National Green Tribunal
K.M.Rajis/O. Munuswamy vs Tamil Nadu Pollution Control Board ... on 11 August, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.6 to 8:
NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 82 of 2016 (SZ) &
M.A. No. 141 of 2016 (SZ)
With
Original Application No. 173 of 2016 (SZ) &
M.A. No. 139 & 140/2017 (SZ)
With
Original Application No. 175 of 2016 (SZ) &
M.A. No. 141/2017 (SZ)
IN THE MATTER OF:
A. Paramasivam ... Applicant
Versus
Tamil Nadu Pollution Control Board Chennai
and Others
...Respondents
With
K.M. Raji ... Applicant
Versus
Tamil Nadu Pollution Control Board Chennai
and Others
...Respondents
With
1
S. Srinivasan ... Applicant
Versus
Tamil Nadu Pollution Control Board Chennai
and Others
...Respondents
Date of hearing: 11.08.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
Original Application No. 82 of 2016 (SZ) &
M.A. No. 141/2016 (SZ)
For Applicant(s): M/s. G.Stanley Hebzon Singh
For Respondent(s): M/s. C. Kasirajan through
M/s. Meena for R1 & R2.
M/s. S. Kamalesh Kannan for R3, R4,
R5, R6, R8 & R9.
M/s. L.G. Sahadevan for R16.
Original Application No. 173 of 2016 (SZ) &
M.A. No. 139 & 140/2017 (SZ)
With
Original Application No. 175 of 2016 (SZ) &
M.A. No. 141/2017 (SZ)
For Applicant(s): M/s. R. Saravanakumar
For Respondent(s): M/s. C. Kasirajan through
M/s. Meena for R1 & R2.
M/s. S. Kamalesh Kannan for R3, R5.
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ORDER
1. As per order dated 03.01.2020, this Tribunal had considered the pleadings and interim order passed and also the report submitted by the District Collector and passed the following order:-
"Considering the circumstances we feel it appropriate to get a fresh report from the District Collector, who is the District Level Committee Chairman under the Act, to consider these applications. The Pollution Control Board is also directed to inspect the units and take appropriate action if there is any violation in accordance with law. The District Collector is also directed to take appropriate action against those units which have not registered or not complying with the directions in this regard. The District Collector, Tiruvallur as well as Tamil Nadu Pollution Control Board are directed to submit the reports to this Tribunal within a period of two months.
The authorities are also directed to consider the question of carrying capacity of allowing such activity in that area and also consider the effect on groundwater level on account of this activity. If there is such depletion there, then they are directed to conduct the study whether the activities can be restricted to particular number and take necessary steps in that regard as well, taking into account, the duty of the State Government to protect environment and ecology applying the principle of inter generation equity."
and posted the case to 17.03.2020. On 17.03.2020, the matter was adjourned to 15.05.2020 for filing report. On 15.05.2020, it 3 was adjourned to 29.05.2020 by notification. On 29.05.2020, this Tribunal had granted two months time more for filing the report and posted the case to today for consideration of report.
2. When the matter came up for hearing today through Video Conference, Sri. G. Stanley Hebzon Singh represented the applicant in O.A. No.82/2016, Sri. R. Saravanakumar represented the applicant in O.A. No.173/2016 & O.A. No.175/2016, Sri. C. Kasirajan through M/s. Meena represented respondents 1 & 2 in all the cases, Sri. Kamalesh Kannan represented respondents 3 to 6, 8 & 9 in O.A. No.82/2016 and respondents 3 to 5 in O.A. 173/2016 & O.A. No.175/2016 and Sri. L.G. Sahadevan represented 16th respondent in O.A. No.82/2016.
