National Green Tribunal
V.Ramasubbu vs Union Of India Rep By The Secretary To ... on 25 August, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
1
Item No.7 BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
O.A.No.149 of 2016 (SZ)
(M.A.46/2017)
(Through Video Conference
IN THE MATTER OF:
V. Ramasubbu .. Applicant
Vs.
Union of India & ors ... Respondent(s)
Date of hearing: 25.8.2020
CORAM: HON‟BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON‟BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For applicant : Mr. A. Thirumalai Raja
For Respondent(s) : . Mr. M.R. Gokul Krishnan for R1, R2 & R4
Mr. Mani Gopi for R3, R5 & R8
Mr. Kasirajan &
Mr. Ajithkumar for R6 & R7
Mr. Sai Sathyajith for R9
ORDER
When the matter came up for hearing today through Video Conference, Mr.A. Thirumalai Raja represented applicant. Mr. M.R. Gokul Krishnan represented respondents 1, 2 and 4, Mr. Mani Gopi represented respondents 3, 5 and 8, Mr. Kasirajan through Mr. Ajithkumar represented respondents 6 and 7 and Mr. Sai Sathya Jith represented respondent no.9
2. As per order dated 8.1.2020, this Tribunal had considered the pleadings and appointed a joint committee and directed them to file a status as well as action taken report and posted the case to 5.5.2020 for consideration of report.
3. We have received the joint committee report which reads as follows:
2Joint Committee report in compliance with the Order dated 08.01.2020 of Hon'ble NGT (SZ), Chennai in O.A. No.149 of 2016 in the matter of Shri. V. Ramasubbu Vs Union of India & Ors.
Joint Committee report in compliance with the Order dated 08.01.2020 of Hon'ble NGT (SZ), Chennai in O.A. No. 149 of 2016 in the matter of Shri. V. Ramasubbu Vs Union of India & Ors.
1. Introduction:
Shri. V. Ramasubbu, Advocate has filed an original application No. 149 of 2016 (SZ) & M.A. No 46 of 2017 (SZ) before the Hon‟ble National Green Tribunal (Southern Zone), Chennai (NGT) against the development of township by M/s. Bahri Estates Pvt. Ltd. at S.F.No 179/B, 290/2B etc., in Genguvarpatty Revenue village, G. Kallupatti Panchayat, Periyakulam Taluk, Theni District, Tamilnadu with the prayers referred therein..
In the above said matter, NGT has passed an Order dated 08.01.2020 and the operative portion of the Order is reproduced as under:
"To Constitute a joint committee comprising of Regional Office, MoEF, representative of Chief Wildlife Warden of Tamil Nadu, Central Pollution Control Board (CPCB) and Tamil Nadu State Pollution Control Board (TNPCB), the District Collector, Dindigul and the Commissioner of Directorate of Town and Country Planning (DTCP), Tamil Nadu to inspect the area in question and consider the question regarding the environment impact of the project in Eco-Sensitive area on forest, wildlife and existing water bodies and whether the project developer had started their construction without getting environment clearance and if so, what is the extent of construction made in that area covered for the project and also the applicability of EIA Notification 2006 for the project and if there is any violation. If there are violations, the committee may also specify the violation aspects and the extent of violation having impact on environment and the action taken by the authorities for the said violation and submit a report to this Tribunal within a period of three months through e-mail at [email protected].3
The Tamil Nadu State Pollution Control Board (TNPCB) will be the nodal agency".
