National Green Tribunal
S. Paul Raj S/O Mr.Silvester vs The Commissioner on 28 March, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.13 to 16:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 11 of 2021 (SZ)
With
Original Application No. 12 of 2021 (SZ)
With
Original Application No. 50 of 2016 (SZ)
With
Appeal No.57 of 2021 (SZ)
IN THE MATTER OF:
Mass Empowerment and
Guidance Association ... Applicant(s)
Versus
The Kayalpattinam Municipality and Ors.
...Respondent(s)
With
Mass Empowerment and
Guidance Association ... Applicant(s)
Versus
The Kayalpattinam Municipality and Ors.
...Respondent(s)
With
S. Paul Raj ... Applicant(s)
Versus
The Commissioner,
Kayalpattinam Municipality,
Tuticorin District & Anr. ...Respondent(s)
With
Page 1 of 30
The Commissioner,
Kayalpattinam Municipality,
Thoothukudi District. ... Appellant (s)
Versus
The Chairman,
TNPCB, Chennai & Anr. ...Respondent(s)
Date of hearing: 28.03.2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
O.A. No. 11 of 2021 (SZ)
For Applicant(s): Mr. A. Yogeshwaran.
For Respondent(s): Mr. Abdul Saleem and Mr. S. Saravanan for R1.
Mr. S. Sai Sathya Jith for R2.
O.A. No. 12 of 2021(SZ)
For Applicant(s): Mr. A. Yogeshwaran.
For Respondent(s): Mr. Abdul Saleem and Mr. S. Saravanan for R1.
Dr. D. Shanmuganathan for R2 & R4.
Mr. S. Sai Sathya Jith for R3.
O.A. No. 50 of 2016(SZ)
For Applicant(s): Mr. A. Yogeshwaran.
For Respondent(s): Mr. Abdul Saleem and Mr. S. Saravanan for R1.
Mr. S. Sai Sathya Jith for R2.
Page 2 of 30
Appeal No.57 of 2021(SZ)
For Appellant (s): Mr. Abdul Saleem and
Mr. S. Saravanan.
For Respondent(s): Mr. S. Sai Sathya Jith for R1 & R2.
ORDER
1. As per order dated 09.02.2022, this Tribunal had considered the order passed on 18.11.2021 and extracted in Para (1) of the order and then, passed the following order:-
―3. The learned counsel appearing for the State Pollution Control Board submitted that they want some more time for finalizing and submitting the Joint Committee as well as independent report as directed by this Tribunal.
4. The parties who have not filed their reply statement in all these matters are directed to file the same within a period of 3 (Three) Weeks from today and if they did not file the statement within that time, they are directed to pay a cost of Rs.10,000/- (Rupees Ten Thousand only) each to the Tami Nadu State Legal Services Authority and produce the receipt of the same along with the counter and this amount has to be paid out of their own fund and not from the State exchequer.
5. The Joint Committee as well as the State Pollution Control Board are directed to file their respective reports and the parties are directed to complete their pleadings on or before 08.03.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules and get ready with the matter for hearing on the next hearing.
6. If the Joint Committee did not file the report before 08.03.2022, then the committee members are directed to appear before this Tribunal to show cause as to why action should not be taken against them for non-
compliance of the directions issued by this Tribunal as contemplated under Section 26 and 28 of the National Green Tribunal Act, 2010.
7. The Registry is directed to communicate this order to the members of the Joint Committee, official respondents in all these cases, State Pollution Control Board including the Chief Secretary - State of Tamil Nadu by e-mail for their information and compliance of directions.‖ Page 3 of 30
2. The case was originally posted to 08.03.2022 for completion of pleadings, consideration of report and action taken report to be filed by the State Pollution Control Board and also for hearing. On 08.03.2022, it was adjourned to today by notification.
3. In O.A. No.11/2021, the Tamil Nadu Pollution Control Board through the 2nd Respondent has filed a report in the form of an affidavit dated 07.03.2022, e-filed on the same date which reads as follows:-
"AFFIDAVIT FILED BY THE 2nd RESPONDENT, DISTRICT ENVIRONMENTAL ENGINEER, TAMIL NADU POLLUTION CONTROL BOARD, THOOTHUKUDI.
I, S. Sathiaraj, son of Thiru. T. Sundaram, aged 56 years, having office at C7 & C9, SIPCOT Industrial Complex, Meelavittan, Thoothukudi - 628 008, do hereby solemnly affirm and sincerely submit this affidavit as follows:
It is respectfully submitted that I am the second respondent in O.A. No. 11 of 2021.
It is respectfully submitted that The Hon'ble NGT (SZ) in its order dated 19.01.2021 in O.A. No. 11 of 2021 directed the same committee constituted in 0.A. No. 50 of 2016 "to ascertain the nature of dumps, the quantity of legacy waste lying there, step taken by the municipality for the disposal of the legacy waste, damage if any, caused to the environment including soil and ground water, 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 ground water on account of leachate, 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."Page 4 of 30
Further, it is respectfully submitted that The Hon'ble NGT (SZ) in its order dated 09.02.2022 in O.A. No. 11 of 2021, O.A. No. 12 of 2021, O.A. No. 50 of 2016 and in Appeal. No. 57 of 2021 has issued the following direction:
'The parties who have not filed their reply statement in all these matters are directed to file the same within a period of 3 weeks (Three) weeks from today (09.02.2022) and if they did not file the statement within that time they are directed to pay a cost of Rs. 10000/- each to TN Legal services Authority and produce the receipt of the same along with counter and this amount has to be paid out of their own fund and not from the state exchequer'.
It is respectfully submitted that, as per the above direction of the Hon'ble NGT the following independent report is submitted by the District Environmental Engineer, Tamil Nadu Pollution Control Board, Thoothukudi (2nd respondent) in O.A. No. 11 of 2021.
It is respectfully submitted that, Thiru. Mohammed Salihu, Secretary of Mass Empowerment and Guidance Association, Kayalpattinam has filed this O.A. No. 11 of 2021 regarding the illegal dumping of the Municipal solid wastes by the Kayalpattinam Municipality in and around S.F. No. 43/1 of Kayalpattinam South village at Papparapalli area in Kayalpattinam Municipality. Thiru. Mohammed Salihu (applicant) in his affidavit has stated as follows:
Illegal dumping of waste by Kayalpattinam Municipality in and around S.F.No. 43/1, Kayalpattinam Municipality South Village at Papparapalli in Kayalpattinam Municipal area for the past 40 years, due to which there is significant impact on the environment and on the people in the vicinity. The area is surrounded by residences, municipal slaughter house, TNEB substation etc., The dumping of wastes was stopped at the site since, 2016. During rains leachate from the waste flows on to the roads and to the surrounding causing severe nuisance and pollution.