3. We have received the status report in the form an affidavit filed by the District Collector which reads as follows:-
"2. I humbly submit that the Hon'ble National Green Tribunal, South Zone, Chennai has given following order in Original Application No.82 of 2016 (SZ) and M.A. No.141/2017 (SZ), Original Application No. 173 of 2016 (SZ) and M.A. No.139 & 140/2017 (SZ) and Original Application No.175 of 2016 (SZ) and M.A. No.141/2017 (SZ).
"Considering the circumstances we feel it appropriate to get a fresh report from the District Collector, who is the District Level Committee Chairman under the Act, to consider these applications. The Pollution Control 4 Board is also directed to inspect the units and take appropriate action if there is any violation in accordance with law. The District Collector is also directed to take appropriate action against those units which have not registered or not complying with the directions in this regard. The District Collector, Tiruvallur as well as Tamil Nadu Pollution Control Board are directed to submit the reports to this Tribunal within a period of two months.
The authorities are also directed to consider the question of carrying capacity of allowing such activity in that area and also consider the effect on groundwater level on account of this activity. If there is such depletion there, then they are directed to conduct the study whether the activities can be restricted to particular number and take necessary steps in that regard as well, taking into account, the duty of the State Government to protect environment and ecology applying the principle of inter generation equity."
3) I humbly submit that the Assistant Director, Fisheries has reported that in Thirupalaivanam 1 (Kaanchivayal) Village, they are culturing shrimp in freshwater using Borewell water. The details of the shrimp farms are as follows:
Sl. Village Name Beneficiaries No. of Registration No. Name/Father shrimp and present Name farm status ponds 1 Kanchivayal Dhayalan 2 Applications Jayaraman submitted for registration under DFFDA 2 Kanchivayal Ravi / 3 Applications Kuppureddiyar submitted for registration 3 Kanchivayal Murali/Balu 2 Applications 5 submitted for registration 4 Kanchivayal Nagaraj/Emrose 2 Applications submitted for registration 5 Kanchivayal Paleswaran/ 2 Applications Emrose submitted for registration 6 Kanchivayal Mani / Munusamy 1 Applications submitted for registration 7 Kanchivayal Ramesh/ 2 Applications Munusamy submitted for registration 8 Kanchivayal Surya / 2 Applications Munusamy submitted for registration 9 Kanchivayal Nirmala/ 3 Applications Subramani submitted for registration 10 Kanchivayal Jaysankar/ 1 Applications Munusamy submitted for registration 11 Kanchivayal Rasi/ 2 Applications Ramachandran submitted for registration 12 Kanchivayal Gomathi / 1 Applications Venkadeshwaralu submitted for registration 13 Kanchivayal Srinivasan / 2 Applications Emrose submitted for registration
4) I humbly submit that, a total of 13 farmers are involved in freshwater shrimp culture in Kaanchivayal Village. All have established farms in Patta land. Out of the mentioned 13 people, two have registered in District Fish Farmers Development Agency (DFFDA) and remaining 11 have applied for membership in DFFDA. Necessary steps to make all of them as members of DFFDA are being 6 taken. The mentioned shrimp farms have not affected nearby agricultural land. The agricultural farmers themselves are practicing shrimp farming in their land.
And some of them are also growing coconut trees along the banks of the shrimp culture ponds and involved in integrated shrimp farming activities. No harmful antibiotics or chemicals are being used for shrimp culture. The water from the shrimp culture ponds are actually being used as fertilizer for agricultural crops. Therefore, it is evident from the field inspection that the shrimp culture activities are not being harmful for agricultural practices.
