National Green Tribunal
Meenava Thanthai, K.R.Selvaraj Kumar, ... vs The Chairman, National Coastal ... on 26 April, 2017
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Application Nos.14, 16, 38 & 40 of 2017 (SZ)
Applicant(s) Respondents
Application No.14 of 2017 Meenava Thanthai 1. The Chairman K.R. Selvaraj Kumar National Coastal Zone Management Rep. by its President Authority, MoEF & C, New Delhi M.R. Thiyagarajan 2. The State of Tamil Nadu Royapuram, Chennai rep. by its Secretary to Govt Environment & Forest Dept,Chennai
3. The State of Tamil Nadu Rep. by it Secretary to Govt, PWD,Chennai
4. The Member Secretary, State Coastal Zone Management Authority Chennai
5. The District Collector, Thiruvallur
6. The Chairman Tamil Nadu Pollution Control Board Chennai
7. The ADGP, Coastal Security Group DGP Office Complex, Mylapore, Chennai
8. The Tahsildhar, Ponneri
9. M/s. Kamarajar Port Ltd., rep. by its Chairman, Chennai
10. M.T. Dawn Kancheepuram Arya Voyagers Pvt. Ltd., Rep. by its Managig Director, Mumbai
11. M.T. BW Maple, rep. by its Chairman Chennai
12. The Member Secretary, Central Pollution Control Board, New Delhi
13. The Director General Ministry of Shipping, New Delhi.
14. MoEF, New Delhi (suo motu) Counsel appearing for applicant Counsel appearing for respondent/s Mr. K. Mageshwaran Mr. G.M. Syed Nurullah Sheriff for R1&14 M/s. M.K. Subramanian, E. Manoharan & P. Velmani for R2 to R5, R7 & R8 Mrs.H. Yasmeen Ali for R6 M/s.Krishna Ravindran A.Charles Darwin & S.Praveen Kumar for R9 Mr.S. Vasudevan for R10 Mr. Raghunathan, T.Poornam, Sharanya Vaidyanathan for R11 M/s. D.S Ekambarm & P. Jayalakshmi for R12 Mr.Su. Srinivasan for R13 Application No.16 of 2017 (SZ) Applicant (s) Respondents Saravanan Dakshinamurthy Vs. The Union of India No.11A, Muthallamman Kovil Stre rep.by its Secretary, Ministry of Selaiyur, Chennai 73 Environment and Forests, Climate Change, Jorbagh, New Delhi
2. The Union of India, rep. by its Secretary, Ministry of Shipping New Delhi
3. The Indian Coast Guard, rep by Its Director General, Chennai
4. The State of Tamil Nadu, rep.
By its Director, Dept of Env & Forest, Chennai
5. Kamarajar Port Ltd. Rep. by its Chairman cum M.D, Chennai
6. M.T. Dawn Kanchipuram Arya Voyagers , rep. by its M.D Mumbai
7. M.T. BW Maple, rep. by its Chairman, Chennai
8. The Central Pollution Control Bd Rep. by its authorised officer
9. The Tamil Nadu Pollution Control Board, Delhi Legal Practioners for Applicant (s) Legal Practitioners for Respondents Yogeshwaran A, Mr.Syed Nurullah Sheriff for R1 Neha Miriam Kurian Mr.Su Srinivasan for R2 & R3 Mr.M.K.Subramanian for R4 M/s.Krishna Ravindran A.Charles Darwin & S.Praveen Kumar for R5 Mr. S. Vasudevan for R6 Mr. Raghunathan, T.Poornam, & Sharanya Vaidyanathan for R7 Mr.D.S.Ekambaram & P. Jayalakshmi for R8 Mr.H.Yasmeen Ali for R9 Application No.38 of 2017 (SZ) Applicant(s) Respondent(s) Ashwini Kumar 1. Union of India R/o. E-38, Greenwood City Ministry of Environment and Forests Sector - 46, Gurgaon - 122003 New Delhi, through Secretary
2. Ministry of Shipping, through its Director, New Delhi
3. State of Tamil Nadu Through Chief Secretary, Chennai
4. Tamil Nadu State Pollution Control Board Thro. Its Member Secretary, Chennai
5. Kamarajar Port Ltd., Chennai
6. Tamil Nadu Maritime Board, Chennai
7. Indian Oil Corporation, New Delhi
8. Tokio Marine Holdings Inc Rep.in India thro M/s.IFFCO - Tokio General Ins.Co Owners of MV Maple Galaxy Gurgaon, Hasryana