2. Constitution of Joint Committee:
In compliance with the Order dated 08.01.2020 of Hon‟ble NGT Chennai and based on the nominations received from the organizations concerned, Joint Committee has been constituted by the nodal agency, comprising the following members:
(i). Er. S. Pandiarajan, DEE, TNPCB, Theni
(ii). Dr. R. Chandrasekaran, DEE, TNPCB Dindigul
(iii). Dr. M. Madhusudanan, Regional Director, CPCB, Chennai
(iv). Dr. M.T. Karuppiah, Scientist - D, MoEF&CC, Regional Office, Chennai
(v). Shri. S. Karthikeyan, Scientist - C, Regional Directorate of CPCB,
Bengaluru
(vi). Shri. Thejasvi, DFO & Wildlife Warden, Kodaikanal Wildlife Division
(vii). Shri. L. Eugine, Tahsildar, Nilakottai for and on behalf of District Collector,
Dindigul
(viii). Shri. Mathimaran, Dy. Director, DTCP, Madurai Region
(ix). Shri. B. Rameshkumar, Member Secretary, Dindigul Local Planning
Authority, Dindigul
3. Terms and reference of Joint Committee:
The Terms of Reference of the Joint committee is furnished under:
(i). To inspect the area in question and consider the question regarding the environment impact of the project in Eco-Sensitive area on forests, wildlife and existing water bodies.
(ii). Whether the project proponent had started their construction without getting environment clearance and if so, what is the extent of construction made in that area covered for the project and also the applicability of EIA Notification 2006 for the project and if there is any violation.4
(iii). Area of construction and proximity of the project to the reserve forest and Kodaikanal Wildlife Sanctuary.
(iv). Whether there is any water body available near and within the project area which requires preservation and protection.
(v). If there are violations, the committee may also specify the violation aspects and the extent of violation having impact on environment and the action taken by the authorities for the said violation and submit a report.
4. Background of the Project:
M/s. Bahri Estates Pvt. Ltd. is contracting company that specialized in layout development and rendering construction and hospitality services to Senior Citizens. The company manufactures curb stones, pavers, and construction blocks (Solid & Hollow) too.
M/s. Bahri Estates Pvt. Ltd. has developed a layout for retirement community namely "Anandam" at Genguvarpatti village, G. Kallupatti Panchayat, Periyakulam Taluk, Theni District of Tamilnadu.
The Details of the layout is as follows:
Sl. No. Descriptions of the project Area / No. of plots
(i) Total Area of the site 121.84 Acres (49.31 Hectares)
(ii) Allotted plots 298Nos.
(iii) OSR (Open space) 552210 sq. ft (12.68Acres)
(iv) Shops 6.34 Acres
(v) Nursing Home 2.15Acres
(vi) Educational Purpose 2.90Acres
(vii) Mini Golf 10.119 Acres
As informed, out of 298 allotted plots, 172 plots including undivided shares are sold out to the individual. Now, 103 villas are constructed. Built up area of each villa is at about 950 Sq. ft. Total built up area of the villas is 97850 Sq. ft. (9093.86 m 2). At present 40 villas are occupied by the owners and remaining villas have occasionally occupied.5
M/s. Bahri Estates Pvt. Ltd. has obtained approval from the Commissioner of Town and Country Planning, Chennai for construction of club house vide approval no. 27280/2012/PA1 dated 23.04.2013 for the construction of club house consisting of Restaurant and kitchen, Entertainment Room, Bar, Library, Reception, Office administration, Gymnasium and Yoga hall, Consultancy Room, Spa and saloon with the built up area 38855.64 Sq. ft (3611.11 m 2) in plot area 79081.00 Sq. ft. (7349.53 m 2). Club house constructed but not yet commissioned.
5. Statutory status:
Under the provision of the EIA Notification, 2006, construction of new projects or activities or the expansion or modernization of existing projects or activities listed in the schedule annexed to the said notification entailing capacity addition with change in process and or technology shall be undertaken in any part of India, as applicable, only after receipt of the prior environment clearance from the Central Government or as the case may be, by the State Level Environment Impact Assessment Authority ("SEIAA").
