region, Thanjavur vide ROC No.1787/2017TR-2 dated 01.12.2017 produced as Annexure - 5 with the counter had clarified that the proposed pipe route survey numbers for the routing of gas line are falling out of CRZ as per the Approved Coastal Zone Management Plan Map No.12 and 13, issued by Government of India, Ministry of Environment and Forest (IA Division) vide letter No. J /17011/16/93-1A-III dated 27.09.1996. For the purpose of laying the said pipeline, it is necessary to acquire the Right to User in the land under which the said pipeline is proposed to be laid and in exercise of powers conferred under Section 3(1) of the Petroleum and Minerals Pipelines (Acquisition of Right to User in Land) Act 1962, the Ministry of Petroleum and Natural Gas vide Notification S.O 496 (E) dated 30.01.2018 evidenced by Annexure - 6, declared its intention to acquire the Right to User in the land specified in the Schedule for the purpose of laying pipeline for transportation of natural gas through ONGC Madanam to SV Station Memathur Pipeline in the State of Tamil Nadu. Subsequently vide Notification dated 18.07.2018 issued under Section 6(1) of Petroleum and Minerals Pipelines (Acquisition of Right to User in Land) Act, 1962, the Government of India had declared that the Right to User in the land specified in the Schedule appended to the Notification is acquired for laying the pipeline. Further, as per section 6(4) of the above said Act, the Government of India directs that the Right of User in the land for laying the pipeline shall, instead of vesting in Government of India, vest, on this date of the publication of the declaration, in GAIL (India) Ltd., free from all encumbrances. The Consent to Establish and Consent to Operate are being Page 12 of 21 issued by the Tamil Nadu Pollution Control Board for terminals along with pipeline connectivity since the natural gas is being handled at terminals transported through respective pipelines. Meanwhile, GAIL vide letter dated 15.02.2019 had requested the Deputy Director, DTCP, Thanjavur Region, Thanjavur to confirm whether there is any revision in CRZ and also to confirm whether any survey numbers as per the enclosed list are falling under CRZ. In the said letter, GAIL also clarified that due to technical reasons, the diameter of the pipeline has been changed to 24 inch from 18 inch, that due to change of pipeline size, GAIL could not take up the pipeline activities during the year 2017 and they are going to take up the pipeline constructions thereafter and there is no change in the pipeline route and the pipeline would be laid in the same survey numbers submitted by GAIL. Pending request with the Deputy Director, DTCP, Thanjavur Region, Thanjavur regarding CRZ, GAIL submitted the application dated 06.03.2019, evidenced by Annexure - 9 to the Tamil Nadu Pollution Control Board for obtaining Consent to Establish under the Water (Prevention and Control of Pollution) Act, 1974 and under Air Prevention and Control of Pollution) Act, 1981 for new terminal at Madanam for connecting ONGC Madanam gas to GAIL pipeline network at Memathur and the distribution of gas to different consumers will be done from Memathur terminal. It was clarified that the pipeline is designed / executed and maintained as per relevant standards/codes and adequate safety measures have been taken to ensure safety and integrity of pipeline system as well as public and general safety. They were also produced the necessary documents and made required payments for this purpose. The application was returned through online by Tamil Nadu Pollution Control Board on 03.10.2019 stating that "as the CCC of the Board decided to refer the proposal to High Level Expert Committee constituted by Industries (MMA-1) Department vide GO Ms No 152 dated 09.08.2019." Pursuant to the letter dated 15.02.2019 addressed to the Deputy Director, DTCP, Thanjavur Region, Thanjavur vide their letter dated 12.04.2019 furnished the details of coastal zone for the requested survey number. As per the communication, the entire route of proposed pipeline is out of CRZ area except Survey No 382/1, 382/2, 383/2B, 