The waste is also set to fire occasionally causing severe air pollution. An exhaustive study has to be conducted to assess the extent of contamination of soil, water etc., by a competent 3rd party and necessary remediation plan has to be evolved and implemented.Page 5 of 30
For the above said reasons the applicant has prayed the Hon'ble NGT to direct the respondent municipality to remediate the existing legacy waste dumpsite and to direct the municipality to pay environmental compensation.
It is respectfully submitted that already the Tamil Nadu Pollution Control Board (TNPCB) vide Proceedings No. TNPCB/ LAW / LAIII / NGT / 007187 / 2016 dt.18.11.2020 issued directions imposing Rs. 14 lakhs as interim Environmental Compensation to the Municipality for the period from April 2020 to October 2020 (Rs. 1 lakh/month) for non-compliance of the Municipal Solid waste Management Rules and for not commencing the work of legacy waste remediation process and the Municipality is liable to remit the Environmental compensation till the compliance of the directions issued by TNPCB. Further, it is respectfully submitted that the Municipality has not yet remitted the interim Environmental Compensation imposed by TNPCB and also not yet started the Bio-mining works as directed by TNPCB.
It is respectfully submitted that, the dumpsite located at Papparapalli in S.F.No. 43/1, Kayalpattinam Municipality South Village was inspected by the District Environmental Engineer, Tamil Nadu Pollution Control Board, Thoothukudi on 26/02/2022 and the following report is submitted:
The municipal solid waste dumpsite located at Papparapalli in S.F.No. 43/1, Kayalpattinam Municipality South Village was found to be measuring 1.82 acres. The land is owned by Revenue Department.
No fresh municipal solid waste was found at the dumpsite and the municipal solid waste at the dump site was found to be bio-minable waste/legacy waste.
The total quantity of the accumulated legacy waste at the dump site was reported to be about 19960 m by volume as per the revised estimate.
The dumping of waste was reported to have been stopped at the site by the Municipality since 2016.
Residential houses are found to be located at a distance of about 65 meters away from the dumpsite and the Municipality slaughter house is located adjacent to the dumpsite. Also, the TNEB substation was found to be located at a distance of about 75 meters away from the dump site.Page 6 of 30
Kayalpattinam to Arumuganeri LF road is located adjacent to the unit.
The dumpsite is located outside the CRZ area. During inspection the waste at the dump site was not found to be in burnt condition.
The Municipality submitted proposal for Bio-mining of this dump site (at an estimated Project cost of Rs. 160 lakhs) to the Director of Municipal Administration, Chennai through the Regional Director of Municipal Administration Tirunelveli vide RC No. 1469/2018A2 Dt. 24/08/2021 and the proposal is yet to be approved.
It is respectfully submitted that in order to assess the extent of damage caused to the ground water at the dump site, ground water samples 4- Nos have been collected from the wells located near the dump site on 30.07.2021 and sent for analysis at the TNPCB lab. The Report of Analysis of the water samples is enclosed herewith.
During inspection it was noticed that ground water was available in the area surrounding the dumpsite at a depth of about 10 feet depth below ground level. The Report of analysis of the above water samples shows the presence of high TDS, Chlorides and sulphates in the water samples which may be due to the sea water intrusion. The presence of high TDS, Chlorides and sulphates in the water samples shows that the ground water is already unfit for drinking purpose owing to the sea water intrusion.
It is respectfully submitted that, the extent of damage caused to the soil at the dump site can be assessed by analysing the soil sample at the dump site only after the bio mining of the dumpsite is completed.
Under these circumstances, it is humbly prayed that the Hon'ble NGT may be pleased to pass appropriate orders as the Hon'ble NGT may consider deem fit and proper on the facts and circumstances of the case.‖
4. In O.A. No.12/2021, the 2nd Respondent/District Collector has filed an affidavit dated 01.03.2022, e-filed on 03.03.2022 which reads as follows:-
"AFFIDAVIT FILED BY THE 2nd RESPONDENT, DISTRICT COLLECTOR, THOOTHUKUDI.Page 7 of 30
I, Dr. K. SENTHIL RAJ, I.A.S., Son of Thiru. S. Krishnan, aged about 36 years, residing at Door No. 250, Collector's Bungalow, Thoothukudi and working as District Collector and District Magistrate, Thoothukudi District, hereby solemnly affirm and sincerely state as follows.
It is respectfully submitted that I am the second respondent in O.A. No. 12 of 2021.
It is respectfully submitted that The Hon'ble NGT (SZ) in its order dated. 19.01.2021 in O.A. No. 12 of 2021 has directed the same committee that has been constituted in 0.A. No. 50 of 2016 to inspect the area and to submit a factual as well as action taken report if there is any violation found, and submit the consolidated report in O.A. No. 50 of 2016 instead of filling independent reports, so that all these connected issues can be considered together and appropriate directions can be issued and dispose of the causes by a common judgement.
The Hon'ble NGT (SZ) also directed the committee to consider the question of violation of CRZ Notification in respect of establishment of micro compost yard in the allotted place by the first respondent municipality and if there is any violation found, what is the nature of action taken by the authorities in respect of the same and to submit the report to the Hon'ble Tribunal along with O.A. No. 50 of 2016.
Further, it is respectfully submitted that The Hon'ble NGT (SZ) in its order dated 09.02.2022 in 0.A. No. 11 of 2021, 0.A. No. 12 of 2021, 0.A. No. 50 of 2016 and in Appeal. No. 57 of 2021 has issued the following direction:
The parties who have not filed their reply statement in all these matters are directed to file the same within a period of 3 weeks (Three) weeks from today (09.02.2022) and if they did not file the statement within that time they are directed to pay a cost of Rs. 10000/- each to TN Legal services Authority and produce the receipt of the same along with counter and this amount has to be paid out of their own fund and not from the state exchequer'.