Under the provisions of EIA Notification, 2006, Environment Clearance for Building and Construction Projects, Area Development Projects and Townships are covered under entry 8 (a) & (b) of the Schedule to the EIA Notification, 2006. The entry 8(a) and 8(b) of the Schedule of EIA Notification 2006 says:
"8(a): Building and Construction projects - ≥ 20000 sq. m. and < 150000 sq. m. of built-up area - (built up area for covered construction; in the case of facilities open to the sky, it will be the activity area) 8(b): Townships and Area Development projects - Covering an area ≥ 50 ha. And or built up area >150000 sq. m. - (All projects under Item 8(b) shall be appraised as Category B1)."
According to the EIA Notification and its amendment, general condition shall not apply to the project activity under schedule 8(a) and 8(b). The aforementioned entries 8(a) and 8(b) are qualified as category „B‟ projects under the EIA Notification, 2006 and 6 the said projects are required to be appraised by the State Level Expert Appraisal Committee (SEAC) and approved by the State Environmental Impact Assessment Authority (SEIAA).
6. Meeting of Joint Committee:
An introductory meeting of the Joint Committee was held on 19.03.2020 (FN) in the O/o District Environmental Engineer, Dindigul and the Committee members deliberated the TOR of the Committee and the issues involved therein. In continuation to the discussion held, the Joint Committee visited the site on 19.03.2020 (AN) along with all the respective local authorities concerned. During the site visit an opportunity was given to the project developer (M/s. Bahri Estates Pvt. Ltd.) to present their views on the project. On behalf of M/s. Bahri Estates Pvt. Ltd., Shri. M. Pandiyarajan, Assistant General Manager presented the status of the project interalia including the NOCs / licenses obtained from the departments concerned.
As informed by the Project proponent, the land for this project under consideration was purchased from the public by various entities as under:
1. M/s. Sushma Sales Pvt. Ltd., - 56.33 Acres.
2. M/s. Anpra Farms Development Pvt. Ltd., - 7.5 Acres.
3. M/s. Bahri Cuisines Pvt. Ltd., - 18.28 Acres.
4. M/s. Suprava Agro Estates Pvt. Ltd., - 37.83 Acres.
5. M/s. Venkatesh Agro Estates Pvt. Ltd., - 1.90 Acres.
TOTAL - 121.84 Acres (49.31 Ha.) M/s. Bahri Estates Pvt. Ltd. has entered agreement with above entities for further process. Project developer has made available the relevant project documents to the Committee.
7. Observation and recommendations:
The Joint Committee perused the documents made available during the visit and observed that Project developer has obtained NOC / communication from various departments as mentioned under:7
(i). NOC from Tamilnadu State Forest Department vide letter No. 10772/07 dated 24/01/2008, wherein NOC was accorded for 128 Acres (51.82 Ha.) for the purpose of agricultural farming only ( Annexure - I).
(ii). Project developer has obtained Certificate from Tahsildar, Periyakulam Taluk vide letter dated 22/2/2008, for the development of layout in an area of 49.765 Ha. (Annexure - II).
(iii). A communication dated 12/07/2011was issued by the Tamilnadu State Forest Department that Project developer shall maintain Buffer Zone between the project site and southern reserve forest and follow other conditions in the earlier NOC dated 24/01/2008 while carrying out new activities (Layout development).
(Annexure - III).
(iv). Approval for the development of layout in an area of 49.31 Ha. has been obtained from DTCP vide approval NO.13/2009 dated 18/03/2009 ( Annexure - IV).
From the above NOC and communication obtained from the Tamilnadu Forest Department, it has been observed that project developer has more than 50 Ha. of area in their possession from 2008 to 2011. Presently, project developer claims that the adjoining area of 7 acres comprising of Survey No. 426,428,429,441/1 is not in their name and it will be purchased as and when required. As a result they claim that the total project area is less than 50 Ha. In such circumstances, it is pertinent to mention here that in the absence of the ownership one can not get the NOC. Further, the NOCs obtained for 128 Acres (51.82 Ha.) from the Forest Department has not been amended till date.
