National Green Tribunal
P. Radhakrishnan vs The Ministry Of Environment And Forest on 12 May, 2017
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Application No.37 of 2012 SZ)
Applicant(s) Respondent(s)
S.P Surendranath Karthik Vs. 1. The Chairman, Pallavaram Madipakkam, Chennai. Municipality and others
2. District Environmental Engineer, Tamil Nadu Pollution Control Board, M.M. Nagar.
3. Chairman, Tamil Nadu Pollution Control Board Chennai.
4. Chairman, Central Pollution Control Board, Delhi.
5. The District Collector, Kancheepuram District.
6. Additional Chief Secretary to Government, Department of Municipal Administration and Water Supply, Chennai.
7. Secretary to the Government, Government of Tamil Nadu, Chennai.
8. Engineer in Chief (Water Resource Organisation ) and Chief Engineer (General), Public Works Dept. Chennai.
9. Principal Secretary to the Government, Department of Environment and Forests, Chennai.
10. District Magistrate, Kancheepuram District.
11. Principal Secretary to the Government, Department of Revenue, Chennai
12. The Commissioner, Pallavaram Municipality. Chennai Legal Practitioner for Applicant Legal Practitioner for Respondents Mr. Kaushik Narain Sharma Shri P. Srinivas for R-1 and R-12 Smt.H.Yasmeen Ali for R-2 & R-3 Shri D.S. Ekambaram, for R-4 Shri M.K. Subramanian & P.Velmani For R5, R-9, R-10 and R-11 M/s. Abdul Saleem, Saravanan And Vidyalakshmi for R-6 to R-8 Application No. 42 of 2013 (SZ) Applicant(s) Respondent(s) Shri P Radhakrishnan, OotyVs. 1. The Ministry of Environment and Forests, Govt of India, New Delhi
2. The Commissioner of Municipal Administration, Chennai
3. The District Collector, Nilgiris
4. The District Forest Officer,Nilgiris
5. The Commissioner Udhagamandalam Municipality Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s. M.Santhanaraman and Mrs.M.Sumathi for R-1 M.R. Sivakumar M/s. M.K. Subramanian, E.Manoharan & P.Velmani for R-2, R-3 & R-4 Mr.Abdul Saleem & S.Saravanan for R5 Application No. 133 of 2016 (SZ) Applicant(s) Respondent(s) Olympia Tech Park (Chennai) 1.State of Tamil Nadu, Pvt.Ltd., Chennai, rep. by its Rep. by its Secretary, Municipal Director Chandrakant Kankaria Vs. Admn & Water Supply Dept. Fort St. George, Chennai
2. The Chief Secretary to Govt Dept. Of Environment & Forests Chennai
3. Member Secretary, Tamil Nadu Pollution Control Board,Chennai
4. District Collector, Kancheepuram
5. The Director, Tamil Nadu Town & Country Planning Board, Chennai
6. The Director, Dept of Environment Chennai
7. Assist. Commissioner, The Greater Chennai Corpn., Chennai
8. Superintending Engineer, Solid Waste Management Dept,Chennai
9. The Director of Town Panchayats Chennai
10. Thiruneermalai Town Panchayat Rep. by Executive Officer
11. The District Environmental Engineer Tamil Nadu Pollution Control Board Chennai
12. Superintending Archeologist, Chennai
13. The Chief Engineer, PWD, Chennai
14. B. Madhu Sudhana Reddy Legal Practitioners for Applicant(s) Legal practitioners for respondent(s) M/s.C.T. Murugappan S.P. Vijayaraghavan M/s.Abdul Saleem & S.Saravanan G. Thanigaivel for R1, R5, R9, R10 & R13 Mr. M.K. Subramanian, E.Manoharan And Velmani for R2, R4, R6, R6, R9 and R13 Smt. Yasmeen Ali for R3 & R11 Mr.R.Surya Prakash for R7 & R8 M.A.No.51 of 2017 Application No.86 of 2017 (SZ) Applicant (s) Respondents P.Subramani Vs. Government of Tamil Nadu No.4/46, Kalaignar Karunanithi Nagar Rep. by its Secretary, Gudalur 643 211 Department of Environment & Forest, The Nilgiris Fort St. George, Chennai Legal Practioners for Applicant (s) Legal Practitioners for Respondents M/s.Paul Noble Deva Kumar Mr.M.K.Subramanian, Manoharan K.Sathya, A.Vijayakumar & & P.Velmani for R1, R2, R4 & R5 S.Somasundaram Mr.P.Srinivas for R7 Application No.190 of 2015 Applicant(s) Respondent(s) C.N. Prem Sagar 1. Gudalur Municipality Gudalur, The Nilgiris. Rep. by its Commissioner, Gudalur