It is respectfully submitted that, as per the above direction of the Hon'ble NGT the following independent report is submitted by the District Collector, Thoothukudi (2nd respondent) in O.A. No. 12 of 2021.Page 8 of 30
It is respectfully submitted that, Thiru. Mohammed Salihu, (applicant) in his affidavit has stated as follows:
• The Kayalpattinam Municipality has constructed a structure to function as micro compost yard inside the inter tidal Zone of the CRZ in beach poramboke la partially blocking a natural drainage outlet into sea called the keerikulam.
• The waste disposal (or) processing facilities cannot be setup inside the CRZ area as they are prohibited under the CRZ notification 2011.
Hence, the applicant prayed the Hon'ble NGT to issue direction to forthwith demolish this illegal structure.
It is respectfully submitted that, based on the inspection of the site the following report is submitted:
• The micro compost yard (on-site compost centre) is located in the un-surveyed poramboke land near the sea shore.
• The micro compost yard (on-site compost centre) consists of a shed with aluminium sheet roof and is measuring 15 meters x 6 meters in size.
• The processing capacity of the micro compost yard (on-site compost centre) is 0.50 MT/day.
• The micro compost yard (on-site compost centre) is reported to have been established exclusively to process the municipal solid wastes generated in the beach area.
• The micro compost yard (on-site compost centre) has been constructed during the year 2018 at a cost of Rs. 7 lakhs and is yet to be commissioned/yet to be put into operation.
• The micro compost yard (on-site compost centre) is located within CRZ area.
• The exact location of the micro compost yard (on-site compost centre) within the CRZ area (as to whether the site is located in between HTL and LTL or is located outside the. HTL) can be identified/known only if the Project layout is super imposed on the CRZ map indicating HTL and LTL demarcated by one of the Authorized agency in 1:4000 scale.
The Municipality has submitted the application for CRZ clearance for this micro compost yard (on-site compost centre) on 29.07.2021. The Page 9 of 30 application submitted by the Municipality was returned for want of the following additional particulars:
a) Application in the prescribed format (Form 1) - 8 copies.
b) CRZ map indicating HTL and LTL demarcated by one of the Authorized agency in 1:4000 scale - 8 copies.
c) Project layout super imposed on the above map indicated at (b) above - 8 copies.
d) Copy of Project report - 8 copies.
The unit has not yet resubmitted the application along with the additional particulars. On receipt of the additional particulars and the application the subject will be placed before the District Coastal Zone Management Authority meeting and decision will be taken on the further course of action.
Under these circumstances, it is humbly prayed that the Hon'ble NGT may be pleased to pass appropriate orders as the Hon'ble NGT may consider deem fit and proper on the facts and circumstances of the case.‖
5. In O.A. No.12/2021, the 3rd Respondent on behalf of the State Pollution Control Board also filed a report in the form of an affidavit dated 07.03.2022, e-filed on 08.03.2022 which reads as follows:-
"AFFIDAVIT FILED BY THE 3rd RESPONDENT, DISTRICT ENVIRONMENTAL ENGINEER, TAMIL NADU POLLUTION CONTROL BOARD, THOOTHUKUDI.
I, S. Sathiaraj, son of Thiru. T. Sundaram, aged 56 years, having office at C7 & C9, SIPCOT Industrial Complex, Meelavittan, Thoothukudi - 628 008, do hereby solemnly affirm and sincerely submit this affidavit as follows:
It is respectfully submitted that I am the third respondent in O.A. No. 12 of 2021.Page 10 of 30
It is respectfully submitted that The Hon'ble NGT (SZ) in its order dated. 19.01.2021 in 0.A. No. 12 of 2021 has directed the same committee that has been constituted in O.A. No. 50 of 2016 to inspect the area and to submit a factual as well as action taken report if there is any violation found, and submit the consolidated report in O.A. No. 50 of 2016 instead of filling independent reports, so that all these connected issues can be considered together and appropriate directions can be issued and dispose of the causes by a common judgement.
The Hon'ble NGT (SZ) also directed the committee to consider the question of violation of CRZ Notification in respect of establishment of micro compost yard in the allotted place by the first respondent municipality and if there is any violation found, what is the nature of action taken by the authorities in respect of the same and to submit the report to the Hon'ble Tribunal along with O.A. No. 50 of 2016.
Further, it is respectfully submitted that The Hon'ble NGT (SZ) in its order dated 09.02.2022 in O.A. No. 11 of 2021, O.A. No. 12 of 2021, O.A. No. 50 of 2016 and in Appeal. No. 57 of 2021 has issued the following direction:
'The parties who have not filed their reply statement in all these matters are directed to file the same within a period of 3 weeks (Three) weeks from today (09.02.2022) and if they did not file the statement within that time they are directed to pay a cost of Rs. 10000/- each to TN Legal services Authority and produce the receipt of the same along with counter and this amount has to be paid out of their own fund and not from the state exchequer".
It is respectfully submitted that, as per the above direction of the Hon'ble NGT the following independent report is submitted by the District Environmental Engineer, Tamil Nadu Pollution Control Board, Thoothukudi (3rd respondent) in 0.A. No. 12 of 2021.
It is respectfully submitted that, Thiru. Mohammed Salihu, (applicant) in his affidavit has stated as follows:
• The Kayalpattinam Municipality has constructed a structure to function as micro compost yard inside the inter tidal Zone of the CRZ in beach poramboke land partially blocking a natural drainage outlet into sea called the keerikulam.Page 11 of 30
•The waste disposal (or) processing facilities cannot be setup inside the CRZ area as they are prohibited under the CRZ notification 2011.
Hence, the applicant prayed the Hon'ble NGT to issue direction to forthwith demolish this illegal structure.
It is respectfully submitted that, the micro compost yard (on-site compost centre) was inspected by the District Environmental Engineer, Tamil Nadu Pollution Control Board, Thoothukudi on 28/02/2022 and the following report is submitted:
• The micro compost yard (on-site compost centre) is located in the un-surveyed poramboke land near the sea shore.
•The micro compost yard (on-site compost centre) consists of a shed with aluminium sheetroof and is measuring 15 meters x 6 meters in size.
•The processing capacity of the micro compost yard (on-site compost centre) is 0.50 MT/day.
•The micro compost yard (on-site compost centre) is reported to have been established exclusively to process the municipal solid wastes generated in the beach area.
•The micro compost yard (on-site compost centre) has been constructed during 2018 at a cost of Rs. / lakhs and is yet to be commissioned/ yet to be put into operation.
