National Green Tribunal
Meenava Thanthai K R Selvaraj Kumar ... vs State Of Tamilnadu on 23 February, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.10:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 183 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Meenava Thanthai K.R. Selvaraj Kumar
Meenavar Nala Sangam
Represented by its President,
M.R. Thiyagarajan,
S/o. Late C. Rajalingam,
Office at No.48, East Madha Church Street,
Royapuram, Chennai
.... Applicant(s)
Versus
The State of Tamil Nadu
Through the Chief Secretary,
Government of Tamil Nadu,
Secretariat, Chennai and Ors.
...Respondent(s)
Date of hearing: 23.02.2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Mr. G. Stanley Hebzon Singh.
For Respondent(s): Dr. D. Shanmuganathan for R1, R4 & R5.
Mr. G.M. Syed Nurullah Sheriff for R2.
Mr. S. Sai Sathya Jith for R3.
Page 1 of 13
Mrs. R. Anandhi and
Ms. S.M. Kothai Muthu Meenal for R6.
M/s. Manisha A.S. for
Mr. P. Veena Suresh for CMDA.
ORDER
1. As per order dated 27.01.2022, this Tribunal had considered the order passed on 20.12.2021 and extracted in Para (1) of the order and considered the order passed in I.A. No.07 of 2021 (SZ) which was extracted in Para (3) of the order and also considered the report submitted by the District Collector - Thiruvallur District dated 12.01.2022, e-filed on 19.01.2022 and extracted in Para (5) of the order and then, passed the following order:-
"6. The report was filed on the basis of the directions given by this Tribunal on 20.12.2021. It is quite unfortunate the District Collector has not taken note of the directions issued by this Tribunal as per order dated 05.01.2022 while submitting this report, though it was signed on 12.01.2022. So it could not be said to be a report filed before this Tribunal on the basis of the subsequent order passed by this Tribunal on 05.01.2022. Though the Tamil Nadu Pollution Control Board (TNPCB) also submitted that they are also filing a further report and they could not file the same due to some technical difficulties when the matter was taken up on 20.12.2021, no further report has been filed by the Tamil Nadu Pollution Control Board (TNPCB) as well.
7. As per order dated 14.12.2021 in Paragraph (11), this Tribunal had directed the District Collector to file a detailed report regarding the steps taken by them for removal of the encroachment in the Cooum River and the encroachment will have to be fixed on the basis of the original revenue records. But the present report filed by the District Collector did not mention as to whether such an exercise has been done by them before fixing the alleged extent of encroachments.
8. We have also directed the Joint Committee to consider the allegations made in I.A. No. 08 of 2022 (SZ) and also the permission, plan and the photographs produced by the applicant to ascertain as to whether Page 2 of 13 any violations of permissions have been committed while making the construction by the 6th respondent and if so, what is the nature of action taken in this regard.
9.Under such circumstances, the report said to have been filed by the District Collector, Thiruvallur District could not be said to be in tune with the directions issued by this Tribunal by order dated 14.12.2021 and also by order dated 05.01.2022.
10. The committee also has not filed the report as directed by this Tribunal. The counsel appearing for Chennai Metropolitan Development Authority (CMDA) wanted some time as they have conducted the inspection and the report has been prepared and it has been placed for approval.
11. The Joint Committee as well as the District Collector, Thiruvallur District, Chennai Metropolitan Development Authority (CMDA), Tamil Nadu Pollution Control Board (TNPCB) and the Water Resources Department are directed to file the reports as directed by this Tribunal as per order dated 14.12.2021 and subsequent order dated 05.01.2022 on or before 16.02.2022 and get ready with the matter for consideration on 23.02.2022. 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.
12. The Registry is directed to communicate this order to the members of the committee and also to the official respondents including the Chief Secretary, Principal Secretary for Environment for their information and also for compliance of the direction."
2. The case was posted to today for completion of pleadings, consideration of further reports and also for hearing.
3. Today, we have received an independent report submitted by the District Collector - Thiruvallur District dated 22.02.2022 which reads as follows:-
"INDEPENDENT REPORT FILED BY THE 5TH
RESPONDENT
I, Dr.Alby John Varghese, S/o. John Varhese, aged about 33 years, working as District Collector, Thiruvallur do hereby solemnly affirm and sincerely state as follows:
Page 3 of 131. I am the 5th Respondent herein and as such I am well acquainted with the facts and circumstances of the case from the records available with this office. I am filing this status report pursuant to this Hon'ble Tribunal direction dated 27.01.2022.
2. The Hon'ble National Green Tribunal in its orders dated 22.01.2022 has directed that, "10. The report said to have been filed by the District Collector, Tiruvallur could not be said to be in tune with the directions issued by this Tribunal by order dated:14.12.2021 and also by order dated 05.01.2022.