During the visit, it has been observed that few project related activities viz. Nursery, composting yard etc., are being undertaken in the adjoining area of the project, which is not part of the project area. But considered to be activity area.
The developer in a calculated approach has excluded 7 Acres of the land from the total area of layout in order to avoid the process of EC. Based on the NOCs obtained and actual utilization of adjoining area, the area of project activity is more than 8 50 Ha. and thus it attracts the provisions of schedule 8(b) (B1 category) of the EIA Notification, 2006, which needs to be appraised by the SEIAA-Tamilnadu. The project site is 35 m away from the boundary of the Kodaikanal Wildlife Sanctuary. Since the project activity falls within 10 km of eco-sensitive zone (in the absence of delineation of Eco-sensitive Zone of Kodaikanal Wildlife Sanctuary prior to the Gazette notification dated 23/01/2020), it is mandatory requirement of getting Clearance from the Standing Committee of National Board for Wildlife (NBWL). Further, Govt. of India vide S.O. 412(E) dated 23/01/2020 has notified the Kodaikanal Wildlife Sanctuary, wherein notified an area to an extent of 0 km to 1.0 km around the boundary of the Kodaikanal Wildlife Sanctuary as Eco-sensitive Zone.
Based on the direction of the Tamilnadu State Pollution Control Board, the developer vide their letter dated 02/04/2014 applied for Environment Clearance before the State Level Environment Impact Assessment Authority- Tamilnadu and it appears that the matter still pending during the subjudice of the above matter. It is pertinent to mention that vide Notification No. S.O. 804 (E) dated 14th March 2017 provided a six month window for the entities not complying with environment regulation under Environment Impact Assessment Notification, 2006, i.e., those entities which did not obtain prior Environment Clearance to apply for grant of Environment Clearance in order to bring them under compliance with the prevalent environment laws. Subsequently, MoEF&CC also issued an Office Memorandum dated 9 th September, 2019 for consideration of violation proposals through lateral entry. As per the said O.M., proposals involving violation can be considered as per the notification no. S.O. 804 (E) dated 14/03/2017 only, if it is applied during the window period 14/03/2017 to 13/09/2017 and 14/03/2018 to 13/04/2018 (or) prior to the violation window period. It appears that the developer has failed to avail this opportunity.
During the visit, the natural drains / nallah passing through the project area have been verified with revenue authorities / FMB and observed that the existing natural seasonal drains have not been realigned / obstructed. Further, M/s. Bahri Estates Pvt. Ltd. has constructed the bridge on the natural drains after obtaining requisite 9 permissions from the Tamilnadu Public Works Department vide letter dated 3.02.2011.(Annexure - V).
Based on the site visit, the District Environmental Engineer, Tamilnadu State Pollution Control Board, Theni vide Proceeding No.DEE/TNPCBD/TEN/F.0001(INV)/W/2016 dated 18/05/2016 issued Show cause Notice to the developer. In response to the Show cause Notice, the Project developer vide letter dated 27/05/2016 replied that they have applied for the Environment Clearance from the SEIAA-Tamilnadu with relevant documents and that they are awaiting clearance from the SEIAA. In this regard, District Environmental Engineer, TNPCB, Theni vide letter No.F.0002/DEE/TNPCB/Theni/2016/ dated 21/06/2016 submitted report to the TNPCB Head Office, Chennai to take necessary action against the developer.
It appears that, SEIAA-TN vide Office Memorandum dated 12.12.2012 delisted the application of M/s. Bahri Estates Pvt. Ltd. from the list of proposals under process in SEIAA-TN, since it falls under the violation category and action have been taken against the Project Proponent by SEIAA-TN. The above mentioned office memorandum dated 12.12.2012 has been stayed by this Green Tribunal, Southern Zone in O.A. No. 135/2014 on 21.05.2014 and thereafter it was transferred to the Hon‟ble NGT, Principal Bench, New Delhi.