•The micro compost yard (on-site compost centre) is located within CRZ area. The exact location of the micro compost yard (on-site compost centre) within the CRZ area (as to whether the site is located in between HTL and LTL or is located outside the HTL) can be identified/known only if the Project layout is super imposed on the CRZ map indicating HTL and LTL demarcated by one of the Authorized agency in 1:4000 scale.
• The Municipality has submitted the application for CRZ clearance for this micro compost yard (on-site compost centre) on 29.07.2021. The application submitted by the Municipality was returned for want of the following additional particulars:
a) Application in the prescribed format (Form I) - 8 copies.
b) CRZ map indicating HTL and LTL demarcated by one of the Authorized agency in 1:4000 scale - 8 copies.
c) Project layout super imposed on the above map indicated at (b) above - 8 copies.Page 12 of 30
d) Copy of Project report - 8 copies.
The unit has not yet resubmitted the application along with the additional particulars. On receipt of the additional particulars and the application the subject will be placed before the District Coastal Zone Management Authority meeting and decision will be taken on the further course of action.
Under these circumstances, it is humbly prayed that the Hon'ble NGT may be pleased to pass appropriate orders as the Hon'ble NGT may consider deem fit and proper on the facts and circumstances of the case.‖
6. In O.A. No.12/2021, the Tamil Nadu State Coastal Zone Management Authority/4th Respondent has filed their reply affidavit which reads as follows:-
"REPLY AFFIDAVIT FILED BY THE 4th RESPONDENT I, P.Rajeswari, I.F.S, W/o P.Singaiah about 58 years and having office at Ground Floor, Panagal Buildings, Saidapet, Chennai - 600 015 solemnly affirm and sincerely state as follows.
1. I humbly submit that I am the Director, Department of Environment and also the Member Secretary, Tamil Nadu State Coastal Zone Management Authority and I am well acquainted with the facts of the case from the records available and I am filing this reply in my official capacity on behalf of 4th respondent.
2. I humbly submit that the applicant requested to direct the respondents No.2 to 4 to forthwith demolish the illegal structure constructed at in CRZ area at Beach Poramboke land in the intertidal zone at Kayalpattinam South village remove the debris and restore the area to its previous pristine state Page 13 of 30 direct the payment of compensation for environmental harm on account of the violation committed by the 1"t respondent and suffered by the applicant direct respondents 2-4 to prosecute the 1"t respondent for violation of the CRZ notification, 2OLl.
3. I humbly submit that the Ministry of Environment and Forests, GoI have promulgated CRZ Notification 2oll, S.O. No 19(E) on 06.01 .2OlL, (in supersession of CRZ Notification 1991). In the said notification, classification of different coastal zones are stipulated as follows.
5. I humbly submit that the issues with reference to the discharge of untreated waste and effluents from industries, cities or towns and other human settlements and dumping of city or town wastes including construction debris, industrial solid wastes are vested with the Tamil Nadu Pollution Control Board, Municipal Administration and Water Supply Department, Revenue Department, Department of Town Panchayats and the local bodies concerned, as they are only the concerned authorities.
6. I humbly submit that a representation was received from Mass Empowerment and Guidance Association (MEGA), Kayalpattinam on illegal construction of Micro compost centre at the Coastal area of Kayalpattinam Municipality, Thoothukudi district and a copy of the representation was sent to the District Collector, Thoothukudi district and District Environmental Engineer, TNPCB, Thoothukudi, for taking action, vide this office letter No. Pl /2300/2020 dated 02.11.2020.
7. I humbly submit that the Government of Tamil Nadu constituted District Coastal Zone Management Authorities (DCZMA) for all the Coastal districts in G.O.Ms.No.163, Environment and Forests Department dated 09.06.1998. The District Environmental Engineer of the Tamil Nadu Pollution Control Board is the Convener of the District Coastal Zone Management Authority and is the appropriate authority to take action in this regard.
8. I humbly submit that the DCZMAs are entrusted with the following responsibilities, in their respective jurisdictions, as per the said G.O. Page 14 of 30
a) CRZ-I areas viz., Mangroves, corals and coral reefs and associated biodiversity, sand Dunes, Mudflats which are biologically active, National parks, marine parks, sanctuaries, reserve forests, wildlife habitats and other protected areas, Salt Marshes, Turtle nesting grounds, Horse shoe crabs habitats, Sea grass beds, Nesting grounds of birds, areas or structures of archaeological importance and heritage sites and the area between the Low Tide Line and the High Tide Line
b) CRZ-II areas viz., the areas that have been developed upto or close to the shoreline.
c) CRZ-III areas viz., area that are relatively undisturbed and those do not belong to either CRZ-I or II which include coastal zone in the rural area (developed and undeveloped) and also area within the municipal limits or in other legally designated urban area, which are not substantially built- up.
d) CRZ-IV area viz., the water area from the Low Tide Line to twelve nautical miles on the seaward side and also the water area of the tidal influenced water body from the mouth of the water body at the sea upto the influence of tide which is measured as five parts per thousand during the driest season of the year.
4. I humbly submit that, according to the Clauses (vi) & (vii) of Para 3 of the CRZ Notification, 2011 (i) discharge of untreated waste and effluents from industries, cities or towns and other human settlements and
(ii) dumping of city or town wastes including construction debris, industrial solid wastes have been declared as prohibited in the CRZ area. The concerned authorities should implement schemes for phasing out such existing practice if any.
a) to be responsible for monitoring and enforcement/Implementation of the provisions of the Coastal Regulation Zone Notification.
b) to ensure that the activities within Coastal Regulation Zone take place as per the approved Management Plan.
c) to advice the State Government on any matter relating to protection and control of pollution in Coastal areas.
Page 15 of 30d) to act as an Authority under Sec. 4 of Coastal Regulation Zone Notification, 1991 dated 19.O2.1991 for taking action on Coastal Regulation Zone Plan violations.