11. The Joint Committee as well as the District Collector, Tiruvallur, CMDA, TNPCB and Water Resources Department are directed to file the reports as directed by the Tribunal as per order dated 14.12.2021 and subsequent order dated 05.01.2022"
3. It is submitted that, in order to comply an interim order of Hon'ble National Green Tribunal dated: 14.12.2021 and 05.01.2022 made in 0.A.No.183/2021, the joint committee report and the remarks of the Member Secretary, CMDA, Chennai has been carefully perused and submit my report as follows:
4. It is submitted that the Member Secretary, CMDA, Chennai has reported that as completion certificate issued by the CMDA in the letter No.CMDA/CC/NHRB/C/229/2021, dated:20.10.2021, the buffer zone of 15m is provided as per the approved plan. 5. It is submitted that the Member Secretary, CMDA, Chennai has further reported that as per approved plan and the reports of joint committee, it was found that no structure in the buffer zone of 15m from the Cooum River.
6. It is submitted that the joint committee constituted by the Hon'ble Tribunal has confirmed that the unit has encroached an area of 118 square feet, boundary with 30 square feet on the southern side of Cooum river and 88 square feet on the south eastern side of the Cooum river in Noombal village. On the allegation raised by the petitioner and the inspection made by the joint committee members, the 6th Respondent himself removed the encroachment on 9.12.2021 and 09.01.2022 and constructed the new boundary wall in their patta land premises.Page 4 of 13
Therefore, I pray that the Hon'ble National Green Tribunal, Southern Zone, Chennai may be pleased to accept my action taken report and thus render justice."
4. The 3rd Respondent/State Pollution Control Board has filed a report signed by the officer on 18.02.2022, e-filed on 21.02.2022 which reads as follows:-
"REPORT FILED ON BEHALF OF THE 3RD RESPONDENT TAMILNADU POLLUTION CONTROL BOARD.
I, R. Rajamanickam, S/o P.M. Ramasamy, Hindu, aged about 57 years, having office at No. 76, Mount Salai, Guindy, Chennai-600 032, do hereby solemnly affirm and sincerely state as follows:
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board and I am filing this Report on behalf of the 2nd Respondent Board and as such I am well acquainted with the facts of the case as per records.
2. It is respectfully submitted that earlier this Hon'ble Tribunal in its Order dated 05.01.2022 in O.A No. 183 of 2021 (SZ) has issued the following directions inter alia as follows:
"Para 7: As per order in I.A. No.08/2022 (SZ) this tribunal had directed the committee appointed by this Tribunal to go into the question as to whether there was any violation of the permission granted by the Chennai Metropolitan Development Authority (CMDA) to the 6th respondent in construction of the impugned building for the fish market and whether there is any encroachment into the flood plain of the Cooum river while making their construction.
Para 9: The committee is directed to consider the allegation mentioned in I.A. No. 08 of 2022 (SZ) and also the permission plan and the photograph produced by the applicant to ascertain as to whether any violation of the permission granted while making the construction by the 6th respondent and if so what is the nature of proposed action taken in this regard."Page 5 of 13
It is respectfully submitted that, subsequently, the Hon'ble NGT (SZ) in its orders dated 27.01.2022 has issued the following directions inter alia as follows:
"11. The Joint Committee as well as the District Collector, Thiruvallur District, Chennai Metropolitan Development Authority (CMDA), Tamil Nadu Pollution Control Board (TNPCB) and the Water Resources Department are directed to file the reports as directed by this Tribunal as per order dated 14.12.2021 and subsequent order dated
05.01.2022 on or before 16.02.2022 and get ready with the matter for consideration on 23.02.2022."
It is respectfully submitted that in due compliance of the Hon'ble NGT order dated 05.01.2022 & 27.01.2022, the 6th respondent unit of M/s. The Chennai Fish, S.F.No. 98/12, 98/5A1B, Noombal Village, Poonamallee Taluk, Tiruvallur District was inspected by the Joint Committee on 12.01.2022 along with the official of Public Works Department(WRD), Tamil Nadu Pollution Control Board, State Level Environment Impact Assessment Authority, Tahsildar, Poonamallee and along with CMDA official. During the joint committee inspection the following were observed:
i. The unit was in operation and the ETP & STP were also in operation and the treated sewage and trade effluent are stored in the treated sewage & trade effluent collection tank respectively for further disposal.
