National Green Tribunal
R.Dinesh S/O M.S.Ramasamy vs The Gopichettipalayam Municipality, ... on 14 June, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.12:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 99 of 2017 (SZ)
(Through Vide Conference)
IN THE MATTER OF:
R. Dinesh S/o. M.S. Ramasamy,
Gobichettipalayam, Erode District. ... Applicant(s)
Versus
Gobichettipalayam Municipality
Rep. by its Commissioner,
Gopichettipalayam,
Erode District & Ors. ...Respondent(s)
Date of hearing: 14.06.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. Dr. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Mr. A. Yogeshwaran.
For Respondent(s): Mr. Sai Sathya Jith for R1.
Dr. V.R. Thirunarayanan for R2.
Mr. C. Kasirajan through
Ms. D. Ashwini for R3.
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ORDER
1. As per order dated 05.03.2021, this Tribunal had considered the additional reply affidavit filed by the 1st respondent and also the report submitted by the Pollution Control Board which was e-filed on 03.03.2021 and thereafter, passed the following order:-
"5. It is seen from the Joint Committee report that the fresh waste generated in the Municipality area is segregated, collected and organic waste is transported to MCC and converted into bio- compost and biogas and other non-compostable waste is disposed as per Solid Waste Management Rules, 2016. As regards legacy waste is concerned, there is remaining waste of 11000 m3 as on 16.02.2021 and the Committee has arrived at an environmental compensation of Rs. 12 lakhs in tune with the directions issued by the Principal Bench in O.A. No. 606 of 2018 and the same has been placed before the Member Secretary, Tamil Nadu Pollution Control Board, Chennai for consideration and appropriate sanction for proceeding further in this regard.
6. It is seen from the report submitted by respondents 1 and 2 that 70% of legacy waste has already been processed and the balance waste will be processed before 31.05.2021 and they want time till that date. However, time can be granted only subject to the orders already passed by Principal Bench in O.A. No. 606 of 2018 for implementation of Solid Management Rules, 2016 on pan India basis and the directions issued by the Principal bench from time to time to the Pollution Control Board to implement the direction in this regard. Further, the Pollution Control Board also appears to be proceeding with the matter and they proposed to initiate action in compliance with the directions of the Principal Bench in O.A. No. 606 of 2018. Under such circumstances and also considering the progress that is going on we feel that some more time can be granted subject to and not in variance to the directions issued by Principal Bench in O.A. No. 606 of 2018 directing 2 Gobichettipalayam Municipality as well as Pollution Control Board to file further status report regarding the progress of the work in Gobichettipalayam Municipality. They are directed to submit the further report as directed on or before 20.05.2021."
2. The case was posted to 20.05.2021 for filing further report and on 20.05.2021, it was adjourned to today by notification.
3. When the matter came up for hearing today through Video Conference, Mr. A. Yogeshwaran represented the applicant. Mr. Sai Sathya Jith represented 1st respondent, Dr. V.R. Thirunarayanan represented 2nd respondent and Mr. C. Kasirajan through Ms. D. Ashwini represented 3 rd respondent.
4. The learned counsel appearing for the 1st respondent submitted that they have filed the additional reply affidavit wherein, they have mentioned that the present status and they wanted time till 31.07.2021 for completion of bio-mining process and projected the pandemic situation being the reason for delay in completion of work.
5. The office informed that the 1st respondent has filed the additional reply affidavit dated 13.06.2021 and it was not signed in the appropriate place by the deponent and the person who had attested.
6. The learned counsel appearing for the 1st respondent submitted that the place of signature has been differed, but in fact, the Commissioner in charge has signed the affidavit and it was attested by the Assistant 3 Engineer, Gobichettipalayam Municipality. But it is not known as to whether the Assistant Engineer, Gobichettipalayam Municipality is a gazetted officer who is entitled to attest the affidavit.
7. When this was pointed out, the learned counsel appearing for the 1 st respondent submitted that he will come with a fresh reply affidavit duly signed at the respective place attested by the competent person.
8. The learned counsel appearing for the applicant submitted that on account of dumping of waste over a prolonged period of time, there was an observation made by the joint committee that the soil test will have to be taken by the Gobichettipalayam Municipality, but such report has not been filed so far.
9. Further, the present status report was not filed by the Pollution Control Board as well.
10. The learned counsel appearing for the 1st respondent also submitted that after removal of legacy waste, they will conduct soil test immediately as directed by the Pollution Control Board and if any remediation is required, they will do the remediation work also. These things can be ascertained only if a detailed report is obtained from the Joint Committee after conducting the soil test as recommended.
11. So under such circumstances, we direct the Joint Committee to file a further report regarding the compliance of the recommendations made by the committee in the earlier reports by the Gobichettipalayam 4 Municipality and also direct to submit a status report regarding the place where now they are disposing the biodegradable and non-biodegradable waste and whether it is in compliance with the Solid Waste Management Rules, 2016 and if there is any violation, what is the nature of action taken by them.
12. The Tamil Nadu Pollution Control Board is also directed to file their independent report regarding these aspects.
13. The Gobichettipalayam Municipality is directed to conduct soil test as directed by the Joint Committee at their own expenses and on the basis of the report, if any remediation process is required, then the Joint Committee is directed to submit a report regarding the remedial measures to be taken to rectify the damage caused to the soil on the basis of the report submitted by the Expert, who is going to be appointed by the Gobichettipalayam Municipality. Soil test will have to be conducted by a Senior Scientist / Professor having expertise in soil science from the Tamil Nadu Agricultural University, Coimbatore.
14. The Expert from Tamil Nadu Agricultural University, Coimbatore appointed by this Tribunal is directed to submit a report to the Joint Committee, so that the Joint Committee can consider that report also when they are filing the final report before this Tribunal regarding the remediation process and further compensation, if any, assessed on account of the damage caused to the soil.
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15. The Expert is also directed to ascertain the nature of damage, if any, caused to the soil on account of the deposit of legacy waste for a long time and whether it has got any impact on the soil as well as ground water in the neighbouring areas and if so, what are the remedial measures to be taken for rectifying the same and assess the environmental damage caused on account of the same and fix the environmental compensation which also will have to be incorporated as part of environmental compensation, apart from the compensation fixed by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018. These things will have to be completed within a period of 2 (Two) months. The committee can conduct soil test from the area where the bio-mining was completed taking that as a representative sample for the entire area, so that the report can be prepared without delay.
16. They are directed to submit a further report as directed on or before 31.08.2021 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.
17. The Gobichettipalayam Municipality is also directed to submit a further compliance report and the status of the disposal of the legacy waste to this Tribunal before that date.
18. The Registry is directed to communicate this order to the members of the committee, Gobichettipalayam Municipality and also to the Tamil Nadu 6 Agricultural University, Coimbatore for deputing the suitable expert as directed by this Tribunal to co-ordinate with the committee to complete the work without delay and also for submission of additional reports as directed by this Tribunal.
19. For consideration of report and hearing, post on 31.08.2021.
Sd/-
.......................................J.M. (Justice K. Ramakrishnan) Sd/-
.............................E.M. (Dr. K. Satyagopal) O.A. No.99/2017, 14th June, 2021. Mn.
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