National Green Tribunal
Mass Empowerment And Guidance ... vs The Kayalpattinam Municipality on 19 January, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No. 1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 11 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Mass Empowerment and Guidance Association
...Applicant(s)
Verses
The Kayalpattinam Municipality
And Others.
....Respondent(s)
Date of hearing: 19.01.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): M/s. A. Yogeshwaran
For Respondent(s): Sri. Abdul Saleem and
Sri. Saravanan for R1
Sri. C. Kasirjan through
M/s. Meena for R2
ORDER
1. The above application has been filed by the applicant for the disposal of the legacy waste that has been in existence which has been dumped by the first respondent Municipality in S. No. 43/1, 1 Kayalpattinam south revenue village at Papparapalli area, Kayalpattinam and restore the same to its original position and assess the environmental compensation for the damage caused to the environment. On the ground that the first respondent Municipality is dumping Municipal Solid Waste in this dump site against the provisions of Solid Waste Management Rules, 2016 and without getting necessary permission from the authorities. Currently, they have abandoned the same, but no steps have been taken for disposal of the legacy waste that is dumped in that area thereby causing serious environmental damage, which prompted the applicant to file the application seeking the following reliefs:-
a. Direct the respondent to forthwith remediate the existing legal dumpsite of the 1st respondent in and around S. No. 43/1, Kayalpattinam south revenue village at Papparapalli area, Kayalpattinam and restore the area to its original State, including rendition of soil and groundwater.
b. Direct the payment of compensation for environmental harm on account of the violation committed by the 1st respondent and suffered by the people in the vicinity.
c. Direct respondent No.2 to prosecute the 1st respondent for violation of the water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution), Act, 1981, Municipal Solid Wastes Management and Handling Rules, 2000, Environment Impact 2 Assessment Notification, 2006 and Solid Waste Management Rules 2016.
2. When the matter came up for hearing for admission today through Video Conference, Sri. A. Yogeshwaran represented the applicant. Sri. Abdul Saleem and Sri. Saravanan represented 1st respondent and Sri. C. Kasirajan through M/s. Meena represented 2nd respondent. So service is complete.
3. On going through the allegations in the application, we are satisfied that there arises a substantial question of environment which requires the interference of this Tribunal for resolving the same. So, the application is admitted.
4. In respect of the similar issue regarding the non- implementation of Solid Waste Management Rules, 2016 the same applicant had filed another case as O. A. No. 50 of 2016 which is pending before of this Tribunal. In that case we have constituted a joint committee comprising of the District Collector, Tuticorin District, The Tamil Nadu Pollution Control Board (TNPCB), Commissioner, Kayalpattinam Municipality to assess the status regarding the implementation of Solid Waste Management Rules, 2016 in that Municipality and if there is any damage caused to assess the environmental compensation as has been directed by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018.
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5. So considering the circumstances, we feel that instead of appointing a separate committee, the same committee can go into the question and submit a factual as well as action taken report, if there is any violation found.
6. The same committee in O. A. No. 50 of 2016 is directed to ascertain the nature of dump, the quantity of legacy waste lying there, steps taken by the Municipality for disposal of the legacy waste, damage if any, caused to the environment including soil and groundwater, on account of the untreated legacy waste being kept there for long time and if there is any contamination caused to the soil as well as groundwater on account of leacheate, the remedial measures to be taken for rectifying the same and also to prepare an action plan for disposal of the legacy waste within shorter time frame, so as to redress the grievance permanently.
7. The Tamil Nadu Pollution Control Board (TNPCB) will act as the nodal agency for co-ordination and for providing necessary logistics for this purpose
8. Since there is already a case pending in respect of implementation of Solid Waste Management Rules, 2016 in Kalaypattinam Municipality, as O.A. No. 50 of 2016, we feel that this case also can be tagged along with O.A. No. 50 of 2016, so that the entire issues regarding effective 4 implementation of Solid Waste Management Rules, 2016 in Kayalpattinam Municipality can be looked into and the issue regarding non-disposal of the legacy waste, wherever it was dumped can also be considered and all these cases can be disposed of by a common judgement.
9. The committee is directed to consider these aspects also and file a consolidated report in O.A. No. 50 of 2016 so that all these issues can be considered together and appropriate directions can be issued.
10. The applicant is directed to serve a copy of the application to the members of the committee within a week.
11. The applicant is also directed to serve a copy of the application to the standing counsel appearing for the respondents within a week.
12. The committee is directed to submit the report to this Tribunal along with O.A. No. 50 of 2016 on or before 12.02.2021, by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
13. The Registry is directed to communicate this order to the members of the committee appointed by this Tribunal in O. A. No. 50 of 2016 as well as the official respondent's along with 5 the copy of the application immediately thorough e-mail, so as to enable them to comply with the direction and for filing their independent response to the allegations made in the application and also for filing their independent report as directed by this Tribunal.
14. For appearance of parties and consideration of report and also for filing independent responses along with O.A. No. 50 of 2016, post on 12.02.2021.
..................................J.M. (Justice K. Ramakrishnan) .................................E.M. Shri. Saibal Dasgupta) O. A. No.11/2021, (SZ) 19th January, 2021. Sr. 6