9. I humbly submit that O.A.No.278 of 2017 filed before the Hon'ble NGT (SZ) filed by Thiru. John Fernandez, Kanyakumari district against the establishment and operation of the Unit of M/s. Nanjil Sea Food located at Mulluthurai, Araiyanthoppu, Kanyakumari district and the Hon'ble NGT (SZ) order dated 09.09.2021 directed to demolish the unauthorized construction. Based on the order, the District collector, Kanyakumari district has directed the Asst. Director of Village Panchayat, Nagercoil to take necessary action for demolishing the building as per the decisions taken by the DCZMA for Kanyakumari district in the 90ft meeting held on 02.12.2021
10. I humbly submit that as the Application is also a similar case, the District Collector of Thoothukudi District may be directed to take appropriate action on demolition of illegal construction, in the capacity of the Chairman of the DCZMA.
It is therefore humbly prayed that this Hon'ble Tribunal may be pleased to pass appropriate orders as this deem fit and thus render justice.‖
7. In O.A. No.50/2016, the District Collector - Thoothukudi has filed an action taken report, e-filed on 02.03.2022 which reads as follows:-
"Action taken report submitted by the District Collector, Thoothukudi.
It is respectfully submitted that the Hon'ble National Green Tribunal (SZ) in its order Dated: 12.01.2021 has issued the following direction.
―The District Collector being an officer responsible to implement the Solid Waste Management Rules as required under Rule 12 of the said Rule is directed to look into the issue and come with a proper action taken Page 16 of 30 report against the municipality for non implementation of the same which is within his jurisdiction as District Magistrate apart from submitting the report to this Tribunal as a Committee member"
It is respectfully submitted that as per the above order of the Hon'ble National Green Tribunal (SZ), the following action taken report is submitted.
It is respectfully submitted that already Environmental Compensation to the tune of Rs. 14 lakhs has been imposed as interim Environmental Compensation to the compliance of the Municipal Solid waste Management Rules and for not commencing the work of legacy waste remediation process and the Municipality is liable to remit the Environmental compensation till the compliance of the directions issued by TNPCB. Subsequent to the imposition of the Environmental Compensation to the Municipality, the Municipality has taken the following corrective measures:
The municipality has taken steps for bio-mining the old dump site located at Papparapalli. The Municipality submitted proposal for Bio- mining of the dump site (at an estimated Project cost of Rs. 160 lakhs) to the Director of Municipal Administration, Chennai and the proposal is under consideration of the Govt.
All the composting centres are operated efficiently and the compost obtained is sold to farmers.
The municipality is taking steps to operate the Bio-methanation cum power generation plant.
It is respectfully submitted that the Municipality has constructed a micro compost yard (on-site compost centre) in the un-surveyed poramboke land near the sea shore It is respectfully submitted that the micro compost yard (on-site compost centre) has been constructed exclusively to process the municipal solid wastes generated in the area and the processing capacity of the micro compost yard (on-site compost centre) is 0.50 MT/day only. The micro compost yard (on-site compost centre) consists of a shed with aluminium sheet roof and is measuring 15 meters x 6 meters in size. The micro compost yard (on-site compost centre) is yet to be commissioned/yet to be put into operation. The micro compost yard (on-site compost centre) is located within CRZ area. However, the exact location of the micro compost Page 17 of 30 yard (on-site compost centre) within the CRZ area (as to whether the site is located in between HTL and LTL or is located outside the HTL) can be identified/known only if the Project layout is super imposed on the CRZ map indicating HTL and LTL demarcated by one of the Authorized agency in 1:4000 scale.
It is respectfully submitted that the Municipality has submitted the application for CRZ clearance for this micro compost yard (on-site compost centre) on 29.07.2021. The application submitted by the Municipality was returned for want of the following additional particulars:
a) Application in the prescribed format (Form 1) - 8 copies.
b) CRZ map indicating HTL and LTL demarcated by one of the Authorized agency in 1:4000 scale - 8 copies.
c) Project layout super imposed on the above map indicated at (b) above - 8 copies.
d) Copy of Project report - 8 copies.
It is respectfully submitted that the Municipality is yet to resubmit the application along with the additional particulars. On receipt of the additional particulars and the application the subject will be placed before the District Coastal Zone Management Authority meeting and decision will be taken on the further course of action against the micro compost yard.‖
8. The Joint Committee has filed a combined report in all these cases viz., O.A. Nos.11/2021, 12/2021, and 50/2016 (SZ) signed by some of the officers with date 04.03.2022, e-filed on 07.03.2022 which reads as follows:-
"Final report of the Joint Committee constituted vide Hon'ble NGT(SZ) order dated 09.01.2020 & 28.02.2020 in O.A. No. 50 of 2016 and in O.A. No. 11 of 2021 and in O.A. No. 12 of 2021 .
Date of inspection of the Joint committee: 04/03/2022 Page 18 of 30 I. Final Report of the Joint Committee in O.A. No. 50 of 2016 (S. Paul Raj vs The Commissioner, Kayalpattinam Municipality, Tuticorin District and others) Thiru. S. Paulraj of Kombuthurai in Kayalpattinam Municipality has filed this O.A. No. 50 of 2016 against the Commissioner, Kayalpattinam Municipality, Thoothukudi District and the District Environmental Engineer, TN Pollution Control Board, Thoothukudi regarding the illegal and unscientific disposal of the Municipal solid wastes by the Kayalpattinam Municipality in violation of the Municipal Solid Wastes (Management and Handling) Rules- 2000, the Water(Prevention and Control of Pollution) Act-1974 and Air(Prevention and Control of Pollution) Act- 1981. Thiru. S. Paulraj in his affidavit has stated that the Kayalpattinam Municipality is dumping the municipal solid wastes on lands in S.F. No. 278/1B of Kayalpattinam South Village and has not established any facility to process the waste leading to contamination of soil, ground water and also resulting in fly and mosquito infestation and hence prayed the Hon'ble NGT to direct the Kayalpattinam Municipality to remove the waste dumped at S.F. No. 278/1B of Kayalpattinam South Village.
The Hon'ble NGT(SZ), Chennai in its order dated. 09.01.2020 had constituted a Committee consisted of (1) District Collector, Tuticorin (2) Tamil Nadu Pollution Control Board and (3) Commissioner, Tuticorin Municipality to inspect the area in question and submit the present status of the dumping ground and also regarding implementation of the Solid Waste Management Rules, 2016, as directed by the Principal Bench of the National Green Tribunal in O.A. No. 606 of 2018 and if there is any violation, what is the action taken by the Tamil Nadu Pollution Control Board in this regard, including imposition of environmental compensation on the municipality for non-compliance, as directed by the National Green Tribunal, Principal Bench, New Delhi and submit a status and action taken report within a p e r i o d o f one month before this tribunal by e-mail @ [email protected]. Tamil Nadu Pollution Control Board will be nodal agency for this purpose.
