National Green Tribunal
Thangavelraj S vs Ministry Of Environment Forest And ... on 23 November, 2022
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
Item No. 03:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 132 of 2022 (SZ)
(Through Video Conference)
IN THE MATTER OF
Thangavelrah S. Karur ...Applicant(s)
Versus
Union of India & Ors.
...Respondent(s)
Date of hearing: 23.11.2022.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Mr. Satish Parasaran, Sr. Adv. Along with Mr M.
Sricharan Rangarajan for Mr. N.S. Amogh Simha.
For Respondent(s): Dr. D. Shamnuganathan for State of Tamil Nadu
Mr. G. Thilagavathi forMr. Balasubramaniam for R7.
ORDER
1. The above application is filed seeking a declaration that the construction of the new bus stand at Thirumanilaiyur Vilage, Karur District as illegal unauthorised and direct the respondent nos. 2 to 6 to forthwith stop the construction on the grounds that the lands are agricultural in nature as they are classified as 'Nanjai'. Besides, there are common water channels which are sub-channels of Raja Vaikal which bisect the above said lands, which are also marked as common water drainage channel in the village map. 1
2. The perusal of the application reveals that this case has a chequered career. The proposed land for the bus stand is situated adjacent to the land belonging to the applicant herein and all the lands are agricultural lands classified as 'Nanjai' lands. There are 05 common water channels (sub- canals of Rajavaikal) which bisect the above said lands and the same was marked as common water, drainage channel in the village map as well.
3. According to the applicant, the 7th respondent had completely ignored the existence of the sub-canals and proceeded to adopt a resolution to proceed with the construction of the new bus stand. Earlier there was a Writ Petition in W.P. (MD) No. 1881 and 19749 of 2013 etc., batch filed before the Madurai Bench of Hon'ble High Court of Madras objecting that the land in which the bus stand is proposed to be established there were water channels and sub-channels being irrigated the lands of the petitioners, therein and that the closure of the water channel would seriously jeopardise their interest as agriculturist.
4. A few of the Writ Petitions were challenging the G.O.Ms. No. 87 (MA & WS) Department dated 20.06.2013 which granted approval for the Karur Municipality to undertake the work of establishment of a bus stand at a place acceptable by the Municipal Council. While considering the various contention of the petitioners, the Divisional Bench of the Hon'ble High Court had observed that the site proposed for the bus stand is not likely to be inundated by water and there is no proof to show that there are sub-channels 2 irrigating the lands on the other side of the proposed bus stand and dismissed the Writ Petition.
5. Yet another case in O.A. No. 153 of 2014 before this Tribunal was also filed challenging the construction of the bus stand by seeking a direction to remove the obstruction created across the Thirumanilaiyur Raja Vaikal and the canals branching from it and to restore the Thirumanilaiyur Raja Vaikal to its original status. The said Original Application was filed at the instance of Karur Mavatta Nilathadi Neer Padhugapu Matrum Sayakazhival Pathikkapatta Vivasayigal Sangam which was also dismissed by this Tribunal on 30.07.2014 holding that the applicant was not an agriculturist and not being affected party and the construction of bus stand is one for public purpose.
6. There was one another Writ Petition in W.P. No. 3449 of 2017 where the Hon'ble High Court allowed the Writ Petition directing the respondents to implement the G.O. Ms. No. 87 dated 20.06.2013 within a period of two months by order dated 28.02.2017. Since, that order was not obeyed Contempt Petition no. 345 of 2018 was filed. In the said contempt petition, the Commissioner, Karur Municipality had filed a counter in the month of January, 2019. In which he has stated that the distance between the existing bus stand and the proposed bus stand is only 1.3 km and the proposed bus stand falls within the busy city. It was stated that the bus stand will also face issues like heavy traffic, congestion, accidents etc., as that of the old bus 3 stand. Thus, the Commissioner, Karur Municipality has stated that the subject land is not suitable for the construction of the proposed bus stand.
7. In the meanwhile, a Review Application (MD) No.26 of 2017 came to be filed at the instance of the Government of Tamil Nadu and the Commissioner, Municipal Administration and Water Supply Department which was dismissed on 03.01.2019. In the Contempt Petition, the Commissioner, Karur Municipality who had taken charge later had filed another affidavit dated 08.01.2019 wherein he has stated that land on which the bus stand is proposed is about 12.14 acres, however, after formation of road around the bus stand and the approach road it will shrink to 8.29 acres which may not be sufficient in the present scenario and also for the future expansion. He had also stated that the Karur Municipality has proposed to establish a bus stand at the alternate site either by obtaining land or under 'Public Private Partnership' scheme which would be completed within a period of two years and three months.