9. M.T. Dawn Kanchipuram Arya Voyagers , rep. by its M.D Mumbai Counsel appearing for applicant Counsel appearing for respondent/s M/s. VSA Legal Advocates Mrs. Me. Saraswathy for R1 Mr. Su. Srinivasan for R2 Mr. M.K. Subramanian for R3 Mrs. Yasmeen Ali for R4 & R6 M/s.Krishna Ravindran A.Charles Darwin & S.Praveen Kumar for R5 Mr. S.Vasudevan for R9 Application No.40 of 2017 (SZ) Applicant(s) Respondent(s) P. Somasundaram 1. Union of India Advocate Ministry of Environment and Forests Delhi New Delhi, through Secretary
2. Union of India, rep.by its Secretary Ministry of Shipping & Road Transport And Highways, New Delhi
3. Director General of Shipping Bombay
4. Central Pollution Control Board Through its Chairman, New Delhi Counsel appearing for applicant Counsel appearing for respondent/ M/s. P.V. Yogeswaan Mrs. Me. Saraswathi for R1 K. Maylsamty Mr. Su. Srinivasan R2 & R3 Mr.D.S.Ekambaram & Mrs. P. Jayalakshmi for R4 M.A. No.32 of 2017 Note of the Orders of the Tribunal Registry th Item No.16 to Date: 26 April, 2017 19 We have heard learned counsel appearing for the parties.
The Director General of Shipping, Government of India has filed a consolidated & comprehensive additional affidavit as well as typed set of papers containing the particulars relating to the steps taken towards remediation as well as the cleaning up of the oil spillage in the affected area on behalf of 13th respondent in O.A.No.14 of 2017, 2nd respondent in O.A.Nos.16 & 38 of2017 and 2nd and 3rd respondents in O.A.No.40 of 2017.
The learned counsel appearing for the applicant in Application No.14 of 2017 viz., Meenava Thanthai K.R.Selvaraj Kumar, Meenavar Nala Sangam would submit that in none of the meetings conducted either by the Department of Fisheries or by D.G.Shipping the said Association was invited. According to him it is because of that reason office bearers of the Association which is registered under Tamil Nadu Societies Registration Act, were unable to participate. It is true that the Department of Fisheries has arrived at a tentative figure of Rs.135.35 crores to be the compensation amount.
Mr.Manoharan, Additional Government Pleader would submit that this amount has been arrived at based on the records available with the State Government. We are of the view that in the light of stand taken by the applicant Association in O.A.No.14 of 2017 that they have not been offered to participate in the public hearing to explain their grievances, the Department of Fisheries shall permit the said Association also to putforth their claim. We make it clear that the said Society shall through the Authorised Representative, make its claim to the Department of Fisheries within a period of 2 weeks from today. After receipt of the said claim, the Department of Fisheries after making study, shall fix a date and make an enquiry so as to arrive at an appropriate quantum of compensation to be recovered from the Ship Owners. Needless to state that such claims which may be made by the said Association or any other person shall be substantiated with records.
It is pertinent to note that the aforesaid amount of Rs.135.35 crores has been arrived at by the Department of Fisheries immediately after the occurrence of the incident as it is seen in the letter of Principal Secretary, Animal Husbandary, Dairying & Fisheries Department to Government addressed to the Director General of Shipping dated 07.02.2017. Therefore, it is incumbent on the part of the Department of Fisheries to arrive at a final amount of compensation to be paid after conducting proper enquiry and finalising the list of persons who are affected. We make it clear that any person who is affected, shall make his/her application within two weeks from today and shall be finalised by the Fisheries Department so as to arrive at a proper conclusion.