Subsequently, the Hon'ble NGT (SZ), Chennai in its order dated 28.02.2020 in O.A. No. 50 of 2016 substituted the Commissioner, Page 19 of 30 Kayalpattinam Municipality instead of Commissioner / Tuticorin Municipality in the Committee In compliance to the Hon'ble NGT (SZ) orders, a Joint Committee was formed with the following members to inspect the Kayalpattinam Municipality Municipal Solid Waste Management sites / areas and to submit the status report:
1. The RDO, Tiruchendur, Thoothukudi District (representing the District Collector, Thoothukudi District)
2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Thoothukudi (representing Tamil Nadu Pollution Control Board)
3. The Commissioner, Kayalpattinam Municipality, Kaylapattinam, Thoothukudi District.
The Joint Committee visited the Kayalpattinam Municipality solid wastes processing sites/ area and existing dumpsites on 18.08.2020 and submitted the report along with the action taken by the Tamil Nadu Pollution Control Board to impose Environmental Compensation on the Kayalpatt inam Muni ci palit y f or non - com pli ance of th e S o lid Wastes Management Rules, 2016.
The Joint Committee again visited the Kayalpattinam Municipality solid wastes processing sites/ area and existing dumpsites on 04.03.2022 and the following final report is submitted with respect to the present status of the municipal solid wastes management in Kayalpattinam Municipality:
Observation made by the Joint Committee during the visit on 04/03/2022.
Kayalpattinam Municipality located in Tiruchendur Taluk of Thoothukudi District is a 2nd grade Municipality having population of 55450 (midyear population 2018). The Municipality has 18 wards. Total Municipal Solid Wastes generation is about 14.00 MT per day (including bio- degradable and non-bio -- degradable wastes). Out of this, the bio- degradable wastes are about 10.5MT per day. Remaining wastes are non-bio
-- degradable wastes.Page 20 of 30
For processing the bio- degradable wastes the Municipality has provided two numbers of Micro Composting Centers (MCC) of each 3 MT per day capacity and one Onsite Composting Center (OCC)of 0.5 MT per day capacity. Apart from this, the Municipality has provided one Bio- methanationcum --power generation plantfor processing the bio -- degradable wastes.The present operating status of these plants is given below:
MCC- 1 (Micro Composting Center- 1) This Micro Composting Center is located at Kadayakudi at S.F. No. 278/1B of Kayalpattinam south village in Kayalpattinam Municipality area. The maximum processing capacity of this MCC-1 is 3 MT per day (as per design). This MCC-1 is in operation and about 2.50 MT to 2.8 MT per day of bio -- degradable wastes are being processed at present in this MCC-1. The final compost is being sieved using a mechanical sieve. The compost obtained was reported to be sold to farmers. Composting performance was found to be good.
In this MCC1 facility, one number of Mechanical sieve (for sieving the compost), one number of Baling machine (for making the segregated plastic wastes into bales/bundles) and two numbers of shredding machines (for shredding the over-size wastes) have been installed. All these machineries are in working condition.
About 3 to 4 Tons of the segregated plastics waste was found stored within the premises (partly on open ground and partly inside a closed building). The Municipality has to take steps to dispose these segregated plastic wastes to cement factories.
The Municipality has installed CCTV cameras in the campus of this Micro Composting Center. Also, water taps have been installed in this Micro Composting Center to be utilized for firefighting purpose in case of any fire accident at this center.
Authorization has been granted to operate this MCC -- 1 by TNPCB vide Authorization No. SWM/ 001-TTN/ 2019 dated 22.04.2019 (Proc. No. F.No.001/JCEE(M)/TNPCB/ TNV/ SVVM/TTN/2019. Dated: 22. 04.2019).
MCC-2 (Micro Composting Center-2) This Micro Composting Center is located at Sivan Kovil Street, in Kayalpattinam Municipality (at S.F. No. 392/5 of Kayalpattinam Municipality). The maximum processing capacity of this MCC-2 is 3 MT per Page 21 of 30 day (as per design). This MCC-1 is in operation and about 1 MT per day of bio -- degradable wastes are being processed at present in this MCC-2. The compost obtained was reported to be sold to farmers. Composting performance was found to be good.
At this MCC-2, only the segregated bio -- degradable wastes are brought for composting. No plastic wastes are brought into this facility.
There are no Baling machines and no Shredding machines available at this facility since only the segregated bio degradable wastes are brought to this facility for composting. Only one Mechanical sieve (for sieving the compost) is installed at this center. This Mechanical sieve is in operation now. The compost is being sieved manually using the mechanical sieve.
Authorization has been granted to operate this MCC-2 by TNPCB vide Authorization No. SWM/ 001 -TTN/ 2019 dated 22.04.2019 (Proc. No. F. No.001 /JCEE(M)/TN PCB/ TNV/ SWM/TTN/2019. Dated: 22. 04.2019).
OCC (on-site composting center) This OCC is located inside the Kayalpattinam Municipality office campus (at S.F. No. 437 of Kayalpattinam Municipality). The maximum processing capacity of this OCC is 0.50 MT per day (as per design). This OCC is in operation and about 0.50 MT per day of bio -- degradable waste is processed at present in this OCC. The bio -- degradable waste generated from parks, horticultural wastes and the bio -- degradable wastes from nearby households are processed at this center. The final compost is sieved manually using a sieve. The compost obtained was reported to be sold to farmers. Composting performance was found to be good.
At this OCC, only the segregated bio -- degradable wastes are brought for composting. No plastic wastes are brought into this facility. There are no Baling machines and no Shredding machines available at this center since only the segregated biodegradable wastes are brought to this facility for composting. No Mechanical sieve installed at this OCC and the final compost is sieved manually using a sieve No burning of the municipal solid waste was noticed during inspection.
Page 22 of 30Authorization has been granted to operate this OCC by TNPCB vide Authorization No. SWM/ 001 -TTN/ 2019 dated 22.04.2019 (Proc. No. F.No.001/JCEE(M)/TNPCB/ TNV/ SWM/TTN/2019. Dated: 22. 04.2019) Bio-methanation cum -- power generation plant The Kayalpattinam Municipality has installed one Bio-methanation cum power generation plant of 300 m3 (5 MT) capacity for treating the bio -- degradable wastes and to produce electricity from it. This Bio-methanation cum power generation plant is located at S.F.No. 278/1B of Kayalpattinam south village in Kayalpattinam Municipality area adjacent to the MCC-1. The construction of this Bio methanation -- cum power plant completed.
