National Green Tribunal
Sk Vijayakumar vs Union Of India on 28 May, 2020
Author: K Ramakrishnan
Bench: K Ramakrishnan
Item No.2 and 3
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 180/2017
IN THE MATTER OF
S.K. Vijaya Kumar and Others
...Applicant(s)
With
Union of India and Others.
.....Respondent(s)
For Applicant(s) : Mr. Stanley Hebzon Singh
For Respondent(s) : Sri Devaraj Ashok represented by Sri. M.R.
Gokul Krishnan for R 2 and 4
Sri. M.R. Gokul Krishnan represented for R
3
Sri. B. Dhanraj represented for R5
Smt. M.E. Saraswathy for R1
Appeal No. 20/2019 (SZ)
For Applicant(s) : Mr. Stanley Hebzon Singh
For Respondent(s) :. Smt. Sumathi for R1
Sri Devaraj Ashok represented by Sri. M.R.
Gokul Krishnan for R2 and 4
Sri. M.R. Gokul Krishnan represented for
R3
Sri. B. Dhanraj represented respondent 5.
1
Date of hearing: 28.05.2020.
CORM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
ORDER
1. As per order dated 05.03.2020, after considering the pleadings in the matter, we have passed the following order:
"There is no material before this Tribunal as to whether the allegations in the application have been substantiated or not. In order to ascertain as to whether the allegations in the applications are correct and whether there was any violation of conditions imposed either in the environment clearance or in the consent to establish issued in favour for the fifth respondent unit, we feel it appropriate to appoint a Joint Committee comprising of a Senior Officer from Regional Office, Ministry of Environment Forest and Climate and Change, Bangalore, Senior Officer from State Environment Impact Assessment Authority (SEIAA) of State of Karnataka and the Karnataka State Pollution Control Board to inspect the area in question and submit a factual and action taken report regarding the allegations made in the application including the siting criteria and also existence of any eco- sensitive areas within the prohibited distance of the unit as alleged by the petitioner as per Notification dated, 18.11.2003 of Government of Karnataka and if there is any violation, what is the action taken by them 2 and submit a factual and action taken report to this Tribunal within a period of two months.
State Environment Impact Assessment Authority shall be the nodal agency for coordination and also for providing necessary logistics for the purpose. The committee shall give notice to the authorised representative of the applicant and also to the project proponent at the time of inspection. It is made clear that the petitioner is not expected to make any law and order situation at the time of inspection and they are directed to co-operate with the inspection. If the law and order problem is created by them, then the committee shall exclude them from participation in the inspection. The committee is directed to submit the report to this Tribunal through e- mail at [email protected] or by e-filing."
2. The case was posted to 14.05.2020 for report in Original Application No. 180/2017 in Appeal No. 20 of 2019, parties were directed to submit their response in the mean time. But none of the respondents have filed their response in the appeal. On 14.05.2020, these cases were adjourned by notification to today to be taken up through Video Conference.
3. When the matter came up for hearing today through Video Conference, Sri. Stanley Hebzon Singh represented applicant in Original Application No. 180 of 2017 and appellant in Appeal No. 3 20 of 2019. Srimathi. M.E. Saraswathi represented first respondent in Original Application No. 180 of 2017 and Srimathi Sumathi represented Respondent 1 in Appeal. Sri Devaraj Ashok represented by Sri. M.R. Gokul Krishnan appeared for respondent 2 and 4, Sri. M.R. Gokul Krishnan represented 3rd respondent and Sri. B. Dhanraj represented respondent 5 in both the cases. The counsel who represented official respondents wanted further time to file the report as directed by this Tribunal. Considering the peculiar circumstances now prevailing in the country, we feel it appropriate to grant two more months time to submit the report.
4. The committee is directed to submit the report to this Tribunal through e-mail or e-filing at [email protected] on or before 17.08.2020.
5. The Registry is directed to communicate this order to the members of the committee immediately by e-mail, so as to enable them to comply with the direction.
6. In the meantime the respondents are directed to submit their response in the appeal as well, so as to complete the pleadings so that both the cases can be considered together and disposed of their common judgement.
4
7. For consideration of report and completing pleadings in Appeal No. 20/2019, Post on 17.08.2020.
l.................................J.M. (Justice K. Ramakrishnan) O.A. No. 15/2017 (SZ) 28th May, 2020. Sr. .............................E.M. (Shri. Saibal Dasgupta) 5