In so far as it relates to the remediation, it is stated that all the 20 sites which are chosen for remediation and cleaning the process, has been completed. However, this statement is repudiated by some of the parties. In view of the same, we direct the MoEF & CC along with Tamil Nadu State Pollution Control Board to inspect various sites mentioned and file a Report as to whether the remediation and cleaning process has been done in a proper manner and whether any other activity is to be followed In this connection, certain other relevant points have been raised by Mrs.Vaishnavi Jayakumar, Member of Civil Society which are as follows:
1. Whether the entire 200 to 300 Metric tonnes of sludge which is stated to have been recovered has been disposed in an environmental friendly manner.?
2. After the accident took place, what steps have been taken for the purpose of investigation by the Police Department as well as Director General of Shipping ?.
As stated above, we have already directed the MoEF & CC along with the Board to inspect and find out the 20 sites which are stated to have been cleaned up.
We direct the MoEF & CC and the Board to ascertain about the deposit of 200 to 300 Mts. of sludge recovered and find out whether all the required environmental safeguards are taken and inform the same in the Report on the next date of hearing. It is stated that FIR has been lodged with Minjur Police Station and it is also stated by the learned Assistant Solicitor General appearing for D.G., Shipping that a Committee has been constituted to conduct an enquiry about the cause of the said accident and as soon as the investigation is completed and a report is submitted to the DG Shipping, appropriate decision will be taken within a period of 3 months and a Report will be filed before this Tribunal.
Incidentally, we also observe that since the FIR is lodged with the Police, the State Government shall make proper investigation by a team consisting of a properly trained officer and find out the real cause of the accident and persons responsible.
It is also informed that on a Public Interest Litigation Petition filed before the Hon'ble High Court of Madras claiming compensation on 'Polluter pays principle' the High Court has observed that the matter is seized by the National Green Tribunal and in any event the State Government shall take appropriate steps in that regard.
An issue is also raised about the investigation to be done from all angles in respect of the circumstances leading to fuel spillage and a study must be made at the National level in respect of the disaster so as to find out the reasons and to avoid such incidents in future.
Regarding the fuel spillage, D.G., Shipping has already constituted a Committee and has received Report from various Agencies regarding cleaning of operation stated to have been completed on 13.04.2017 and the remaining activity will be completed by May, 2017 as per the affidavit of D.G. Shipping and a decision will be taken which is in the form of a Report filed in the typed set of papers.
The issue of public health getting affected due to consumption of affected sea food, it is stated that the IIT, Madras has given some opinion about the sea food. However, learned Government Pleader would submit that Tamil Nadu Veterinary and Animal Sciences University (TANUVAS) has already certified that investigation about the nature of sea food has been done after analysing the samples and the same is found to be within the permissible limits. Further, the Department of Fisheries Processing Technology has also concluded that the quality of sea food is maintained within the permissible limits.
The next issue which has been raised is relating to the possibility of any oil spill having gone deep and settled on the sea bed and that aspect has not been studied and the report is awaited. However, the counsel for D.G., Shipping stated that there is no question of oil sinking into the sea waters and oil floats only on the water.
In respect of this issue, it is seen that National Centre for Sustainable Coastal Management, (NCSCM), MoEF & CC Government of India which is an autonomous Institute and which is an accredited to the Ministry has submitted its first Report on 28.01.2017 on assessment of oil spill along Chennai Coast and regarding the issues which are raised today by various parties, the learned counsel they may go through the report and make their submissions, if any, on the next date of hearing.
Mr.Syed Nurullah Sheriff takes notice for MoEF & CC in Application Nos.14 and 16 of 2017. Mrs.Saraswathi takes notice for MoEF & CC in Application Nos.38 & 40 of 2017.
The respondents who have not filed their reply shall file their reply within 2 weeks after Fisheries Department finalises the approximate quantity and forward the same to the Insurance Company which insured the ship M.T.Dawn Kancheepuram, Nariman Point, Mumbai.
Considering the issue involved in this case and directions issued to the Department, we direct the impleadment of Principal Secretary to Government, Department of Animal Husbandary, Dairying and Fisheries Department, Secretariat, Chennai as respondent No.15 in Application No.14 of 2017. The Registry shall make necessary amendment in this regard. The learned counsel appearing for the applicant shall file their memo of parties. Post these applications on 06.07.2017.
.............................................., JM (Justice Dr.P.Jyothimani) ..............................................,EM (Shri P.S. Rao)