The District Forest Officer, Kodaikanal Forest Division has issued NOC in its Letter No. D1/10772/07 dated 24.01.2008 in favour of M/s. Bahri Estates Pvt. Ltd., to establish agriculture farm in the land of 128 acres, subject to the condition that it shall not cause any damage to Reserve Forest, injury to wild animals and without any encroachment. The unit has approached DTCP for layout approval of 49.31 Hectares. The Commissioner, DTCP has issued approval vide letter No 3082/08/LA2/ Dated 09.03.2009 with a list of conditions that it should handover the land for OSR (Open Space Reserved) to the local body. Total No. of Plots is 298 with Shops, Nursing Home, Educational Institution and Mini Golf. Subsequently, the unit has handed over the land 10 for the above purpose to the local body vide its Gift Deed dated 15.04.2009 and Ratification Deed dated 14.09.2010.
The Project Developer has started sale of plots to the public. The unit has obtained further approval from the commissioner, Town and country planning, Chennai for construction of Club House with a condition to obtain consent from the Tamilnadu Pollution Control Board for discharge of waste water vide approval No.27280/2012/PA1 dated 23.04.2013.
The Project developer vide their letter dated 12.02.2014 has filed an application to District Environmental Engineer, Tamilnadu Pollution Control Board, Theni under Water and Air Act. The DEE, Theni, vide letter No. F.0001/(INV APP)/AEE/TNPCB/Theni/2014 dated 28.03.2014 returned the applications stating that clearance from SEIAA is mandatory, since the project built up area is more than 20,000 Sq.mt.
Subsequently, the developer has approached SEIAA for grant of Environmental Clearance under Environment (Protection) Act, 1986. The application has been submitted by the Project developer for development of Township in 49.31 Hectares. The Member Secretary, SEIAA vide letter dated 02.04.2014 instructed the developer not to commence any activity other than cleaning of the site, fencing the site and putting up temporary structure for accommodation of labour, along with basic facilities like toilets and water supply, made as a temporary arrangement.
Based on the representation received from Shri. Ramasubbu, Advocate, Srivaigundam, Thoothukudi District, the site was inspected by TNPCB, Theni Office on 17.05.2016 and Show cause notice was issued for operating the unit without obtaining Consent from the TNPCB vide Proceeding dated 18/05/2016. Action taken report was sent to the petitioner Shiri. Ramasubbu, Advocate, vide TNPC Board, Theni, letter No. F.0001 (N.A)/DEE/TNPCB/2016/ dated 25/05/16. The project developer replied that they have applied for SEIAA Clearance with relevant documents and the same is under process vide their letter dated 27/05/2016. Report was submitted to Head Office, 11 Chennai to take necessary action against the developer vide TNPCB, Theni letter No.F.0002/DEE/TNPCB/ Theni/2016/ dated 21/06/2016.
During the inspection of the site again on 04.10.2016 by TNPCB official, it was noticed that the unit had constructed some villas and construction of some villas are also under progress. The unit has established mobile concrete mixture unit and are having moulds for manufacturing of concrete solid blocks. Manufacturing of concrete blocks was not under operation during inspection. The unit had installed D.G. Sets of 250 KVA - 2 Nos. and 25 KVA -1 No and were in working condition.
The unit is continuing the construction activity without obtaining SEIAA clearance and consent from the TNPC Board. The unit continues to violate the provisions of Water & Air Acts. Hence, TNPCB, Theni vide letter No. F.0002/DEE/TNPCB/ Theni/2016/ dated 06.10.2016 submitted report to the TNPCB, Head Office, Chennai - for taking necessary action against the unit.