387/1B, 391/3A, 392/1A, 391/2B which falls in CRZ III area which is Page 13 of 21 approximately 0.255 km. In addition, as per the CRZ Notification 2019, as per point No 5.3 of (1), pipelines are permitted activities in CRZ III and the same did not attract EIA Notification dated 14.09.2006, since the pipeline did not pass through national parks/ Sanctuaries/Coral reefs/ ecologically sensitive areas. At crossing of pipeline in CRZ area of Uppanar River, pipeline will be established using Horizontal Directional Drilling (HDD) method without disturbing hydrology of River/flow Tidal influence of water/ fisheries if any/Boat Movement if any as it will be buried at safe depth lower than maximum scouring depth & maintain as per latest editions of Oil Industry Safety Directorate (OISD) - 226 & ASME B31.8 which will not have any significant property to harm vulnerable groups of people. GAIL submitted an application dated 08.05.2019/Annexure-11 for CRZ Clearance recommendation for laying of Natural Gas transportation pipeline passing through CRZ III area approximate length 0.255Km out of total approximate length of pipeline 29.197 Km from Palayapalayam (Nagapattinam District) to Memathur (Nagapattinam District) in Tamil Nadu State having 24 Inch Diameter with associated facilities, to the District Environmental Engineer, TNPCB, Nagapattinam. The TNPCB requested GAIL to apply separately for pipeline and terminal and GAIL submitted application on 01.06.2019 and uploaded all necessary documents on 03.06.2019, evidenced by Annexure - A12. On 10.06.2019, TNPCB returned the application and requested GAIL to obtain CRZ clearance under CRZ Notification, 2019 and then to apply for Consent to Establish, evidenced by Annexure-13. They explained the necessity and urgency of creating the pipeline infrastructure and requested to issue Consent to Establish considering the ongoing process of obtaining CRZ Clearance and the same was returned again by TNPCB vide their letter dated 26.06.2019, evidenced by Annexure - 14 with 10 queries, including the following:
"a) GAIL has submitted the application as green category. But TNPCB has directed GAIL to change the category to Red/ Miscellaneous and consent fee to be remitted for Red category.
b) Clearance under CRZ notification 2011 is mandatory for issuing CTE. "Page 14 of 21
13. It is further contended that subsequently GAIL's application seeking Consent to Establish has been deleted from TNPCB online site on 30.10.2019, evidenced by Annexure-15. They received show cause notice from Tamil Nadu Pollution Control Board vide Proceeding No. DEE/TNPCB/NPM/F.N.A/RS/W/2019 and Proceeding No. DEE/TNPCB/NPM/F.N.A/RS/A/2019 dated 11.06.2019, evidenced by Annexure-16 under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 and they submitted reply to the Show Cause Notice, evidenced by Annexure-17 by giving the following explanation:
"The Petroleum and Natural Gas Regulatory Board (PNGRB) has authorized GAIL to lay the pipeline connectivity from ONGC Madanam field to GAIL Cauvery Basin Pipeline network at S.V.Station Memathur. The CTO for existing SV Station, Memathur is already obtained by GAIL.
The 3(1) Gazette notification under the Petroleum and Minerals Pipelines (Acquisition of Right of User inland) Act, 1962 (PMP Act 1962) was published in Govt. of India Gazette No. 427 dated 02.02.2018. After following the procedure as per the PMP Act, the 6(1) Gazette notification under the PMP Act 1962 was published in Govt. of India Gazette No. 3587 (E) dated 18.07.2018.
GAIL had discussion with DEE, TNPCB, Nagapattinam during Oct 2017 regarding CTE and we have been informed to get confirmation on CRZ along the pipeline route from DD, T&CP, Thanjavur. Accordingly, GAIL had requested DD, T&CP regarding CRZ confirmation along pipeline route. The Dy Director, T&CP has confirmed vide his letter dated 01.12.2017 that as per MOEF map 1996, the pipeline route survey numbers are falling out of CRZ We met DEE during Feb 2018 regarding submission of application for CTE. We have been told that the new CRZ drawing will be approved shortly and reconfirmation on CRZ is required.