This Bio --methanation -- cum power generation plant started trial run during the year 2016 and due to technical / mechanical problems they could not continue the trial rain and eventually they have stopped the operation of the plant. From 2016 to November 2021 the plant was reported to be not in operation.
The Municipal Commissioner in her letter dt. 02/03/2022 has informed that the Municipality issued work order on 22/02/2021 to carry out the maintenance works in the Bio --methanation -- cum power generation plant and the maintenance works have been completed during November 2021. The Municipal authorities have informed that they have again started trial operation of the plant during November 2021 and operated the plant up to January 2022 and again the plant was shut down. The Bio --methanation -- cum power generation plant was found to be not in operation during inspection on04/03/2022. According to the Municipal Commissioner, Kayalapattinam Municipality the electricity produced in the Bio- methanation plant -- cum power generation plant could not be sold out and hence they could not continue the operation of the plant.
Tamil Nadu Pollution Control Board has granted consent for Establishment under the Water Act and Air Act to this Bio -- methanation -- cum power generation plant vide proceeding No. F.0096/ TTN/ RS/ DEE/ TNPCB/TTN/ W/2015. Dated: 24.06.2015 Proc. No. F.0096/ TTN/ RS/ DEE/ TNPCB/TTN/ A/2015. Dated: 24.06.2015. The Municipality is yet to apply for the consent to operate since they could not put the plant into regular operation due to technical problems Page 23 of 30 Old municipal solid waste dump site located at Papparapalli The municipality has an old municipal solid waste dump site (measuring about 1.82 acres area) at Papparapalli located within the Kaalpattinam Municipality unit. The total quantity of the accumulated legacy waste at the dump site is reported to be 19960 m3 by volume as per the revised estimate. Bio
-- mining of this legacy waste in the dump site is yet to be carried out. The Municipality has submitted proposal for Bio-mining of this dump site (at an estimated Project cost of Rs. 160 lakhs) to the Director of Municipal Administration, Chennai through the Regional Director of Municipal Administration-Tirunelveli vide RC No. 1469/2018A2 Dt. 24/08/2021 and the proposal is yet to be approved.
II. Final report of the Joint Committee in O.A. No. 11 of 2021, (Mass Empowerment and Guidance Association vs The KayalpattinamMunicipality others) Thiru. Mohammed Salihu, Secretary of Mass Empowerment and Guidance Association, Kayalpattinam has filed this O.A. No. 11 of 2021against the Commissioner, Kayalpattinam Municipality, Thoothukudi District and the District Environmental Engineer, TN Pollution Control Board, Thoothukudi regarding the illegal dumping of the Municipal solid wastes by the Kayalpattinam Municipality in and around S.F. No. 43/1 of Kayalpattinam South village at Papparapalli area in Kayalpattinam Municipality. Thiru. Mohammed Salihu(applicant) in his affidavit has stated as follows:
Illegal dumping of waste by Kayalpattinam Municipality in and around S.No. 43/1, Kayalpattinam Municipality South Village at Papparapalli in Kayalpattinam Municipal area for the past 40 years, due to which there is significant impact on the environment and on the people in the vicinity. The area is surrounded by residences, municipal slaughter house, TNEB substation etc., The dumping of wastes was stopped at the site since, 2016. During rains leachate from the waste flows on to the roads and to the surrounding causing severe nuisance and pollution.
The waste is also set to fire occasionally causing severe air pollution. An exhaustive study has to be conducted to assess the extent of contamination of soil, water etc., by a competent 3rd party and necessary remediation plan has to be evolved and implemented.Page 24 of 30
For the above said reasons the applicant has prayed the Hon'ble NGT to direct the respondent municipality to remediate the existing legacy waste dumpsite and to direct the municipality to pay environmental compensation.
The Hon'ble NGT (SZ) in its order dated 19.01.2021 in O.A. No. 11 of 2021 directed the same committee constituted in O.A. No. 50 of 2016 "to ascertain the nature of dumps, the quantity of legacy waste lying there, step taken by the municipality for the disposal of the legacy waste, damage if any, caused to the environment including soil and ground water, 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 ground water on account of leachate, 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".
In compliance to the above order of the Hon'ble NGT(SZ), the Joint Committee inspected the dumpsite located at S.No. 43/1, Kayalpattinam South Village at Papparapalli in Kayalpattinam Municipality on 30/07/2021 and submitted an interim report to the Hon'ble NGT. Again, the Joint Committee inspected the dumpsite on 04/03/2022 and the following final report is submitted:
The dumpsite was found to be measuring 1.82 acres. The land is owned by Revenue Department.
No fresh municipal solid waste was found at the dumpsite and the municipal solid waste at the dump site was found to be bio-minable waste/legacy waste.
The total quantity of the accumulated legacy waste at the dump site was reported to be about 19960 m3by volume as per the revised estimate.
The dumping of waste was reported to have been stopped at the site by the Municipality since 2016.
Residential houses were found to be located at a distance of about 65 meters away from the dumpsite and the Municipality slaughter house is located adjacent to the dumpsite. Also, the TNEB sub station was found to be located at a distance of about 75 meters away from the dump site.
Kayalpattinam to Arumuganeri LF road is located adjacent to the unit Page 25 of 30 The dumpsite is located outside the CRZ area.
During inspection the waste in the dump site was not found to be in burnt condition.
The Municipality submitted proposal for Bio-mining of this dump site (at an estimated Project cost of Rs. 160 lakhs) to the Director of Municipal Administration, Chennai through the Regional Director of Municipal Administration-Tirunelveli vide RC No. 1469/2018A2 Dt. 24/08/2021 and the proposal is yet to be approved.
It is submitted that in order to assess the extent of damage caused to the ground water at the dump site, ground water samples 4- Nos have been collected from the wells located near the dump site on 30.07.2021 and sent for analysis at the TNPCB lab. The Report of Analysis of the water samples is enclosed herewith.