Subsequently, the developer has submitted a letter to SEIAA stating that the project has been duly approved as residential layout vide DTCP sanction letter 3082/2008/LA2 dated: 09.03.2009 & approved layout no 13/2009 and for commercial, Hospital, Educational Institution, Mini Golf, Resort, Group housing and for owner‟s use which are all future proposed developments in the same layout in 49.31 hectares (less than 50 hectors). Further stated that they have submitted an application for the grant of EC to develop the layout Phase II to the extent of 31.02 hectares as expansion of the same project. The project named as "Bahri Beautiful Country". The plots are being registered in the name of buyers. After the registration of the plot, the ownership goes to the individual buyer‟s name and the construction work is being taken up by the developer on behalf of individuals after obtaining due approval from local panchayat as per the request of the buyer after the registration of plot.
Reportedly, for various business reasons, the project developer is not proceeding and withdrawing the proposed phase II of 31.02 hectares at present.
12The Committee has inspected various constructions of villas, Oddai flowing through the project site, collection system of sewage, vermicomposting and distance between reserved forest and the project site.
Thiru. V. Ganeshan, Village Administrative Officer, Genguvarpatti and Thiru.S.Stephen, Deputy Inspector of Survey, Periyakulam Taluk has shown the records of Revenue for various oddai in the project site. There are four oddais in the project site. Widths of the oddais are not altered in the site. The unit has left 35 meters buffer zone between the boundary of reserved forest and the project activity area.
The sewage from the villas are collected and disposed periodically through tankers authorized by local body. Also the unit is converting the Bio degradable solid waste through vermicomposting.
8. Committees views based on terms of reference as per NGT order:
Sl. Terms of reference Observations of the committee No. To inspect the area in Regarding the eco-sensitive area: The
(i) question and consider project activity falls within 10 km of eco-
the question regarding sensitive zone (in the absence of delineation of the environment impact Eco-sensitive Zone of Kodaikanal Wildlife of the project in Eco- Sanctuary prior to the Gazette notification Sensitive area in forest dated 23/01/2020), it is mandatory requirement wildlife and existing of getting Clearance from the Standing water bodies and Committee of National Board for Wildlife whether the project (NBWL). Further, Govt. Of India vide S.O. developer had started 412(E) dated 23/01/2020 has notified the their construction Kodaikanal Wildlife Sanctuary, wherein notified without getting an area to an extent of 0 km to 1.0 km around environment clearance. the boundary of the Kodaikanal Wildlife Sanctuary as Eco sensitive zone.
Whether the project developer had started their construction without getting environment clearance: As per the affidavits submitted by SEIAA and as per the records of TNPCB, it is observed that, the unit has continued the project related activity without obtaining environmental clearance from SEIAA 13 and consent from the TNPC Board. The unit continues to violate the provisions of Water & Air Acts, as per the report submitted by TNPCB, DEE, Theni vide TNPCB, Theni letter No. F.0001 (N.A)/DEE/TNPCB/2016/ dated 25/05/16 & F.0002/DEE/TNPCB/ Theni/2016/ dated 06.10.2016. In this regard, TNPCB vide Proceeding dated 18/05/2016 issued Show cause Notice to the Unit.
The Member Secretary, SEIAA vide letter dated 02.04.2014 instructed the Project developer not to commence any activity other than cleaning of the site, fencing the site and putting up temporary structure for accommodation of labour, along with basic facilities like toilets and water supply, made as a temporary arrangement.
Though the Project developer has obtained approval from DTCP, requisite Consent & Authorization has not been obtained from the TNPCB.
Impact of the project in Eco-Sensitive area in forest wildlife and existing water bodies:
The Committee has inspected various constructions of villas, Oddai (small seasonal streams) flowing through the project site, treatment system of sewage, solid waste disposal and distance between reserved forest and the project site.
Committee has shown the records of Revenue for various oddai in the project site and verified the existence along with revenue officials.
There are four oddais in the project site.
Widths of the oddais are not altered in the site.
However, bridges are constructed along the cross roads within the developed project area for free flow of water during monsoon. The Project Developer has left 35 meter buffer zone from the reserved forest.