2. Collector of Nilgiris, At Udhagamandalam.
3. District Forest Officer, Gudalur
4. Nillialam Municipality, Rep. by its Commissioner,
5. MoEF & CC, New Delhi Legal Practitioners for Applicant(s) Legal Practitioners for Respondents Mr.A.V. Ilango Mr. M.K. Subramaniam Mr.Ashok Kumar P. Velmani for R2 & R3 M/s.P.Srinivas & N.K.Ponraj for R1 Mr.Gokul Krishnan for R5 Application No.209 of 2015 Applicant(s) Respondent(s) Mr.Madayya, Gudalur Taluk Vs. Gudalur Municipality rep. by the The Nilgiris District Commissioner, Gudalur, The Nilgiris District and others Legal Practitioners for Applicant(s) Legal Practitioners for Respondents M/s.A.U.Ilango and Ashok Kumar Mr.P.Srinivas, N.K.Ponraj & R.Purushothaman for R1 Mr.M.K.Subramanian & P.Velmani for R3, R4 & R8 Mrs.Rita Chandrasekar for R5 & R6 M/s.Abdul Saleem, S.Saravanan & Vidyalakshmi Vipin for R7 Note of the Orders of the Tribunal Registry Item No.4, 5, Date: 12th May, 2017 13 to 16 Application Nos.86 of 2017, 190 of 2015 and 209 of 2015:
We have heard learned counsel appearing for the applicant as well as respondents.
In our order dated 25.04.2017, we have granted interim injunction against the 7th respondent Gudalur Municipality from dumping waste/ garbage and burning the same in 3.10 acres of land in Survey No.195/2A, having R.S.No.1281 at the 27th Mile of Upper Gudalur, Gudalur Village pending disposal of this application.
After hearing the learned counsel certain startling points are revealed viz., originally the garbage within the jurisdiction of the Gudalur Municipality were dumped in the forest lands situated in Survey No.750, 813/1 and 813/2 of Gudalur Village which is the subject matter of dispute in Application No.190 of 2015 and later at Nelliyalam/Chellavoyil which is an extent of 1 acre. There appears to have been some agitation by the people and therefore the municipality has stopped dumping waste in Nelliyalam and thereafter the Municipality appears to have dumped in another area viz., Kuruthukolly, Chellukkadi of Padamthorai Village which is situated within the limits of Devershola Panchayat, Gudalur Taluk, Nilgiris District which is again the subject matter of dispute in Application No.209 of 2015.
This Tribunal vide our order dated 16.12.2015 taking note of the fact the said land also forms part of the Forest, has directed the Municipality not to dump any waste at Kuruthuklly, Chelukkadi of Padanthurai Village. Thereafter, it appears that the Municipality has switched over to the present site in Survey No.195/2A, Upper Gudalur, Gudalur Village, as a temporary measure. By virtue of the interim order dated 25.04.2017, the Municipality is not able to dump in the Upper Gudalur also.
The Commissioner of Gudalur Municipality, who is present in the Tribunal, submits that in respect of the place at Padanthurai, 'online' application was made to the MoEF & CC for granting permission under the Forest (Conservation) Act, 1980 to use the area for non forest activity viz., dumping of waste.
Mr.Syed Nurullah Sheriff, learned counsel appearing for the MoEF & CC, on instructions, submits that no such application has been received at the Regional Office at MoEF & CC, Chennai as on date. It is clear that the 'online application' stated to have been made for the site at Padanthurai which is a permanent solution for establishing Solid Waste Management facility for Gudalur Municipality is in a preliminary stage. It is the duty of the Commissioner, Gudalur Municipality to immediately refer to the District Forest Officer, Gudalur to find out the position in respect of the said application and take appropriate action for the purpose of processing the application through the DFO and the authority concerned under the Forest (Conservation) Act viz., Nodal Officer in the office of Principal Chief Conservator of Forests, Tamil Nadu, Chennai.
The Commissioner, Gudalur Municipality submits that within the municipal limit on an average 19 MT of solid waste is generated every day and according to her as on date by virtue of the interim order passed in these cases, the Municipality is unable to dispose of the waste in the manner known to law. However, she states that out of 19 MT., 5 MT. of recyclable waste is sent to Coimbatore which is 150 km away from Gudalur as the said material is non biodegradable. According to her, 5 MT. of bio degradable waste is sent to Ooty for composting and Ooty is 50 km away from Gudalur. Therefore, disposal of remaining 9 MT is a big problem for the Municipality.