8. The Principal Secretary to Government, Municipal Administration and Water Supply Department also had filed an affidavit to complete the construction of the bus stand within a period of two years and three months as per the said time schedule. Based on the said undertaking given by the Principal Secretary on 11.01.2019, the Contempt Petition was closed on 11.01.2019.
9. There was yet another Writ Petition No. 22551 of 2019 filed by on Mr. M. 4 Natchimuthu, who has stated that he was owner of the land in Sy Nos. 95, 97, 98, 113 to 123 part and 146 to 152 part and 243, 246 and 247 part are situated at Thirumanilaiyur village. The above lands were donated for construction of a new bus stand on condition that if the donated lands were not utilised for a period of 5 years from the date of its deed, then the donated lands will be re-conveyed to the respective land owners. The said condition was also accepted by the Municipality. Since, the project could not be completed within the said time the owners have filed the writ petition for re- conveyance of the aforesaid properties at the earliest, which petition is also pending before the Hon'ble High Court.
10. In the said W.P. No. 22551 of 2019, the Commissioner, Municipal Administration and Water Supply has stated that since there is a Civil Suit in O.S. No. 222 of 2018 on the file of Subordinate Judge Court, Karur was filed by one of the land owners and also a Writ Petition No. 22551 of 2019 filed for re-conveyance, the Government has filed a modification petition in the Contempt Petition before the Madurai Bench of Hon'ble High Court of Madras. In the modification petition affidavit, the Deputy Secretary to Government, Municipal Administration and Water Supply Department has stated that after the inspection of the proposed site the Municipality had received several representation along with documents from the farmers, who are having agricultural lands adjacent to the site and the same has been communicated to the Government stating that for the abovementioned 5 reasons the Municipality was not in a position to follow the further process for construction of the bus stand at the proposed site. Further the affidavit of the District Secretary to Government stated that there are 05 common water channels which bisect the site property into four separate parts and it was marked as common water, drainage channel in the village map also. The northern and the southern side of the proposed site land owners have objection in closing or modifying the common water and drainage channel which is of 05m wide and 02m depth. Further, there is a common water pipeline which has been laid under the site property after obtaining proper permission by the farmer association for irrigation purpose including the donor and the association members who are opposing the construction of the new bus stand.
11. It is also brought to our knowledge that there is yet another Writ Petition in W.P. (MD) No. 3854 of 2021 filed by one Mrs. A. Sambooranathammal to construct or dig, restore and maintain the field bothies in the lands proposed for the bus stand at Thirumanilaiyur Village. It is also brought to our knowledge that the applicant is the son-in-law of Mrs. A. Sambooranathamanal and that the Sy. No. 109 is purchased by him from her.
12. From the above facts, it is evident that the writ petition filed by the donors of the land for resumption of the same is yet to be decided by the Hon'ble High Court. Even after the order was passed in the Contempt Petition the 6 Secretaries, Municipal Administration and Water Supply Department has stated that the proposed land was not suitable for the bus stand for the reason that there are 05 common water channels which bisect the said property into four separate parts in the said site.
13. Even presuming that there is only a sheet water flow, the same has to be streamlined and the bus stand project has to set out the mitigation measures for the same. Learned Government Pleader representing the Government was not sure of the same and sought time for getting appropriate instructions on the same. The construction on the proposed site was confirmed only by order on the Contempt Application passed by the Hon'ble High Court. Even though the officials were not sure of the suitability of the land as it is admitted even in the application that the constructions of the bus stand has commenced. Let notice be issued to the respondents to file their respective report. The applicant is also directed to explain how the petition is maintainable when the issues raised by him were already raised before the Hon'ble High Court of Madras and National Green Tribunal (SZ) and when one more writ petition is pending currently on the very same issue before the Hon'ble High Court.
14. Dr. D. Shanmughanathan, Learned Counsel for the State of Tamil Nadu accepts notice for respondents 2 to 6. Mr. Balasubramaniam accepts notice for 7th respondent. Let Notice be issued to the 1st respondent through this Tribunal as well as privately by Registered Post with Acknowledgement 7 Due and Dasti as well.
15. Notice returnable on 05.01.2023.
.............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) O.A. No.132/2022 (SZ) 23rd November, 2022. (AM) 8