The sewage from the villas are collected and disposed periodically through tankers authorized by local body. Also the unit is converting the Bio degradable solid waste 14 through vermicomposting.
(ii) Whether the project From the NOC and communication obtained proponent had started from the Tamilnadu Forest Department, it has their construction been observed that project developer has without getting more than 50 Ha. of area in their possession environment clearance from 2008 to 2011. Though the project and if so, what is the developer claims that the total project area is extent of construction less than 50 Ha., it is pertinent to mention here made in that area that in the absence of the ownership one can covered for the project not get the NOC. Further, the NOC obtained and also the applicability for 128 Acres (51.82 Ha.) from the Forest of EIA Notification 2006 Department has not been amended till date. for the project and if there is any violation. During the visit, Committee has observed few project related activities viz. nursery, composting yard etc., are being undertaken in the adjoining area of the project, which is not part of the project area. But, considered to be activity area. Accordingly, it is observed that the area of layout development and allied activities exceeds 50 Ha., therefore obtaining Environmental Clearance under EIA Notification, 2006 is mandatory.
(iii) Area of construction and Out of 298 allotted plots, 172 plots including proximity of the project undivided shares are sold out to the private to the reserve forest and individuals. Presently, 103 villas are Kodaikanal Wildlife constructed. Built up area of each villa is at Sanctuary.
about 950 Sq. ft. Total built up area of the villas is around 97850 Sq. ft. (9093.86 m2). At present 40 villas are occupied by the owners and remaining villas have occasionally occupied.
The project site is 35 m away from the boundary of the Kodaikanal Wildlife Sanctuary.
Since the project activity falls within 10 km of eco-sensitive zone (in the absence of delineation of Eco-sensitive Zone of Kodaikanal Wildlife Sanctuary prior to the Gazette notification dated 23/01/2020), it is mandatory requirement of getting Clearance 15 from the Standing Committee of National Board for Wildlife (NBWL). Further, Govt. of India vide S.O. 412(E) dated 23/01/2020 has notified the Kodaikanal Wildlife Sanctuary, wherein notified an area to an extent of 0 km to 1.0 km around the boundary of the Kodaikanal Wildlife Sanctuary as Eco sensitive zone.
(iv) Whether there is any During the visit Committee observed that there water body available is no any water body available near and within near and within the the project area. Further, the natural drains / project area which oddais passing through the project area have requires preservation been verified with revenue authorities / FMB and protection. and observed that the four existing natural seasonal drains / oddais in the project area have not been realigned / obstructed. Widths of the oddais are not altered. Further, M/s.
Bahri Estates Pvt. Ltd. has constructed the bridge on the natural drains after obtaining requisite permissions from the Tamilnadu Public Works Department.
(v) If there are violations, Based on the records made available during the committee may also the visit, it has been observed that the unit specify the violation continuing the construction activity without aspects and the extent obtaining environmental clearance and of violation having Consent & Authorization from the authorities impact on environment concerned. The unit violated the provisions of and the action taken by Air & Water Acts. In this regard, TNPCB, Theni the authorities for the vide Proceeding dated 18/05/2016 issued said violation and Showcause Notice to the unit for continuing the submit a report. project activity without obtaining Consent from the Board.
Based on the direction of the Tamilnadu Pollution Control Board, the developer vides their letter dated 02/04/2014 applied for Environment Clearance before the State Level Environment Impact Assessment Authority-
Tamilnadu and it appears that the matter is still pending.
SEIAA-Tamilnadu vide letter dated 02.04.2014 instructed the developer not to commence any activity other than cleaning of the site, fencing the site and putting-up temporary structure for accommodation of labour, along with basic 16 facilities like toilets and water supply, made as a temporary arrangement.
