National Green Tribunal
P. V.Subramani vs The State Of Tamil Nadu Represented By ... on 16 September, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.01
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 410 of 2013 (SZ)
(Through Video Conference)
IN THE MATTER OF:
P.V. Subramanian
...Applicant(s)
With
State of Tamil Nadu and others.
...Respondent(s)
Date of hearing: 16.09.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL
MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): M/s. Sriraksha represented Sri.
Yogeshwaran
For Respondent(s): Sri. S.V. Vijaya Prasanth, along
with Sri. Kamalesh Kannan for R1
Sri. Kasirajan through M/s. Meena
for R5
Sri. M. Guruprasad through M/s.
Shase for R8.
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ORDER
1. As per order dated 12.12.2019, this Tribunal had considered the report submitted as per order dated 22.04.2019 and directed the committee to submit a further report regarding the remedial measures namely,
1. "Whether the remedial measures provided for drying the remnant salt that has been left out after manufacturing of "Mor milagai" is sufficient?
2. Whether the quantity of remnants of the product has been completely removed and any further steps taken for continuous removal of the same to safer place?
3. Whether the soil and water quality has been improved, if not, what is the remedial measures to be taken for restoring the damage caused to soil as well as ground water and the amount required for the remedial measures and also assess the environment compensation taking into these aspects including the damage caused to soil and water, loss of service to ecology and cost required for restoration of the same." And posted the case to 29.04.2020 for getting the report.
2. On 29.04.2020 the case was adjourned to 29.06.2020 and on 29.06.2020, it was adjourned to 03.07.2020 by successive notifications.
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3. On 03.07.2020, at the request of the counsel appearing for the respondents and the committee, the matter has been adjourned to today.
4. When the matter came up for hearing today through Video Conference, M/s. Sriraksha represented Sri. Yogeswararan counsel for the applicant. Sri. S.V. Vijaya Prasanth, Special Government Pleader along with Sri. Kamalesh Kannan represented 1st respondent, Sri. Kasirajan through M/s. C. Meena represented 5th respondent and Sri. M. Guruprasad through M/s. Shase represented 8th respondent.
5. The learned Government Pleader wanted some more time to submit the report and also the action plan that is also likely to be taken by the Government to resolve this issue permanently.
6. The committee also wants some more time to submit the report.
7. Considering the fact that the matter is of year 2013 and the short question that arises for consideration is as to whether there was any damage caused to the environment on account of the alleged activities of the "Mor Milagai"
cottage industry in the locality and if so, what is the remedial measures to be taken to resolve the issue and if 3 any environmental compensation has to be imposed, then so, what is the quantum of compensation to be imposed.
8. Already some reports have come regarding these aspects and some objections have been filed by the "Mor Milagai" manufacturers on the opinion of the committee formed in this regard which can be taken into consideration by this Tribunal at the time when the matter is finally heard and disposed of by this Tribunal. Before that, this Tribunal wants to get a detailed report regarding the remedial measures if there is any damage caused to the environment and what are all the precautionary methods to be taken by the Mor Milagai manufacturers to avoid such thing in future as well.
9. The Government must also come with a concrete guideline/policy as it is seen from the earlier reports and submissions as to how the remnant salt left out after manufacture of Mor Milagai can be safely disposed without causing any damage to environment. Some suggestions have been given earlier, but they have not come with any concrete guideline in this regard. That is how the matter is being adjourned from time to time.
10. Considering the circumstances and the request made, with some reluctance, we are granting adjournment to 4 submit the report as directed by this Tribunal by the earlier orders regarding the remedial measures to be taken to resolve the issue permanently
11. The committee as well as the official respondents are directed to submit the report in this regard on or before 20.10.2020 by e-filing along with required hard copies to be produced as per rules.
12. The Registry is directed to communicate this order to the members of the committee immediately through e-mail, so as to enable them to comply with the direction
13. For consideration of further report, post on 20.10.2020.
..................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. 410/2013 (SZ) 16th September 2020. Sr. 5