National Green Tribunal
Arvind vs Tamil Nadu Pollution Control Board on 24 March, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No. 01:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 87 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Arvind Kumar Agarwal and others
....Applicant(s)
Versus
The Chief Secretary to Government of Tamil Nadu
Pollution Control Board and Others. ....Respondent(s)
Date of hearing: 24.03.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Mr. Arvind Kumar Agarwal (Party - in person)
For Respondent(s): Dr. V.R. Thirunarayanan for R1
Mr. C. Kasirajan through Ms. D. Ashwini for R3
& R4
ORDER
1. The applicants are some of the allottees in the project launched by the 11th respondent M/s. Puravankara Project Limited.
2. According to the applicant, the 11th respondent had obtained environment clearance for the construction of 1184 units. Though they have applied for further expansion of 990 more residential units, the same has not been granted to them. But pending that application, they have constructed the remaining units as well thereby, making the total construction to 2174 units. On the basis 1 of the Right to Information Act information collected from the Ministry of Environment, Forests and Climate Change (MoEF &CC) it is revealed that lot of show cause notices were issued to the 11th respondent between the period 2012 and 2014 for the violations committed by them in several projects including this project. Though environment clearance was directed to be kept in abeyance, they had proceeded with the construction and completed the project.
3. Further the Sewage Treatment Plant (STP) was established originally for the consented capacity of 1184 units alone. But now they are using the same for the expanded project thereby causing lot of pollution.
4. Further, the emissions from the D.G. Sets were also not properly controlled by providing necessary pollution control mechanism which causes air and noise pollution. The applicant also apprehended that the 11th respondent is going to sell the remaining projects, which were constructed without proper consent and trying to cause more inconvenience to the inmates of the residential plots who have already occupied. So the applicant filed this application seeking the following reliefs:-
In light of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Tribunal may be pleased to pass the following orders:-
1. Direct the respondents 2, 3, 5 and 11 Demolition of STP 1 situating near B1, B2 and B3 with immediate effect.
2. Direct the Respondent No. 2, 3, 5 and 11 to increase the height of Air Vent for DG sets as per national Building code norms to ensure effluent gases emitting out of such DG sets are not affecting the nearby residents.
3. Direct Respondent 2, 3, 5 and 11 to find a solution to reduce burden to current environment state and ground water depletion.
4. Direct the Respondent 2, 3, 5 and 11 to grant compensation towards suffering, pain and damages including Legal expenses as it may deem fit 2 by the Hon'ble Tribunal. A copy of is annexed here with as ANNEXURE - A29 with problems, distress and suffering that Applicant No. 1 and others have been going through for past many years.
5. Direct the Respondent No. 1 to take appropriate legal action of all those Government authorities (including Respondent 2 to 10) who abused their power to suppressing facts and abetting Respondent No. 11 in many ways instead of taking up actions against Respondent No. 11 as per provisions of Section 19 of the Environment (Protection) Act, 1986 and others like Tamil Nadu Town and Country Planning Act 1971.
6. Direct the Respondent No. 5 to cancel the revised approval and recourse the residents with benefits they are entitled to.
7. Direct the Respondent No. 5 to expand road width that leads to Pudupakkam to manage the traffic of nearly 14000 people.
8. Direct the Respondent No. 2, 3, 5 and 11 to provide an option of buying back of apartment to the Owners which so ever is higher as per below.
This could be supported by assessing and collecting penalty fee against Environmental damages from the Respondent No. 11.
a. With the cost of the apartment paid by the respective house owner along with interest "as per contract agreed between buyer and the Respondent 11 in the event of default in payment".
b. Or current Cost inflation index (CII) as per UNDER SECTION 48, published by Govt. of India on dated 12.09.2019, Notification No. So 3266(E) {No.63/2019 (F. No. 370142/11/2019-TPL)}
9. Direct the respondent No. 11 to stop selling of unsold apartment from the residential complex.
5. When the matter came up for hearing for admission today through Video Conference, the first applicant Mr. Arvind Kumar Agarwal appeared in person representing the other applicants as well. Dr. V.R. Thirunarayanan represented 1st respondent, Mr. C. Kasirajan through Ms. D. Ashwini represented respondents 3 and 4.
