National Green Tribunal
Nanthivaram Radha Nagar Residential ... vs Tamil Nadu Pollution Control Board on 24 February, 2012
NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Appeal No. 20/2011 and Appeal No. 21/2011
Friday, the 24th day of February, 2012
Quorum:
1. Hon'ble Justice Shri C.V. Ramulu
(Judicial Member)
2. Hon'ble Prof. R. Nagendran
(Expert Member)
B E T W E E N:
Nandhivaram Radha Nagar
Residential Welfare Association
Rep. By its President Mr. P Vetrivelan
Bearing Reg. No. 651 of 2010
Nellikuppam Salai, Nandhivaram
Kanchipuram District
Tamil Nadu .....Appellant
in Appeal No. 20 of 2011
AND
1. I. P. Bhaskar
S/o K. Parthasarathy
18, Brahmin Street
Nandhivaram, Guduvanchery
Kancheepuram District
Tamil Nadu
2. D. Soundarajan
S/o Duraisamy
53, Big Street, Nandhivaram
Tamil Nadu
3. N. R. Narayanasamy
S/o I. Radhakrishnan
68, Big Street, Nandhivaram
Tamil Nadu
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4. K Manickam
S/o R. Kuppusamy
43, Big Street, Nandhivaram
Tamil Nadu
5. R. Veerasamy
S/o R. Rangasamy
80, Brahmin Street, Nandhivaram
Tamil Nadu .....Appellants
in Appeal No. 21 of 2011
AND
1. The Member Secretary
Tamil Nadu Pollution Control Board
76, Mount Salai, Guindy
Chennai - 600 032
Tamil Nadu ....Respondent
in Appeal No. 20 of 2011
2. The District Collector
Kanchipuram District
Kanchipuram
Tamil Nadu ....Respondent
in both the Appeals
3. The Executive Officer
Nandhivaram Guduvancheri
Town Panchayat
Guduvancherry
Kanchipuram District
Tamil Nadu ......Respondent
in both the Appeals
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(Advocates appeared: Appellant not present in both appeals, none appeared for R-2
and R-3 in Appeal no. 20 of 2011, none appeared for R-1 and R-2 in Appeal no. 21 of
2011, Mr. A. Ilango, Advocate appeared for the TNPCB (R-1) in Appeal no. 20 of 2011)
ORDER
(Order delivered by the bench) This matter came up last time for hearig on 04.01.2012. It was informed to the Tribunal that in so far as Radha Nagar residential area is concerned there is no dumping of solid waste, whereas in case of the water body still the garbage is being dumped and this is polluting the water body and the water-area is shrinking. On 10.01.2012 we directed the Nandhivaram Grama Panchayat as well the District Environmental Engineer, Tamil Nadu Pollution Control Board (TNPCB), Kanchipuram District, Marai Malai Nagar, to monitor the situation and also to take out video graphic evidence of the entire area including the water body.
In the presence of the District Environmental Engineer, TNPCB, Kanchipuram District, Marai Malai Nagar, the Executive Officer of Nandhivaram Panchayat videographed the entire area and submitted the Compact Disc (CD) to the Tribunal, to show that there is no pollution caused by the dumping of the waste material in the Radha Nagar Colony or the water body. There is no dispute as to this fact and the Learned Council for the Appellant also admitted the position. However, it is stated that the authorities are not vigilant enough to stop the dumping in both the areas.
Under these circumstances, the two appeals are disposed of directing:
1) The District Environmental Engineer, TNPCB, Kanchipuram District, Marai Malai Nagar who is present in this Court to monitor the situation periodically and report the same to Member Secretary of the TNPCB. The Executive Officer,
3|4 NGT/Order/CKS/02032012/2 pm Nandhivaram Panchayat to take appropriate steps by deputing personnel every alternate day to ensure that there is no dumping of garbage in the water body or Radha Nagar residential area.
2) The District Environmental Engineer, TNPCB, Kanchipuram District, Marai Malai Nagar as well as Executive Officer, Nandhivaram Panchayat to display a Notice Board showing the importance of keeping the water body clean and also warning the people that action will be taken as per law, if any violation is noticed.
3) The petitioner is at liberty to approach this Tribunal, if no reasonable orders are passed and the situation monitored as per law by both the authorities.
Both the appeals are disposed of.
(Prof. Dr. R. Nagendran) (Justice C V Ramulu)
Expert Member Judicial Member
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