National Green Tribunal
E Velusamy vs The President Kanakampaalayam ... on 3 January, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.O1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 245 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
E. Velusamy,
Tiruppur.
...Applicant(s)
The President,
Kanaka,paalayam Pa
Tiruppur and other
ndent(s)
P.
Date of hearing:
CORAM:
For Applicant(s): Ms. Stiraksha represented
Mr. A. Yogeshwaran
For Respondent(s): Dr. D. Shanmuganathan for R1 & R3
Mr. S. Sai Sathya Jith for R2
ORDER
1. The grievance in this application is regarding discharge of untreated sewage into the agricultural land of the applicant by the first respondent as there was no proper sewage system provided in that area. On account of the stagnation of untreated sewage water in agricultural lands of the applicant which is surrounded by more than 750 houses, it causes serious health hazards to the people in the locality. Though complaints were made to the authorities and the second respondent had inspected the area and directed the first respondent to provide necessary Under Ground Sewage System (UGSS) to avoid discharge of untreated sewage.into the private land, no effective steps have been taken by them.
. Further, the first respondent is al ted to o the health of the Cc eople in the localit; ot mnation:ef peop af <S 8 eH < < & u iat fc 3920, it ish oper s sey Ss Ng health hazards to sewage water in thes ve s the people. Since the authoriti Phave Rot taken 1 effective steps, the applicant has no other option except to approach this Tribunal seeking the following reliefs:-
a. Direct the respondents to set up an effective drainage system and/or treatment facility in Kanakampaalayam Village, to ensure safe collection, treatment and release of sewage in a time bound manner.
b. Direct the respondents to remediate the lands and well belonging to the applicant situated in Survey Numbers 199/1 and 198/1A in Kanakampaalayam Perumanalloor Vazhi, Tiruppur - 641 666.
c. Direct the 1° respondent to pay compensation to the applicant as determined by the 2" respondent.
. On going through the allegations made in the application, we are satisfied that there arises a substantial question of environment which requires interference by this Tribunal as there is Non- enforcement of the subordinate legislative rules framed under th ent (Protection) Act, 1986. So, the application is admitted.
. Issue notice to the resp@iients due, by e-mail and al Sb Ae wee pro! of service on ication along with appearing for the W such service by filing 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 and proceed against them, if they did not appear, in their absence in accordance with law.
. In the mean time, the Tamil Nadu State Pollution Control Board, District Environmental Engineer, Tiruppur District, Block Development Officer-
Kanakampaalayam Village Panchayat, Tirupur District and also the District Collector, Tiruppur District are directed to file their independent report regarding the allegations made in the application and the nature of action taken from their side to prevent such mischief being caused by the first respondent and if there is any violation found, what is the nature of action taken by them as providing a public sewage system is one of the important service that has to be rendered by..the local bodies for the purpose of protection of health of the people i lity.
Further, under Section e of G See 'Procedure, letting, the of Code of {gi Proce 'e Kr"
enable the to comply with the direction officials within a week, so We without delay.
10.The above officials are directed to submit the respective independent reports to this Tribunal on or before 27.01.2022 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.
11.The applicant is also directed to take steps to the implead Block Development Officer Udumalaipettai Panchayat Union who is the controlling officer of the Village Panchayat whom this Tribunal feels a necessary party to the proceeding.
12.The Registry is also directed to serve a copy of the application along with the copy of the order to the District Collector, Tirupur District, District Environmental Engineer --- Tirupur,.District and also Block Development Officer, Udumalaipettai Panchay. for their information and also for compliance of the direction.
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13. The Registry is Ps cted to ce Sistry ad \ eate this. oh <to the Tamil Nadu NE e Tribunal.
27.01.2022.
(Justice K. Ramakrishnan) Sd/--
siceeeeeeeesssneeeeeeeeeeens E.M. (Dr. Satyagopal Korlapati) O. A. No.245/2021, (SZ) 03.01.2022, Sr.