In a reply to GAIL letter dated 15.02.2019, DD, T&CP, Thanjavur, vide his letter dated 12.04.2019 has confirmed that 255m length of pipeline route is falling under CRZ. Copy of DD, T&CP letters are attached for reference please. The application for CRZ was submitted on 19.06.2019 after attending the queries.
In the meantime GAIL has applied for CTE for Madanam terminal along with required fees on 06.03.2019 and it was returned back for want of clarification. After necessary clarification, we have resubmitted the application on 18.06.2019 The application for CTE for pipeline was submitted by GAL on 03.06.2019 and the same was returned for want of CRZ clearance. Copy of screen shot is attached for reference please.
The pipeline is of national importance and due to non-availability of pipeline connectivity, the natural gas, a scarce resource is getting flared.
We request you to kindly give CTE for the subject pipeline so that the natural gas from Madanam field can be supplied to the industries including TANGEDCO Gas based power plants through this pipeline"
14. It is further contended that the application for CRZ Clearance is pending with the authorities. The District Coastal Zone Management Authority held meeting on 05.07.2019 under the Chairmanship of District Collector, Nagapattinam and the recommendations were forwarded to the Director, TNSCZMA, Department of Environment, Chennai vide letter dated 18.07.2019, evidenced by Annexure- 18 by DEE - TNPCB, Nagapattinam and the relevant portion of the minutes of the meeting was extracted as follows:-
Page 15 of 21"Accordingly, the proponent has clarified that, the area in which the pipeline to be laid comes under CRZ-III as per the approved CRZ map by MoEF.
After detailed discussion and deliberation, the District Coastal Zone Management Authority has decided to recommend the project to the State Level Coastal Zone Management Authority subject to the following conditions:
1. There shall not be any blockage of river due to laying of pipeline, and free flow of water shall be maintained.
2. The construction debris and /or any other type of waste shall not be disposed off in to the CRZ areas.
3. GAIL (INDIA) Ltd shall provide necessary emergency safety measures in the CRZ area pipeline route to avoid river and marine ecology damage to the environment.
4. The pipeline shall be monitored regularly by the company and it shall be ensured that there is no leak from the pipeline. In case of any such eventualities, the company shall immediately take the corrective measures.
5. No construction work other than those permitted in Coastal Regulation Zone area.
6. GAIL (India) Ltd shall take up greenbelt development activities in consultation with the Forest Department.
7. GAIL (India) Ltd shall have to contribute financially for taking up the socio economic upliftment activities in this region in consultation with the Forest Department and the District Collector."
15. Subsequently, the Member Secretary of SCZMA - Tamil Nadu, Department of Environment, Chennai vide letter No R.C.No.P1/2024/2019 dated 11.10.2019 asked GAIL to submit further details and Revised HTL demarcation map superimposing GAIL project in 1:4000 scale and further scrutiny fee of Rs.5.0 Lakhs and in turn, GAIL submitted the required details and also scrutiny fees of Rs.5.0 Lakhs along with their letter No GAIL/TNSCZMA/MS/MMPL/CRZ CLE/2019 dated 18.11.2019, evidenced by Annexure-20. They were further informed that the HTL demarcation has to be carried out by authorized institute approved by Government of India and they placed the work order to NCSCM (National Centre for Sustainable Coastal Management) MoEF, GoI, Chennai by making an advance payment of Rs.5,30,334/- on 15.04.2020. Due to Covid - 19 pandemic, they were unable to make field investigation and once the situation improves, they will do the same. They have further mentioned that they are likely to get the CRZ Clearance and after obtaining the same, they will file an applicant for Consent to Establish for laying the pipeline. They have mentioned about the importance of the laying of pipeline and its necessity. So, they prayed for accepting their contentions and passing appropriate orders.
16. The GAIL has produced various documents in support of their case, as narrated in their reply.
Page 16 of 2117. The Tamil Nadu Pollution Control Board has filed a report signed by the officer on 02.03.2022, e-filed on the same date which reads as follows:-
"Report filed on behalf of the 6th Respondent Tamil Nadu Pollution Control Board .........