There are newspaper reports that are published almost every day that the waste is thrown on the roads and in the surroundings. Most of the area being Forest Wild animals including Elephants are attracted by the thrown out food materials wrapped in the plastic carry bags and the animals consume the same resulting in fatality which is a routine affair in Gudalur and Nilgiris.
We have to take note of the fact that in Application No.86 of 2017, the applicant himself states that he is a Watchman cum Supervisor in Silver Cloud Estate and it is a portion of the site in the Estate which has been chosen for disposal of waste as a temporary measure. Eventhough the learned counsel appearing for the applicant in Application No.86 of 2017 would vehemently contend that the said area is being in the lower stage by virtue of the dumping of waste in the upper portion, there is a possibility of sliding of the waste including leachates to the lower reaches particularly during rainy season, we are unable to accept the contention of the counsel that the applicant is affected by the interim measure taken by the Municipality. It is relevant to note that at every stage when a Municipality takes action for the purpose of choosing a place for solid waste disposal, it has become a practice for the people to oppose the same. There must be a solution for this big problem particularly in hilly areas such as Gudalur, Nilgiris.
Considering the larger interest of the public and protection of environment and wild animals we are of the view that the interim order granted in Application No.86 of 2017 dated 25.04.2017 is to be modified.
Accordingly, the said order stands modified to the following effect.
1. The Municipality shall not use the entire 3.10 acres of land in R.S.No.1281, at the 27th Mile of Upper Gudalur, Gudalur Village but shall restrict use of the area only to an extent of 1 acre and the entire land is to be cordoned of and fenced properly so as to avoid interference by the animals.
2. The said arrangement is only a temporary measure and as soon as a permanent place is allotted in the manner known to law, the municipality shall remove all wastages, which are put at the site as a temporary measure and restore the site at their cost.
3. Regarding the alternative place at Padanthurai, we direct the Commissioner of Gudalur Municipality to expedite the process by contacting the Forest officials and inform the same by filing appropriate Status Report on the next date of hearing.
We direct the District Environmental Engineer, Tamil Nadu Pollution Control Board, Nilgiris to visit the place concerned and identify one acre of land and pass appropriate orders.
Application No.209 of 2015As the applicant in Application No.209 of 2015 Mr.Madayya, Son of Putta Maistry has stated in his affidavit dated 05.01.2016, there appears to be some alternate land available in Gudalur itself to an extent of 12.65 acres in Survey No.744/1 and 745/172 and another 6.50 acres in Survey No.108 at Anachathakolly. The Commissioner of Municipality along with District Collector may also find out the feasibility of the said area which can be utilised in the event of passing adverse orders by the Forest Department regarding Padanthurai as an alternate place.
Application NO.133 of 2016 The Executive Officer of Thiruneermalai Panchayat has filed reply after serving copies to the learned counsel appearing for the other side.
The Executive Officer of Thiruneermalai Town Panchayat who is present in the Tribunal and submits that as a temporary measure, the solid waste is being dumped adjacent to the Thiruneermalai Main Road in the extent of 0.20 cents as a temporary measure and it is not connected with the Survey No.147/1G or 147/1G2 which is the subject matter of dispute in this Application. It is admitted that the Town Panchayat has not obtained any authorisation or permission from the Pollution Control Board.
Therefore, we direct the Executive Officer to immediately make 'online' application to the Pollution Control Board in respect of temporary arrangement and on receipt of such application, the Board shall depute one of the officials for inspection and pass appropriate orders. The process shall be completed within 10 days from today. The Status Report shall be filed on the next date of hearing.
Application No.37 of 2012In Application No.37 of 2012, the Government Pleader shall file proper affidavit stating about the time limit required for the purpose of completion of restoration and the area in which restoration is to be effected and the exact amount allotted by the Government by producing the documents by the next date of hearing.
The Executive Officer, Thiruneermalai Town Panchayat shall also file the Status Report as per the direction dated 21.04.2017.
The Commissioner, Municipal Administration, concerned Commissioners/ Executive Officers of Municipalities, Panchayath, Officers including the Commissioner, Ooty Municipality and of TNPCB shall be present on the next date of hearing.
Post this application on 26.05.2017.
.............................................., JM (Justice Dr. P. Jyothimani) ..............................................,EM (Shri P.S. Rao)