National Green Tribunal
P.Premkumar S/O. Paulchamy vs The Secretary To The Government, ... on 8 March, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.2 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 80 of 2017 (SZ) (through video conference) IN THE MATTER OF: P, Prem Kumar ... Applicant(s) The Secretary to the G Environment and For HON'BLE MR HON'BLE DR. S For Applicant(s): 3 Mr. T.S. Sai Krishnan. For Respondent(s): Dr. D. Shanmuganathan for R1, R2, R5 to R8 Mr. S. Sai Sathya Jith for R3 & R4 ORDER
1. As per Judgment dated 07.12.2021, this Tribunal had disposed of the matter with following directions:-
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(i) "Since the grievance of the applicant that the waste is being dumped in the burial ground and it is not being disposed properly in accordance with the rules has been redressed by removing the waste dumped there to some other place, namely at a place called 'Vowval Thottam' there is nothing survives as regards the applicant is concerned in the matter.
However, it is seen from the reports that the Solid Waste Management Rules, 2016 and the directions of the Principal Bench of, National Green Tribunal, New Delhi in Original Application No. 606 of 2018 were not complied with. We direct the Tamil Nadu Pollution Control | ropriate action nal Green Tribunal, New Delhi "
manner without causing any nuisance to the people in the locality, as if the Micro Compost Yard is not properly maintained, it will create more problem to the people in the locality though such facilities can be established in public places like park and burial ground etc., as held by the Hon'ble High Court of Madras with directions and observations made therein.
(iv) The Tamil Nadu Pollution Control Board (TNPCB) is directed to inspect the Micro Compost Yard if it is commissioned to ascertain as to whether it is being properly maintained and if not, they are directed to take appropriate action against the Othakadai Village Panchayat for not operating the same in a scientific manner as it is required.
(v) If the legacy waste dumped in the present dump yard is not disposed of in a scientific manner, then the Tamil Nadu Pollution Control Board (TNCPB) is directed to take appropriate action against them for non compliance of the directions issued by the Principal Bench of National Green Tribunal in this regard including imposition of environmental compensation as directed and to take steps to recover the amount from them.
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(vi) The Principal Secretary for Rural Development and Panchayat Raj and the Director, Rural Development and Panchayat Raj are directed to look into the issue and see that the Solid Waste Management Rules, 2016 are strictly implemented in Othakadai Town Panchayat as required under the Solid Waste Management Rules, 2016 and as directed by the Principal Bench of National Green Tribunal, New Delhi in Original Application No. 606 of 2018 and if any technical or financial or administrative sanctions are required for that purpose, they are directed to look into the issues personally and see that it is being implemented in its letter and spirit.
(viii) Considering the circumstances, the legacy waste has been shifted from the burial ground, we don't think there is any necessity to impose any punishment for non compliance of the directions issued by this Tribunal and any coercive orders to be passed in I.A. No. 42 of 2019 (SZ). So L.A. No. 42 of 2019 (SZ) _ is closed.
(ix) The Tamil Nadu Pollution Control Board (TNPCB),District Collector, Madurai District and Block Development Officer in charge of Othakadai Village Panchayat are directed to file their periodical complian imp 'ion of the Solid to bear the respective cost in the application.
(xii) The Registry is directed to communicate this order to the District Collector, Madurai District, Chairman, Tamil Nadu Pollution Control Board (TNPCB), Block Development Officer, Madurai Panchayat Union and also to the Principal Secretary for Rural Development and Panchayat Raj and the Director, Rural Development and Panchayat Raj for their information and compliance of the direction.
With the above observations and directions, the application is disposed of."
2. The Tamil Nadu Pollution Control Board (TNPCB), District Collector, Madurai District and Block Development Officer in charge of Othakadai Village Panchayat were directed to file their periodical reports once in three (3) months including the action taken for disposal of the legacy waste and operation of the micro compost yard and other waste management facilities and also action taken for non-compliance of the same. Since no reports have been filed so far. The matter has been taken up today for consideration of compliance report to alert the'efficials who are expected to necessary hardcopies to be produced as per rules.
4. The Registry is directed to communicate this order to the District Collector, Madurai District, Chairman, Tamil Nadu Pollution Control Board (TNPCB), Block Development Officer, Madurai Panchayat Union and also to the Principal Secretary for Rural Development and Panchayat Raj and the Director, Rural Development and Panchayat Raj for their information and compliance of the direction.
5. For consideration of compliance report, post on 12.04.2022.
0.A.80/201708.03.2022, Sr. Sd/-
peseeeecssccassssseesseesauanssess J.M. (Justice K. Ramakrishnan) Sd/-
sisaaeeceeeeeeeceeeeeeeeseneneeeeacs E.M. (Dr. Satyagopal Korlapati)