National Green Tribunal
National Green Tribunal Southern Zone vs The District Collector Chengalpattu on 3 November, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.12:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.18 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion
Suo Motu based on the news item in
The New Indian Express, Chennai Edition
Dated 27.01.2020, "Urapakkam resident's brave death
Threats, turn cesspool into lake".
...Applicant(s)
Versus
The District Collector,
Chengalpattu
District Collectorate Office,
Chengalpattu District and Ors.
...Respondent(s)
Date of hearing: 03.11.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Suo Motu by Court.
For Respondent(s): Sri. M. Mani Gopi for R1 & R4.
Sri. C. Kasirajan through
M/s. Meena for R2 & R3.
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ORDER
1. When the matter came up for hearing today through Video Conference, Sri. Mani Gopi represented respondents 1 & 4 and Sri. C. Kasirajan through M/s. Meena represented respondents 2 & 3.
2. Though, the committee has been constituted as per order dated 29.01.2020 for filing status as well as action taken report but no such report has been filed so far even after a period of ten months. That shows the lethargic attitude on the part of the authorities who are expected to protect the water bodies and not rising to the expectation of this Tribunal in discharging their duties. Pandemic situation is not an excuse for not discharging their statutory as well as constitutional obligation of protecting lake against encroachment and pollution. If pollution is allowed to continue for a longer period, it will have a great impact on health of the people and that will result in more disaster than the present pandemic situation.
3. The learned counsel appearing for the State department submitted that he will instruct the authorities to complete the inspection and submit a report, if short time is granted.
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4. The Pollution Control Board has also got a responsibility under the Water (Prevention & Control of Pollution) Act, 1974 and Solid Waste Management Rules, 2016 to inspect the water bodies independently and take action against those persons who are discharging the effluents as well as sewage into the water bodies without treatment. Inspite of that they also did not come with any independent response by exercising their powers provided under the respective pollution laws.
5. They could have atleast inspected the area and take water samples and submitted a status report so as to enable this Tribunal to give further directions in this regard. That exercise was also not done by them.
6. However, considering the circumstances, we feel that one more opportunity can be given to the committee to submit the report and if the committee does not submit the report, we remind the members of the committee that they will have to face the consequence wherein the Tribunal will be invoking the power under Section 25 of the National Green Tribunal Act, 2010 for disobedience of the directions given by this Tribunal.
7. The committee is directed to submit the report to this Tribunal on or before 22.12.2020 by e-filing along with necessary hardcopies to be produced as per Rules.
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8. The Registry is directed to communicate this order to the members of the committee as well as to the Chief Secretary, State of Tamil Nadu for compliance of the direction.
9. For consideration of report, post on 22.12.2020.
...................................J.M. (Justice K. Ramakrishnan) ...............................E.M. (Shri. Saibal Dasgupta) O.A. No.18/2020, 03rd November, 2020. Mn.
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