5) I humbly submit that, the Assistant Director, Fisheries has further stated that, the shrimp farms in Thirupalaivanam 2 (Onpaakam) and Paakam village are situated within 2 Kms from Pazhaverkadu estuary which comes under the purview of Coastal Aqua Culture Authority. A total of 16 farmers are involved in shrimp culture in Thirupalaivanam 2 (Onpaakam) and Paakam village. All the 16 farms in Thirupalaivanam 2 (Onpaakam) and Paakam village are culturing shrimp in brackish water. These farms are mandated to be registered with the Coastal Aquaculture Authority, the details of which are as follows:
Sl. Village Name Beneficiaries No. of Registration and No. Name/ Father Shrimp Present Status Name Farm Ponds 1 Onpakkam Raji / 2 Application not Ramachandran submitted for registration 2 Onpakkam Ganeshan 2 Application not submitted for registration 3 Onpakkam Arul/ Alaiyappan 4 Application not submitted for 7 registration 4 Onpakkam Thirusangu 8 Application not submitted for registration 5 Onpakkam Shri Ramulu / 4 Registered under the Rathinam act of CAA 2005.
Registration Number TN-11-2017(1300) 6 Onpakkam Kabali/ 4 Application not Sivalingam submitted for registration.
7 Pakkam Srinivasan 2 Registered under the act of CAA 2005.
Registration Number TN-11-2017 (0022).
Renewal application
not received and
necessary steps to do
the renewal process.
8 Pakkam Chandran / 2 Not in cultured.
Iyyavu Cultured in
porompoke land and
Pond was
demolished by
Revenue officials.
9 Pakkam Arun/ 2 Application not
Venkadakrishnan submitted for
registration. Pond
culture is not carried
out presently.
10 Pakkam Anandh 5 Registered under the
act of CAA 2005.
Registration Number
TN-11-2017 (0033).
Renewal application
not received and
necessary steps to do
the renewal process.
11 Pakkam Baskaran / 4 Applications
Rathinapandhiyan submitted for
registration under
CAA 2005 and
8
DFFDA. Shrimp
Culture carried out
presently.
12 Pakkam Renuka / 1 Applications
Sakthikumar submitted for
registration under
CAA and DFFDA.
Shrimp Culture
carried out presently
13 Pakkam Sakthikumar / 4 Applications
Rathinapandhiyan submitted for
registration under
CAA and DFFDA.
Shrimp Culture
carried out presently
14 Pakkam Shanmugasakila / 3 Applications
Sakthikumar submitted for
registration under
CAA and DFFDA.
Shrimp Culture
carried out presently
15 Pakkam Rajkumar / 1 Applications
Rathinapandiyan submitted for
registration under
CAA and DFFDA.
Shrimp Culture
carried out presently
16 Pakkam Sivachitra / 1 Applications
Ramkumar submitted for
registration under
CAA and DFFDA.
Shrimp Culture
carried out presently
6) I humbly submit that, the farms in Paakam and Onbakkam villages are situated within 2 Kms from the Pazhaverkadu estuary and these areas are surrounded by brackish water and are not suitable for agriculture. In order to make such areas usable to motivate the shrimp farming the Coastal Aquaculture Authority was established during the year 2005. It was inferred from the field inspection that there are no agricultural lands surrounding the shrimp farms in Paakam and Onbakkam 9 villages and hence there is no possibility of harmful effects on agriculture.