6. This Tribunal can consider only the issue regarding the pollution and also non- compliance of the statutory provisions covered by the statues enumerated under Schedule 1 to the National Green Tribunal Act, 2010. This Tribunal cannot direct the Registration authority desisting them from registering the documents nor restrain the sale of any plots by the 11th respondent. So, we 3 feel that the respondents 5 to 10 arrayed in this application and the relief claimed against them cannot be granted by this Tribunal as that will not come under Section 14 & 15 of the National Green Tribunal Act, 2010 and they were not covered by this statues enumerated in Schedule 1 of the National Green Tribunal Act, 2010 as well. So the respondents 5 to 10 are deleted from the party array and the 11th respondent is re-arrayed as 5th respondent.
7. The application can be considered only in respect of violation of condition of Environment Clearance casually granted to re-arrayed 5th respondent in respect of the building project and consequential pollution, if any, caused on account of the non-compliance of the pollution norms by the re-arrayed 5th respondent and damage caused to environment and environmental compensation if any, payable alone. So the application is admitted only to the above extent. The applicant is directed to produce the amended copy of the application.
8. Issue notice to respondents originally impleaded 1 to 4 and re-arrayed 5th respondent along with amended application by Registered post with acknowledgement due, by e-mail and also by dusthi if possible and produce proof of service on them by filing proof of affidavit as per rules.
9. The applicant is also directed to serve a copy of the application as amended along with the documents, if any, produced to the standing counsels appearing for the respondents 1 to 4 who have been mentioned above within a week and produce proof of such service by filing proper affidavit as per rules. 4
10. The applicant is also directed to produce necessary requisites as amended along with postal cover and the necessary postal stamps before this Tribunal within a week, so as to enable this Tribunal to send notice to all the respondents through Tribunal, to ensure service on them, so as to enable this Tribunal to proceed against them, if they did not appear in their absence in accordance with law.
11. In order to ascertain the genuineness of the allegations made and the alleged violations of environment clearance and consent to establish and the probable pollution which has been alleged by the applicant in the application, we feel it appropriate to appoint a joint committee comprising of (1) a Senior Officer from Ministry of Environment, Forests and Climate Change (MoEF & CC) Regional Office, Chennai (2) a Senior Office from the Tamil Nadu State Level Environment Impact Assessment Authority (TSEIAA), Chennai and (3) a Senior Officer from the Tamil Nadu Pollution Control Board (TNPCB) as deputed by its Chairman to inspect the area in question and submit a factual as well as action taken report if there is any violation found.
12. The Tamil Nadu Pollution Control Board (TNPCB) will be the nodal agency for co-ordination and for providing necessary logistics for this purpose.
13. The committee is directed to consider the allegation of construction of any portion of the project without getting proper environment clearance, violations of environment clearance and consent conditions, the deficiency in the Sewage Treatment Plant (STP) and the D.G. Sets provided and the 5 violations if any of pollution norms and if the violations are found to be true, then to assess the environmental compensation payable and further action to be taken against the project proponent for the violation committed and if any, remedial measures are to be provided, then what are all the nature of remedial measures to be provided to curb the alleged pollution problems raised by the applicant in the application and submit a report to this Tribunal on or before 30.04.2021 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.
14. The applicant is also directed to submit a set of papers to the members of the committee within a week, so as to avoid delay in submitting the report.
15. The Registry is directed to communicate this order along with the copy of the application to the members of the committee and also to the official respondents immediately through e-mail so as to enable them to comply with the direction.
16. For appearance of parties and for filing pleadings and also for consideration of report, post on 30.04.2021.
..................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O. A. No.87/2021, (SZ) 24.03.2021, Sr. 6