ii. The unit has reported that the treated sewage/trade effluent is disposed to the nearby CMWSSB pumping station through tanker lorry. The unit has furnished the copy of the CMWSSB receipt dated 26.10.2021, 26.11.2021, 13.12.2021, 11.01.2022 & 10.02.2022 for the disposal of treated Sewage/trade effluent into CMWSSB pumping station.
iii. The unit has plugged the outlet storm water drain leads to Cooum river and there was no discharge of sewage/trade effluent outside the unit premises into the Cooum river.
iv. The underground Sewage collection sump & trade effluent collection sump which were earlier constructed within 15m of the buffer zone are presently not in use and it was observed that the unit has constructed new underground Sewage collection sump & trade Page 6 of 13 effluent collection sump, 15m away from the buffer zone and the same were in use presently.
v. The buffer zone area and surrounding area of the unit is paved with cement concrete flooring.
vi. The unit has constructed the compound wall along with its patta land boundary line parallel to the River Cooum on the northern side of the unit vii. The Tahsildar, Poonamallee has reported that the unit has realigned its compound wall within their patta land boundary which is away from the original encroachment area of River Cooum and presently there is no encroachment by the unit in river Cooum.
viii. The Committee observed that 15m Buffer Zone as demarcated in the CMDA approved Plan vide planning permission No. B/NHRB/127/A-C/2020 dated 21.5.2020, has been provided to the main building of the Fish market.
ix. Further, the Committee observed that the unit has extended its unit premises than the CMDA approved land extent to the adjoining area on the north-eastern side (SF. No. 98/14) and being paved with cement concrete flooring and used as vehicle parking of the vehicles coming to the fish market and also constructed a small temple and a shed installed with ice crushing machine-2Nos.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) may be pleased to pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice."
5. The Chennai Metropolitan Development Authority (CMDA) has filed an independent report dated 18.02.2022, e-filed on 27.02.2022 which reads as follows:-
"INDEPENDENT REPORT FILED BY CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY (CMDA) IN Page 7 of 13 COMPLIANCE TO THE HON'BLE NATIONAL GREEN TRIBUNAL(SZ) ORDER DATED 05.01.2022 I, Anshul Mishra, I.A.S. son of Late Harishchandra Mishra, Hindu, aged about 44 years, serving as Member Secretary of the Chennai Metropolitan Development Authority (CMDA) at No.1, Gandhi-Irwin Road, Egmore, Chennai-600 008, do hereby solemnly and sincerely affirm as follows:
1. I submit that this case is about the Original Application filed vide O.A. No 183/2021 by Meenava Thanthai K R Selvaraj kumar before the Hon'ble National Green Tribunal (Southern Zone) as against the construction of Fish Market at Poonamallee High Road, Vanagaram Village, Chennai within Thiruverkadu Municipality limits as against the established Environmental norms.
2. I submit that the I.A. No. 8 of 2022 filed by the Applicant before the Hon'ble National Green Tribunal is about the petition filed by one Thiru. Meenava Thanthai Selvaraj Kumar, as against the State of Tamil Nadu and 5 others with a prayer to demolish the construction erected by the 6th Respondent on the buffer zone laid down by CMDA in the Planning Permission and to demolish the construction erected on flood plain of Coovam River.
3. I further submit that in this regard, the Hon'ble National Green Tribunal (SZ) vide its order dated 05.01.22 in IA.No.07/21 (SZ) and IA No.08/22 (SZ) in O.A. No. 183/21 has directed the Joint Committee appointed by the Tribunal to go in to the question as to whether there is any violation of the permission granted by CMDA and any encroachment of the Buffer Zone and the status of the action taken, if such violation has been committed. While so, the Hon'ble National Green Tribunal had also directed the CMDA to file an independent report regarding this aspect after making proper inspection as it relates to violation of the building rules and the permission granted.
4. I submit that I am filing this independent report as per the Order passed by this Hon'ble Tribunal on 05.01.2022 post making proper Page 8 of 13 inspection relating to violation of the building rules and the Permissions granted to the 6th Respondent in construction of the impugned building for the fish market and whether there is any encroachment into flood plain of the cooum river while making their construction.
5. I submit that earlier, CMDA has issued Planning Permission for the construction of Ground Floor (part) + Stilt floor (part) + 1st Floor Commercial building (Fish Market) at Poonamallee High Road, Vanagaram, Chennai - 600 095 comprised in Old S.No.68, New S.No.98/4A1A1 & 98/541 (as per document), S.No.98/5A1B & 98/2 (as per patta) of Noombal Village in Planning Permission No. B/NHRB/127 A -C/2020 dt. 21.05.2020 vide Letter No. PP/NHRB /C/1131/2019 dated 21.10.2020. I further submit that the Planning Permission Application was examined along with No Objection Certificates (NOC) issued by WRO, PWD on inundation point of view, TNPCB and National Highways Authority of India. Also, a 15m buffer zone from the building has been reserved on the Coovam River Side, as the river is passing on the Northern side of the property.
