National Green Tribunal
P.M.A. Sadakathullah S/O Mohideen ... vs The Union Of India, Rep By Its Secretary ... on 10 January, 2022
Bench: Adarsh Kumar Goel, K. Ramakrishnan, Satyagopal Korlapati
Item No.04 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No.172/2017(SZ)
P.M.A.Sadakathullah Applicant
Versus
Union of India and Ors. Respondent(s)
Date of hearing: 10.01.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
Applicant: Mr. Mr. A. Yogeshwaran, Advocate
Respondent(s): Mr. G.M. Syed Nurullah Sheriff, Advocate for R1.
Mr. C. Harsharaj, Advocate for R2, R5 & R6.
Dr. D. Shanmuganathan, Advocate for R3.
Mr. S. Sai Sathya Jith, Advocate for R4.
ORDER
1. Grievance in this application is against construction of fish landing centre and associated structures at Singithurai (Karpudaiyaroalli Vattam), Kayalpatnam, Thoothukudi District, Tamilnadu, without requisite clearance under the CRZ Notification, 2011.
2. The application was filed on 19.07.2017 and has been dealt with by several orders in the last four years.We may only refer to some of the orders on the subject.On 11.08.2017, the Tribunal issued notice to the respondents and also directed inspection of site by the statutory regulators. Status quowas directed to be made pending further 1 consideration. The respondents in the application are MoEF&CC, TNCZMA, Director of Fisheries and other official bodies.
3. Stand of the respondents is as follows. MoEF&CC has stated that no approval has been sought for the project in question, as required. Stand of the District Collector is that the facility in question is the need of the fishermen even if it not permissible as per CRZ regulations. Stand of the State PCB is that there is a confusion whether the area falls under CRZ. As per status report filed by the TNCZMA, construction is not permissible and it is the responsibility of the District CZMA to enforce the regulations.
4. On 03.02.2020, on consideration of the matter, the Tribunal constituted a joint Committee to ascertain whether the area falls under the prohibited zone of CRZ Notification, 2011. On 10.08.2020, the Tribunal noted the deficiencies in the report of the joint Committee and directed the District CZMA to file an action taken report in the matter. On 11.02.2021, the Tribunal noted the failure of the District CZMA to take action according to law.
5. We have heard learned counsel for the parties.
6. Learned counsel for the applicant submitted that since construction of road in violation of CRZ Notification, 2011 is not permissible activity, on-going construction should be prohibited and construction already made should be removed. He pointed out that the Collector is making construction and is also the regulator under the CRZ notification. Thus, compliance should be directed by higher authorities. 2
7. Learned counsel for the State fairly stated that even though strictly speaking, the construction may be in violation of CRZ Notification, 2011, construction was undertaken bona fide in the interest of fishermen but since there is an apprehension that there may be unauthorized development due to construction of road, appropriate directions may be issued.
8. Having given due consideration to the matter, we are of the view that even if according to the State, the activity is in the interest of the fishermen, the same cannot be done by violating the law. No illegality can be justified.
9. Accordingly, we direct the State Authorities to stop any further construction in violation of CRZ Notification, 2011. In respect of construction already completed, it is for the statutory authorities to take appropriate action in accordance with law.
The Application is disposed of.
Sd/-
Adarsh Kumar Goel, CP Sd/-
K. Ramakrishnan, JM Sd/-
Sudhir Agarwal, JM Sd/-
Brijesh Sethi, JM Sd/-
Dr. Satyagopal Korlapati, EM January 10, 2022 Original Application No. 172/2017(SZ) AB 3