During inspection it was noticed that ground water was available in the area surrounding the dumpsite at a depth of about 10 feet depth below ground level. Also, the Report of analysis of the above water samples shows the presence of high TDS, Chlorides and sulphates in the water samples which may be due to the sea water intrusion. The presence of high TDS, Chlorides and sulphates in the water samples shows that the ground water is already unfit for drinking purpose owing to the sea water intrusion.
It is submitted that the extent of damage caused to the soil at the dump site can be assessed by analysing the soil sample at the dump site only after the bio-mining of the dumpsite is completed.
It is submitted that already the Tamil Nadu Pollution Control Board (TNPCB) vide Proceedings No. TNPCB/ LAW / LAlll / NGT / 007187 / 2016 dt.18.11.2020 issued directions imposing Rs. 14 lakhs as interim Environmental Compensation to the Municipality for the period from April 2020 to October 2020 (Rs. 1 lakh/month) for non- compliance of the Municipal Solid waste Management Rules and for not commencing the work of legacy waste remediation process and the Municipality is liable to remit the Environmental compensation till the compliance of the directions issued by TNPCB. Further, it is submitted that the Municipality has not yet remitted the interim Environmental Page 26 of 30 Compensation imposed by TNPCB and also not yet started the Bio-mining works as directed by TNPCB.
III. Final report of the Joint Committee in O.A. No. 12 of 2021 (SZ) (Mass Empowerment and Guidance Association vs The Kayalpattinam Municipality and others) Thiru. Mohammed Salihu, Secretary of Mass Empowerment and Guidance Association, Kayalpattinam has filed this O.A. No. 12 of 2021against the Commissioner, Kayalpattinam Municipality, Thoothukudi District; The District Collector, Thoothukudi/Chairman DCZMA,Thoothukudi; The District Environmental Engineer, TN Pollution Control Board, Thoothukudi and TN State Coastal Zone Management Authority represented by its Director, Department of Environment, Chennai regarding the micro compost yard constructed by the Kayalpattinam Municipality illegally. Thiru. Mohammed Salihu(applicant) in his affidavit has stated as follows The Kayalpattinam Municipality has constructed a structure to function as micro compost yard inside the inter tidal Zone of the CRZ in beach poramboke land partially blocking a natural drainage outlet into sea called the keerikulam.
The waste disposal (or) processing facilities cannot be setup inside the CRZ area as they are prohibited under the CRZ notification 2011.
Hence, the applicant prayed the Hon'ble NGT to issue direction to forthwith demolish this illegal structure.
The Hon'ble NGT (SZ) in its order dated. 19.01.2021 in O.A. No. 12 of 2021 has directed the same committee that has been constituted in O.A. No. 50 of 2016 to inspect the area and to submit a factual as well as action taken report if there is any violation found, and submit the consolidated report in O.A. No. 50 of 2016 instead of filling independent reports, so that all these connected issues can be considered together and appropriate directions can be issued and dispose of the causes by a common judgment.
The Hon'ble NGT(SZ) also directed the committee to consider the question of violation of CRZ Notification in respect of establishment of micro compost yard in the allotted place by the first respondent municipality and if there is any violation found, what is the nature of action taken by the Page 27 of 30 authorities in respect of the same and to submit the report to the Hon'ble Tribunal along with O.A. No. 50 of 2016.
In compliance to the above order of the Hon'ble NGT(SZ), the Joint Committee inspected the micro compost yard (on-site compost centre) on 30/07/2021 and submitted an interim report to the Hon'ble NGT. Again, the Joint Committee inspected the dumpsite on 04/03/2022 and the following final report is submitted:
The micro compost yard (on-site compost centre) is located in the un- surveyed poramboke land near the sea shore.
The processing capacity of the micro compost yard (on-site compost centre) is 0.50 MT/day.
The micro compost yard (on-site compost centre) is reported to have been established exclusively to process the municipal solid wastes generated in the beach area.
The micro compost yard (on-site compost centre) has been constructed during the year 2018 at a cost of Rs. 7 lakhs and is yet to be commissioned/yet to be put into operation.
The micro compost yard (on-site compost centre) consists of a shed with aluminum sheet roof and is measuring 15 meters x 6 meters in size. However, during inspection on 04/03/2022 it was noticed that the Municipality has removed the aluminum sheet roof from this shed on 28/02/2022. Photographs showing the view of this micro compost yard/shed taken before and after the removal of aluminum sheet roof is enclosed herewith.
The micro compost yard (on-site compost centre) is located within CRZ area. The exact location of the micro compost yard (on-site compost centre) within the CRZ area (as to whether the site is located in between HTL and LTL or is located outside the HTL) can be identified/known only if the Project layout is super imposed on the CRZ map indicating HTL and LTL demarcated by one of the Authorized agency in 1:4000 scale.
The Municipality has submitted the application for CRZ clearance for this micro compost yard (on-site compost centre)on 29.07.2021. The application submitted by the Municipality was returned for want of the following additional particulars:Page 28 of 30
a) Application in the prescribed format (Form I) -- 8 copies.
b) CRZ map indicating HTL and LTL demarcated by one of the Authorized agency in 1:4000 scale -- 8 copies
c) Project layout super imposed on the above map indicated at (b) above --8 copies
d) Copy of Project report -- 8 copies.
The Municipality is yet to resubmit the application along with the additional particulars. On receipt of the additional particulars and the application the subject will be placed before the District Coastal Zone Management Authority meeting and decision will be taken on the further course of action.‖
9. In Appeal No.57 of 2021, the learned counsel appearing for the State Pollution Control Board wanted some time to file their statement.
10. The learned counsel appearing for the Municipality submitted that as regards the construction of Waste Management Facility in CRZ Zone is concerned, they have already removed the roof and when we asked as to whether they have any intention to remove the structure itself, as it is not a permissible activity within the CRZ area, the learned counsel wanted some time to get instruction from the Municipality as to whether they have got any intention to remove the structure and if so, within what time, they will remove the same. They are directed to file an affidavit to that effect before the next hearing date.
Page 29 of 3011. Parties are directed to file their objections (if any) to the Joint Committee report on or before 30.03.2022 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules and get ready with the matter for hearing on the next hearing and get ready with the matter on the next hearing date.
12. For filing affidavit as directed and objections (if any) to the report and also for hearing, post on 30.03.2022.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.11/2021 (SZ), O.A. No.12/2021 (SZ), O.A. No.50/2016 (SZ) & Appeal No.57/2021 (SZ) 28th March 2022. Mn.
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