Conclusion:
I humbly submit that as inspection made by the official concerned, the details are revealed as follows:
SHRIMP FARM DETAIL - PONNERI TALUK When applied for permission Patta Land or Encroachment Whether in operation today/ Expiry of the permission/Is Whether located in CZ area Capacity & Extent of Pond of not, when last operated Name of the Shrimp Farm the permission live today In operation from when Distance from another nearest shrimp farm permission granted When was the first Source of Water Survey Number Operator Village Sl. No In 19-6. Dhayal Kaa operat 100-
17- an / Bore 27.03. 1 1 nchi Patta - - 2019 ion 150 No 2,3,6, Jayara well 2020 acre yal condit m 16-3 man ion In Ravi/ operat 100- Kaa 20- 27.03. 1 2 Kuppur Bore - - 2019 ion 150 No nchi Patta 8,9,10 well 2020 acre yal eddiyar condit m ion In Kaa Murali/ operat 100- 3 19-4,5 Bore 27.03. - - 2019 1 nchi Patta ion 150 No Balu well 2020 acre yal condit m ion 22- Nagaraj In Kaa 4,5,6B operat 100- 4 / Bore 27.03. - - 1 nchi Patta 2019 ion 150 No ,26- well 2020 acre yal Emrose condit m 13B ion Palesw In Kaa operat 100- 5 24-1 aran/ Bore 27.03. - - 1 nchi Patta 2019 ion 150 No well 2020 acre yal Emrose condit m ion Kaa Mani/ In 100- 6 22-6A Bore 27.03. - - 1 nchi Patta 2019 operat 150 No Munus well 2020 acre yal ion m 10 amy condit ion Rames In 100 Kaa h/ operat 7 21-3 Bore 27.03. - - - 1 nchi Patta 2019 ion No Munus well 2020 150 acre yal condit m amy ion In Surya/ operat Kaa 100- 8 22-6A Munus Bore 27.03. - - ion 1 nchi Patta 2019 150 No well 2020 acre yal amy condit m ion 1/1,4/ 1,10/1 ,4/3,4 In Nirmala 22. /6,5/1 operat 100- Kaa / 22.05. 05. 2.5 9 ,2,3,50 Bore - 2017 ion 150 nchi Patta No Subram well 2017 20 Acre yal /1B2, condit m ani 17 52/1,5 ion 1/2,3, 53/2 Jaysan In 100- Kaa kar/ operat 10 18-7,8 Bore 27.03. - - 150 1 nchi Patta 2019 ion No Munus well 2020 acre yal condit m amy ion Rasi/ In 100- Kaa Ramac operat 11 10-2,3 Bore 27.03. - - 150 1 nchi Patta 2019 ion No handra well 2020 acre yal condit m n ion Gomath i/ In 100- Kaa operat 12 24-3, Venkad Bore 27.03. - - 150 1 nchi Patta 2019 ion No well 2020 acre yal eshwar condit m ion alu Sriniva In 100- Kaa operat 13 24-2,4 san/ Bore 27.03. - - 150 1 nchi Patta 2019 ion No well 2020 acre yal Emrose condit m ion Onp Raji/ Cree In 250- operat 2 14 akka - Patta Ramac k - - - 2018 ion 300 Yes Acre m handra Wate condit m ion 11 n r In 250- Cree Onp Ganesh operat 2 15 - k - - - 2018 300 akka Patta ion Yes an Wate Acre m condit m r ion Arul/ In 250- Cree Onp operat 3 16 - Alaiyap k - - - 2018 300 akka Patta ion Yes Wate Acre m pan condit m r ion In 250- Cree Onp Thirusa operat 3 17 - k - - - 2018 300 akka Patta ion Yes ngu Wate Acre m condit m r ion Regist ered undue the act of Shri 189/2 CAA ramulu In 250- Cree Onp A,2D,2 2005. 20 202 operat 3 18 / k 2017 300 akka Patta ion Yes E,2B,2 Wate Regist 17 2 Acre m Rathina condit m r F,2C ration ion m Numb er TN- 11- 2017 (1800) Kabali/ Not In 250- Cree Onp operat 3 19 - Sivaling k applie - - 2018 300 akka Patta ion Yes Wate Acre m am d condit m r ion Not In Cree Pakk Sriniva operat 400- 2.5 20 - k applie - - 2018 Patta ion Yes am san Wate 500 Acre d condit r ion Pond was Chandr Cree Not demoli Poro 21 Pakk - an/ k applie - - - shed - - mbok Yes am Wate e Iyyauv d by r Reven ue 12 Officia ls Arun/ Cree Not Not in 250- Venkad 2 22 Pakk - k applie - - - operat 300 Patta Yes am akrishn Wate Acre r d ion m an Regist ered undue the act of In CAA Cree operat 150- 2005. 