National Green Tribunal
K.M.Rajis/O. Munuswamy vs Tamil Nadu Pollution Control Board ... on 13 October, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.5 to 7:
BEFORE THE 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:
Versus
Tamil Nadu Pollution Control Board,
Chennai and. Others
S. Srinivasan Applicant
ON Versus
Tamil Nadu Pollution Conti oard,
Chennai and Others
... Respondents
Date of hearing: 13.10.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
0.A. No. 82/2016 & M.A. No.141/2016:
For Applicant(s): Sri. G.Stanley Hebzon Singh For Respondent(s): Sri. C. Kasirajan through M/s. Meena for R1 & R2.
Sri. S. Kamalesh Kannan for R3 to R6, R8 & RY.
Sri. Gokul Krishnan for R13.
Sri. L.G. Sahadevan for R16.
O.A. No. 173/ 2016 & M.A. No.139 & 140/2017 & O.A. No. 175/ 2016 & M.A. No. 141/2017:
Sri. R. Saravanakum For Respond Sri. C. Kasirajan thro h M/s. Meena for R1 & Sri. S. Kamalesh Kannai: for |] No.173/2016 & O.A. No.175/2016, Sti. 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, Sri. Gokul Krishnan represented 13" respondent in O.A. No.82/2016, Sri. L.G. Sahadevan represented 16" respondent in O.A. No.82/2016 and Sri. K. Mahendran represented respondents 6 to 12 in O.A. 173/2016 & O.A. No.175/2016.
. Sri. Kamalesh Kannan, the learned counsel submitted that the committee members have inspected the area and now found that 119 units are functioning without license and steps are being taken to close down the same and they submitted a report today morning only.
. The learned counsel appearing for the applicant in O.A. No. 173/2016 and O.A. No.175/2016 submitted that they hav filec an affidavit along eport of the Agriculture Department showing that soil is not fit for cultivation but we have not received the same.
"Action Taken Report filed by the District Collector, Tiruvallur District.
I, Mageswari Ravikumar D/o. (Late) Ramasamy, Hindu, aged about 44 years, residing at Camp Office, Master Plan complex, Tiruvallur do hereby solemnly affirm and sincerely state as follows:-
2. I humbly submit that the Hon'ble National Green Tribunal, South Zone, Chennai in its order dated 24.09.2020 in the Original Application No. 82 of 2016 (SZ) and M.A. No.141/2017 (SZ), Original Application Nos. 173 of 2016 (SZ)and M.A. No.139 & 3 140/2017 (SZ) and Original Application No. 175 of 2016 (SZ) and M.A. No.141/2017 (SZ) has given following direction:-
"10. So we feel that some opportunity can be given to the applicant to submit their objections to the report and thereafter, it will be better to pass further orders in this regard. In the meantime, the District Collector, as well as the committee can proceed with the further action to be taken on the basis of the present report against those persons whom they found to be conducting the units illegally and submit the further action taken report as directed in the earlier paragraphs.
11. The committee as well as the District Collector is directed to submit the report to this Tribunal on or before 13.10.2020 by e-filing along with required hard copies to be roduced as per Rules."
3. I humbly submit that, as directed b Green Tribunal, Southern Zone, Chennai, and 10.10.2020 under the Chairmanship of the Dis Tiravallur and given necessary instructions to th owners of the Shrimp Culture through registered post vide his letter Re. No.704/A3/2020/1-11 Dated 06.10.2020 to remit the Environmental Compensation and served to the Shrimp farms owners on 08.10.2020, with 7 days time to remit the amount.