MoEF&CC vide Notification No. S.O. 804 (E) dated 14th March 2017 provided a six month window for the entities not complying with environment regulation under Environment Impact Assessment Notification, 2006, i.e., those entities which did not obtain prior Environment Clearance to apply for grant of Environment Clearance in order to bring them under compliance with the prevalent environment laws. Subsequently, MoEF&CC also issued an Office Memorandum dated 9th September, 2019 for consideration of violation proposals through lateral entry. As per the said O.M., proposals involving violation can be considered as per the notification no. S.O. 804 (E) dated 14/03/2017 only, if it is applied during the window period 14/03/2017 to 13/09/2017 and 14/03/2018 to 13/04/2018 (or) prior to the violation window period. It appears that the developer has not availed this opportunity also.
Conclusion:
(i). The Joint Committee, based on the site visit, observed that the area of said layout development and allied activities exceeds 50 Ha. and thus obtaining Environmental Clearance under the provisions of EIA Notification, 2006 is mandatory.
(ii). The project activity falls within 10 km of eco-sensitive zone (in the absence of delineation of Eco-sensitive Zone of Kodaikanal Wildlife Sanctuary prior to the Gazette notification dated 23/01/2020), it is mandatory requirement of getting Clearance from the Standing Committee of National Board for Wildlife (NBWL). Even after the Gazette notification dated 23/01/2020, Clearance from NBWL is mandatory, since the project site is just 35 meter away from the boundary of notified Kodaikanal Wildlife Sanctuary.
17(iii). The developer carried out / continued to do the manufacturing of pavers, construction blocks both hollow and solid and readymade concrete mix, vermicomposting and collection & transportation of sewage in contravention of section 25 of Water (Prevention and Control of Pollution) Act, 1974.
(iv). The Project developer has established three number of DG sets in contravention of section 21 of Air (Prevention and Control of Pollution) Act, 1981.
(v). In view of above observations and clarifications obtained from departments concerned, the project developer has further planned for a second phase of the project in the same area having an extend of about 31.02 hectares. However, the proposal submitted to SEIAA-Tamilnadu / DTCP stands withdrawn as informed by the Project Developer.
By considering all the above facts the Hon‟ble Court may pass appropriate Order(s) / Direction(s) as deemed fit.
Dr. M. Madhusudanan Dr. M.T. Karuppiah S Karthikeyan
Regional Director Scientist - D, MoEF&CC, Scientist - C
Central Pollution Control Regional Office, Chennai Central Pollution Control
Board, Chennai Board, Regional Directorate,
Bengaluru
L. Eugine Thejasvi Mathimaran
Tahsildar, Nilakottai DFO and Wildlife Warden, Deputy Director
For and behalf of Kodaikanal Wildlife Division Directorate of Town and
District Collector Country Planning
Dindigul Madurai
B. Rameshkumar Er. S. Pandiarajan Dr. R. Chandrasekaran
Member Secretary District Environmental District Environmental
Dindigul Local Planning Engineer Engineer
Authority, Dindigul Tamilnadu Pollution Control Tamilnadu Pollution Control
Board, Theni Board, Dindigul
4. It is seen from the report that construction was made without getting Environment Clearance and against the permission granted by the Forest Department and no action was 18 taken by the regulating authorities. Further, the committee has not assessed the environmental compensation which they were directed to assess if there is any violation.
5. So under these circumstances, we feel it appropriate to direct the regulating authorities to submit further action taken report and also direct the committee to assess the environmental compensation for the violation committed and submit a further report regarding the same. In the mean time, the parties are at liberty to file their objections if any, to the committee report as well.
6. The committee as well as the regulating authority are directed to file their further report and action taken report respectively on or before 9.11.2020 to this Tribunal through e-filing at [email protected].
7. Registry is directed to communicate this order to the committee members through e-mail immediately so as to enable them to comply with the directions of this Tribunal.
For filing further report, post on 9.11.2020 .........................................J.M. (Justice K. Ramakrishnan) .........................................E.M. (Shri. Saibal Dasgupta) O.A.149/2016-25.8.2020-kkr