2. It is respectfully submitted that the Hon'ble National Green Tribunal (Southern Zone) in its order dated 13.09.2021 has directed as follows:
"The Learned Counsel appearing for State as well as Pollution Control Board submitted that if some time is granted they may be able to come with the action taken report, if any, on the basis of the recommendations made by the Joint Committee in this regard."
3. It is respectfully submitted that, the respondent unit of My GAIL (India) Limited, S.F.No.391 / 6 (Part), Palayapalyam Village Sirkali Taluk, Mayiladuthurai District has established and terminal with pipeline commissioned a natural gas dispatch connectivity from this terminal to M / S GAIL Cauvery basin pipeline Network at Sectionalizing Valve (SV) Station, Memathur Village, Tharangambadi Taluk, Mayiladuthurai District without prior Consent of the Board.
4. It is respectfully submitted that the unit was previously inspected on 25.02.2021 and noticed that it was under operation without consent of the TNPC Board and also not obtained Coastal Regulation Zone (CRZ) clearance for laying of pipeline of 0.255 kms in the CRZ area. Hence, the TNPC Board, Chennai has issued direction to the unit M/s GAIL (India) Limited under section 33A of the Water (Prevention and Control of Pollution) Act 1974, as amended and under section 31A of the Air (Prevention and Control of Pollution) Act 1981 as amended that "The unit shall not commission its activities without obtaining consent of the Board" vide proceeding dated 18.03.2021. Failure to comply with the above said direction will lead to issue of further directions for the closure and stoppage of power supply under section 33A of the Water (Prevention and Control of Pollution) Act 1974, as amended and under section 31A of the Air (Prevention and Control of Pollution) Act 1961 as amended.
5. It is respectfully submitted that, meanwhile, the unit had applied for Consent to Operate Directly to the Board and the unit's application was returned for want of CRZ Clearance from the competent authority.
6. It is further submitted that the unit vide its letter dated 08.09.2021 has requested the TNPC Board to issue permission to operate with minimum gas flow of less than 10% to maintain the system equipment's healthiness and their integrity.
In this regard, the unit has not furnished CRZ clearance from the competent authority and the unit can be permitted to operate only after obtaining the consent to operate. Accordingly, the TNPC Board vide letter dated 07.01.2022 has instructed not to operate the unit of M/s GAIL (India) Limited without obtaining consent of the TNPC Board and stick on to the directions already issued by the Board vide proceeding dated 18.03.2021. So far, the respondent unit has not resubmitted the application for consent along with CRZ clearance."
18. The matter has been adjourned for some time based on the request of GAIL to produce the CRZ Clearance and other clearances, but on the last hearing date viz., 18.07.2022, the learned counsel appearing for the GAIL submitted that the application submitted by them for CRZ Clearance was rejected by the MoEF&CC.
19. Heard the learned counsel appearing for the official respondents, including Respondent Nos.8 & 9.
Page 17 of 2120. The learned counsel appearing for the State Pollution Control Board submitted that they have already initiated proceedings against Respondent Nos.8 & 9 for laying the pipeline through CRZ area without obtaining prior CRZ Clearance and they will also take steps to recover environmental compensation for the violations as per the guidelines issued by the Central Pollution Control Board (CPCB).
21. The learned counsel appearing for Respondent Nos.8 & 9 submitted that the application filed by them for CRZ Clearance was rejected by the MoEF&CC and they will be taking appropriate steps to challenge the same before the appropriate forum.
22. We have considered the pleadings, reports and submissions made by the learned counsel appearing for the respondents and also perused the documents available on record.
23. The points that arose for consideration are:
i. Whether there was any violation committed by
Respondent Nos.8 & 9/GAIL in laying the pipeline?
ii. Whether any damage has been caused to the
environment on account of the incident as alleged in the newspaper report?
iii. What is the nature of directions (if any) to be issued by this Tribunal in this regard?