6. I further submit that on Completion of the construction, Completion Certificate Application submitted by the owner has been examined and found to satisfy the Completion Certificate Norms. Hence, the Completion Certificate was issued by CMDA in letter No. CMDA/CC/NHRB /C/229/2021 dated 20.10.2021. It is pertinent to mention that the buffer zone of 15m is provided as per the approved plan during the inspection for Completion Certificate.
7. I submit that the Executive Engineer, Water Resources Department, Kosastthalaiyar Basin Division, Thiruvallur in letter dated 11.01.2022 had requested CMDA to come over for the proposed joint field inspection on 12.01.2022 in compliance with the orders of National Green (Southern Bench) dated 05.01.2022. Accordingly, the CMDA officials have conducted the inspection along with the Joint committee comprising DEE, TNPCB, Executive Engineer PWD (WRO) and Tahsildar Poonamallee Taluk.
Page 9 of 138. I submit that the approved plan has been exhibited to the Joint Committee and field measurements have been taken and found that 15m buffer zone shown in the approved plan has been provided on field and no structure found to exist in the said buffer zone.
9. I submit that it was also observed that there is no change in the building with respect to the Approved Plan & Completion Certificate issued by CMDA. However, it was found that an additional land of about 50 cents is subsequently added to the approved land extent on the northeastern side and being used for parking of vehicles coming into the fish market. Further, it was observed that in the additional land, a small shed and a small Temple exists.
10. I submit that since unauthorized additional land has been added to the approved site, a Show Cause Notice has been issued by CMDA in letter No. EC/C II/583.2022 dated -01-2022 to the owner of the building by giving 15 days' time. I also state that further enforcement action will be taken in due course as per the provisions of Tamil Nadu Town and Country Planning Act, 1971.
It is therefore prayed that this Hon'ble Tribunal may be pleased to consider the submissions of CMDA and pass suitable orders on the facts and circumstances of the case in the interest of justice and thus, render justice."
6. Quite unfortunately, the District Collector has not undertaken any inspection either by himself or by a DRO level officer, instead he had only called for the latest report from Tahsildar and verified the same and then endorsed the report and filed in the form of an independent report before this Tribunal. When we wanted the report to be filed regarding the encroachment and the buffer zone on the basis of the original revenue records, the report of the District Collector is silent Page 10 of 13 about it. That also shows that the District Collector has not properly understood the purport of the order passed by this Tribunal and the nature of report to be filed. The District Collector was also not expected to depute any person other than the officer specified in the order i.e. in the rank of District Revenue Officer.
7. It is seen from the report submitted by the State Pollution Control Board that subsequent inspection was conducted on 12.01.2022 by the Joint Committee and one of the member is Tahsildar, Poonamallee and the Joint Committee itself has not filed the report as directed. Even in the report submitted by the State Pollution Control Board, it is not clear as to whether the buffer zone was fixed to ascertain whether there was any encroachment into the buffer zone on the basis of the original revenue records.
8. When the Tribunal makes an order to do certain things in a particular manner, there will be some purpose and the members of the Joint Committee including the District Collector are not expected to dilute the directions issued. If they are not able to do that, they can submit their reasons as to why it is not possible and obtain necessary permission from the Tribunal for doing further things in this regard.
That is the minimum courtesy that is required from an officer of the Page 11 of 13 responsible Government Departments especially when they are executing the orders of the Court/Tribunal.
9. The District Collector himself or the District Revenue Officer is expected to inspect the area and verify the river boundary and the buffer zone on the basis of the original revenue records and then file a further report as directed by this Tribunal, so as to enable this Tribunal to come to a correct conclusion as to whether there was any encroachment into the water body/buffer zone or not.
10. The Chennai Metropolitan Development Authority (CMDA) is also directed to file a further action taken report pursuant to the show cause notice already issued for excess construction made by the 6th Respondent than the permission granted.
11. The 6th Respondent is also at liberty to file their further statement regarding the observations made by the CMDA in this regard and further steps taken by them regarding the same.
12. They are directed to file their respective reports and statement on or before 22.03.2022 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.
Page 12 of 1313. The Registry is directed to communicate this order to the members of the Joint Committee, CMDA and especially to the District Collector -
Thiruvallur District, Tamil Nadu Pollution Control Board by e-mail for their information and compliance of directions.
14. For completion of pleadings and consideration of further reports, post on 22.03.2022.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.183/2021 (SZ), 23rd February 2022. Mn.
Page 13 of 13