SL Beneficiaries Name/ | Village Name Environmental No. | Father Name Compensation amount fixed per Unit 1 Raji S/o. Ramachandran | Onpakkam Rs.3,93,750/-
2 Ganeshan Onpakkam Rs.3,93,750/-
43 Arul S/o. Alaiyappan Onpakkam Rs.3,93,750/- 4 Kabali S/o. Sivalingam Onpakkam Rs.3,93,750/- 5 Srinivasan Pakkam Rs.3,93,750/- 6 Baskaran S/o. Pakkam Rs.3,93,750/- Rathinapandhiyan 7 Renuka S/o. Pakkam Rs.3,93,750/- Sakthikumar 8 Sakthikuarm S/o. Pakkam Rs.3,93,750/- Rathinapandhiyan 9 Shanmugasakila S/o. Pakkam Rs.3,93,750/- Sakthikumar 10 Rajkumar S/o. Pakkam Rs.3,93,750/- Rathinapandiyan 11 Sivachitra S/o. Pakkam Rs.3,93,750/- Ramkumar 12 Thirisangu S/o. Ennore, Chennai Rs.3,93,750/- arajan \ Fhiru. Sri Ramalu S/o. Thiruppalaivanam | Rathinam Thiru. Arul S/o. Cuddalore Venagateshwaran Thiru. Ananth Thiruvanmiyur, Chennai 09.10.2020: ; The results of samples are awaited. After made detailed filed verification Gn the fresh water shrimp farms, it was clearly evident that the shrimp farmers, who were registered in a District Fish Farmers Development Agency, were culturing shrimp culture instead of Prawn Cultures. Hence, the environmental compensation has been calculated as on 12.10.2020 as follows:-
Environmental Compensation (EC): PI*N*R*S*LF :50*83*250*0.5*1 : Rs.5,18,750/-
Hence, the Environmental Compensation calculated by the committee is Rs.5,18,750/- for each unit, totally Rs.67,43,750/- for 13 units.
6. I humbly submit that as ordered by the Hon'ble National Green Tribunal in its order dated 24.09.2020 in O.A. Nos.82/2016, 173/2016 & 175/2016 filed by A. Paramasivan, K.M. Raji and S. Srinivasan, the Committee consisting of the Deputy Director of Agriculture, Tiruvallur, the Assistant Director of Fisheries, Tiruvallur, the Revenue Divisional Officer, Ponneri and the District Environmental Engineer, Tamil Nadu Pollution Control Board, Gummidipoondi have jointly inspected the units which are running in the areas on 08.10.2020 and 09.10.2020 and submitted their report on 10.10.2020 as detailed below:
(A) Shrimp farms comes under G astal Aquaculture of Total No. of Shrimp farms identified in the area o Brackish Water Culture No. of cases License issued by CAA (Coastal Acqua The Assistant Director of Fisheries, ri has stated that, tone having valid license and in out of 18: ackish water farms. 2 21 cases they have applied for renewal. He also stated that the remaining 119 shrimp farms including 59 applicants who applied for grant of new license are functioning without obtaining permission from the Coastal Aquaculture Authority and requested to take action for closing. The Assistant Director of Fisheries has further requested the District Level Committee to consider the 21 renewal applications submitted by the shrimp farm owners.
(B) Shrimp culture carried out in fresh water:
SI.
Subject No. of Ponds Total No. of Fresh water Shrimp farms 113 6 2 Not registered under DFFDA 71 3 Registered in DFFDA (District Fish Farmers | 42 Development Agency) The Assistant Director of Fisheries has stated that, in respect of Inland Shrimp farming, a proposal has been seen to the Government of Tamil Nadu by the Department of Fisheries regarding regulation of Inland shrimp farming. It is still under the consideration of Government. Hence, the Assistant Director of Fisheries has requested the Committee action may be taken to temporality suspend the activities in all the 113 fresh water shrimp farms which are functioning without getting any order.
7. I humbly submit that, the District Level Committee has ssistant Director of ully pursued the reports submitted by 'Fisheries, Ponneri and given following diréétion the officials oncered.
i, The Assistant Director of Fisheries, Ponneri and the which are functioning without getting necessary permission and action is being taken to close down those units.
7. So, the committee is directed to submit a further report regarding the further action taken and also conduct further soil analysis on the basis of the report submitted by the applicants in O.A. Nos. 173 & 175 of 2016 and incorporate the result of the same in the further report to be filed.
78. Though, they have mentioned that certain environmental compensation has been imposed against certain units, it is not mentioned as to whether the environmental compensation has been realized or not and what is the action taken by them for realization of that amount in accordance with law.
9. The committee is also directed to include these aspects in the further report to be filed.
10. er directi direction as mentioned in the affidavit filed on behalf of the villagers by one of the villager and also submitted by the learned counsel namely, M/s. Lilly Victoria who represented those persons.
11. The committee is directed to submit a further action taken report to this Tribunal on or before 18.12.2020 by e-filing along with necessary hardcopies to be produced as per Rules.
812, For consideration of further report, post on 18.12.2020 beseeeececccceeeuseeesssseeeuaaeess J.M. (Justice K. Ramakrishnan) siceeceeeessseeeeeeeeeseaaees E.M. (Shri. Saibal Dasgupta) O.A. No.82/2016 & M.A.141/2016, O0.A. 173 & 175 0