POINTS:-
24. The above case was Suo Motu registered by this Tribunal based on 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 15 feet height from the pipeline of Natural Gas Company).
Page 18 of 2125. It is seen from the report submitted by the Tamil Nadu Pollution Control Board that a portion of the area through which the pipeline is laid falls in CRZ area notified under the CRZ Notification, 2011 & 2019 and without getting the CRZ Clearance, they have started the work.
26. The fact that it falls under CRZ area under CRZ Notification, 2011 & 2019, and GAIL has made an application for CRZ Clearance for laying the pipeline from Madanam in Sirkazhi Taluk to their Memathur Terminal and the application made for Consent to Establish was also returned stating that they will have to obtain CRZ Clearance and after obtaining the CRZ Clearance, they have to apply for the same, which was admitted in the reply affidavit filed by the 9th Respondent.
27. It is seen from the various reports that they have not started commissioning of the pipeline and while cleaning the pipeline, the alleged incident happened and in fact, there was no gas/oil leak occurred as alleged in the newspaper report.
28. In view of the fact that there was violation in laying the pipeline by GAIL and proceedings have already been initiated by the Tamil Nadu Pollution Control Board against them, we feel that instead of keeping the case pending, the application can disposed of with the following directions:-
a. Since the laying of pipeline in certain portion requires the CRZ Clearance, the GAIL is directed not to lay down the pipeline without obtaining necessary CRZ Clearance and other permissions required under the environmental laws.
b. The Tamil Nadu Pollution Control Board is directed to proceed with the proceedings initiated on the basis of the show cause notice issued against GAIL and take appropriate action against them for violation, including assessment of environmental compensation for the violation committed by them after giving opportunity to the GAIL in accordance with law.Page 19 of 21
c. The Tamil Nadu Pollution Control Board is also directed to consider the aspect of pollution (if any) caused on account of the dust emanated at the time of incident mentioned in the newspaper report and admitted by the 9th Respondent and if there is any pollution caused, then that aspect also can be considered while assessing environmental compensation, apart from considering the question of violation of environmental laws of laying the pipeline without obtaining CRZ Clearance in accordance with law.
d. The State Coastal Zone Management Authority - Tamil Nadu is directed to take appropriate action against GAIL for laying the pipeline in violation of CRZ Notification, 2011 and 2019, including imposition of environmental compensation apart from taking other actions required under environmental laws.
29. The points are answered accordingly.
30. In the result, this Original Application is disposed of with the following directions:-
i. Since the laying of pipeline in certain portion requires the CRZ Clearance, the GAIL is directed not to lay down the pipeline without obtaining necessary CRZ Clearance and other permissions required under the environmental laws.
ii. The Tamil Nadu Pollution Control Board is directed to proceed with the proceedings initiated on the basis of the show cause notice issued against GAIL and take appropriate action against them for violation, including assessment of environmental compensation for the violation committed by them after giving opportunity to the GAIL in accordance with law.Page 20 of 21
iii. The Tamil Nadu Pollution Control Board is also directed to consider the aspect of pollution (if any) caused on account of the dust emanated at the time of incident mentioned in the newspaper report and admitted by the 9th Respondent and if there is any pollution caused, then that aspect also can be considered while assessing environmental compensation, apart from considering the question of violation of environmental laws of laying the pipeline without obtaining CRZ Clearance in accordance with law.
iv. The State Coastal Zone Management Authority - Tamil Nadu is directed to take appropriate action against GAIL for laying the pipeline in violation of CRZ Notification, 2011 and 2019, including imposition of environmental compensation apart from taking other actions required under environmental laws.
v. The Registry is directed to communicate this order to the District Collector - Nagapattinam District, Tamil Nadu Pollution Control Board, State Coastal Zone Management Authority - Tamil Nadu and also the MoEF&CC for their information and compliance of directions.
31. With the above observations and directions, this Original Application is disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A.No.133/2020 (SZ) 05th August 2022. Mn.
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