20 3 23 Pakk 150 Anandh k - - ion 200 Patta Yes am Wate Regist 07 Acre r condit m ration ion Numb er TN- 11- 2007 (0033) Un der Baskar Cree scr an/ In 50- 142- k 31.07. uti operat 2 24 Pakk Rathina - 100 Patta 2019 ion Yes am 5,6,1 Wate 2019 ny Acre pandhi condit m r of ion yan DL C Un der Renuka scr In 50- Cree 141- / uti operat 2 25 Pakk k 31.07. - 100 Patta 2019 ion Yes am 2A, 2B Sakthik Wate 2019 ny Acre condit m r umar of ion DL C 138- Sakthik Un In 50- Cree operat 2 26 Pakk 6,7A,7 umar/ k 31.07. der - 100 Patta 2019 ion Yes am Wate 2019 Acre B Rathina scr condit m r ion 13 pandhi uti yan ny of DL C Un der Shanm In scr ugasaki Cree operat 50- uti 2 27 Pakk 140-2 la/ k 31.07. - 2019 ion 100 Patta Yes am Wate 2019 ny Acre Sakthik r condit m of umar ion DL C Un der Rajkum scr ar/ In 50- Cree 137- 31.07. uti operat 2 28 Pakk Rathina k - 2019 100 Patta ion Yes am 2,5,6 Wate 2019 ny Acre pandiy condit m r of ion an DL C Un der Sivachit scr In 50- Cree ra/ 31.07. uti operat 1 29 Pakk 137-4 k - 2019 100 Patta ion Yes am Ramku Wate 2019 ny Acre condit m r mar of ion DL C
I humbly submit that, the shrimp farmers in Pakkam and Onbakkam village have applied for registration and their application is under scrutiny by the District Level Committee including Agriculture, Revenue, and Forest and Fisheries Department. Additionally, the other farmers, who have not applied for registration have been instructed 14 to do the same at the earliest, failing which, necessary action would be initiated against them.
It is therefore humbly prayed that this Hon'ble Court may be pleased to accept the affidavit and thus render justice."
4. It is seen from the report that there are 13 persons involved in fresh water shrimp culture and they have not obtained any prior permission and some of them have filed applications which are under process.
5. It is seen from the table attached in the conclusion portion that there are about 29 such shrimp cultivation project going on and all of them are doing the operation without getting necessary permission including CRZ clearance if any, as contemplated in the decision reported in Jagannath Vs. Union of India AIR 1997 SC 811.
6. It is not clear from the report whether they have obtained any CRZ Clearance from the authorities. It is also seen from the schedule attached in Para No.3 of the affidavit that 13 persons have applied for registration under the Coastal Aqua Culture Authority Act. It is also seen from the report that bore wells have been dug for drawing water and also drawing water from creek. It is not known as to whether they have got permission for the same as well and also regarding status of that area regarding the availability of ground water.
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7. It is not known why the authorities are shutting their eyes and not taking any steps to close down these units, if they are operating without getting necessary permission.
8. Further, it is not clear from the report as to why they have not imposed any environmental compensation for illegal operation of the units without getting necessary permission as required under law.
9. So under such circumstances, we are compelled to pass an order directing the District Collector who is the authority under the Coastal Aqua Culture Authority Act to grant permission to close down those units which are operating without getting the permission from the concerned authorities and disconnect the electricity connection of those units as mere pendency of their application for registration will not ratify their illegal act and file an action taken report to this Tribunal in compliance with the direction issued by this Tribunal today.
10. The committee is directed to assess the environmental compensation for unauthorized operation of the units without getting necessary permission, that to in CRZ zone.
11. Even as per Jagannath case sited supra, no such activity is permissible under the CRZ zone. So under such circumstances, why authorities are shirking their responsibilities in not taking the action against those persons? So, they are directed to take 16 action against those persons in accordance with law by issuing direction to close down the units which are conducting their units without getting necessary permission and also in prohibited zones and submit a status report to this Tribunal.
12. Sri. Kamalesh Kannan, learned State counsel brought to the notice that the order of the Hon'ble High Court of Madras dated 29.06.2020 in Suo Motu Writ Petition No.7413/2020, the following portion "This Court, by order dated 26th March, 2020, in exercise of the powers under Articles 226 and 227 of the Constitution of India read with Sections 482 and 483 of Cr.P.C., keeping in view the extraordinary situation, on account of the public announcement by the Government of India for complete lockdown in the entire nation due to Covid-19 Pandemic, has passed the following order:-
"1. In exercise of the powers under Art.226 and Art.227 of the Constitution of India read with Sec.482 and Sec.483 of Cr.P.C, keeping in view the extraordinary situation which has arisen, it appears appropriate to undertake extraordinary remedies by issuing certain directions in order to ensure the smooth administration of justice and prevent any form of obstruction or miscarriage of justice.
2. All interim orders passed by the High Court at Madras Bench that were subsisting as on 20 March, 2020 may stand extended till 30h April, 2020 unless vacated or modified 1/6 Suo Motu W.P.No.7413 of 2020 earlier or until further orders of the Court unless specifically dealt with by any judicial order to the contrary.17
3. All orders of eviction, dispossession or demolition which have not been executed till date on the orders of the High Court, District Courts or the Civil Courts, the same shall remain in abeyance till 30 th April, 2020 unless vacated or modified earlier by any judicial order passed by the appropriate forum by which it was issued.
4. All orders passed by the Courts exercising criminal jurisdiction having granted bail, anticipatory bail or parole etc., for a limited period which are likely to expire on or before 30th April, 2020 shall stand extended till 30 th April, 2020 subject to any orders passed by the said forums even before the said expiry date or thereafter to enable the respective courts to deal with any abuse of the orders of the concerned party.
5. The aforesaid directions may be subject to any orders to the contrary having been passed by the Hon'ble Supreme Court of India in any particular matter.
6. It can also be clarified that in case the extension of the interim orders causes undue hardship of any extreme 2/6 Suo Motu W.P.No.7413 of 2020 nature to any of the parties to such proceedings or a matter of extreme urgency being indicated by the State or its authorities, they would be at liberty to seek appropriate relief as may be advised.
7. Such interim orders or directions which are not of a limited duration shall continue to operate and will remain unaffected.
8. General encroachment drives, State revenue recovery measures, proceedings relating to demolition and eviction and other actions that are likely to give rise to an immediate litigation in the High Court may be kept temporarily in abeyance subject to any measures for 18 which advise may be sought from the learned Advocate General."
13. Which was subsequently extended to 31.07.2020 with certain directions. We do not think that this will prevent the statutory authorities from passing orders against the polluting units operating without getting necessary permission or consent by issuing notice to such units for closing their units till necessary permissions are obtained.
14. The Hon'ble Supreme Court also reiterated the principle of applying the "Polluter Pays" principle to recover the compensation from the persons who are violating the CRZ Notification 1991 and 2011.
15. The committee is also directed to assess environmental compensation for illegal act committed by these persons for violating the rules as directed by this Tribunal in several cases applying the norms and guidelines given by the Central Pollution Control Board in this regard.
16. The committee as well as the District Collector are directed to file further report and action taken as well as status report in view of the order passed today on or before 24.09.2020 by e- filing.
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17. The District Collector is also directed to pass an appropriate order in the application for regulation pending with them in accordance with law without delay.
18. The Registry is directed to communicate this order to members of the committee as well as the District Collector, Tiruvallur so as to enable them to comply with the direction.
....................................J.M. (Justice K. Ramakrishnan) ..............................E.M. (Shri. Saibal Dasgupta) O.A. No.82/2016 & M.A.141/2016, O.A. 173 & 175 of 2016 & M.A. 139 to 141/2017, 11th August, 2020. Mn.
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