National Green Tribunal
P Gengaiyan vs The District Collector on 9 June, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.12:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 179 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
P. Gengaiyan, Thiruvallur Taluk and District
...Applicant(s)
Versus
The District Collector, Thiruvallur and others.
...Respondent(s)
Date of hearing: 09.06.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Mr. A.Athimoolam
For Respondent(s): Dr. V.R. Thirunarayanan for R1 to R3, R5 to R7
Mr./G.M. Syed Nurullah Sheriff for R 4
ORDER
1. The grievance in this application is regarding the illegal sand mining in Periya Eri which is having an extent of 58 acres. According to the applicant, large scale illegal mining is being done in this area without obtained necessary clearances and not complying with the environmental laws. This Tribunal had admitted the matter as per order dated 22.09.2020 1 appointed a Joint Committee to go into the question and submit a report and the case was originally posted to 18.11.2020 for that purpose. Thereafter, the matter has been adjourned from time to time either on the basis of the request made or by notification. Lastly it was adjourned to today by notification dated 28.04.2021.
2. When the matter came up for hearing today, Mr. A.Athimoolam represented the applicant. Dr. V.R. Thirunarayanan represented respondents 1 to 3, 5 to 7, and Mr./G.M. Syed Nurullah Sheriff represented 4th respondent.
3. The Joint Committee has filed a draft inspection note on Joint inspection of Magaral Big tank I in Thiruvallur Taluk and Thiruvallur District dated nil, e-filed on 22.03.2021 and received on 24.03.2021 which reads as follows:
DRAFT INSPECTION NOTES ON JOINT INSPECTION OF MAGARAL BIG TANK I THIRUVALLUR TALUK AND THRIUVALLUR DISTRICT Officers present During Inspection:
Date of Inspection: 20.01.2021
1. Er. C. Podupanithilagam, M.E., Executive Engineer, PWD., Kosasthalaiyar Basin Division, WRD.,Thiruvallur
2. Dr. Preethi, Parkavi, B.S.M.S., Revenue Divisional Officer, Thiruvallur
3. Mr. L. Suresh, M.Sc., Regional Joint Director, Geology & Mining Department, Vilupuram
4. Er. G. Karthigeyan, M.Tech., Assistant Executive Engineer, PWD., Kosasthalaiyar Basin Sub Division, WRD.,Thiruvallur
5. Mr. K. Vijayaraghavan, M.Sc., Assistant Director, Geology & Mining Department, Thiruvallur 2
6. Mr. Ponnumani, M.Sc., Assistant Geologist, Geology& Mining Department, Thiruvallur
7. Er. P. Murali, B.E., Assistant Engineer, SEIAA, Chennai ********* The Magaral big tank in Thiruvallur taluk and district is under the maintenance of Public Works Department / Water Resources Department. It is submitted that, as per the directions of the Hon'ble National Green Tribunal, in O.A No. 179/2020, a committee has been formed to inspect the water spread area, sluice, bund, weir and encroachments in the Magaral tank.
Accordingly, the Joint Committee is carried out inspection in the water sspread area, sluice, Bund of Magaral Tank and encroachments inside Magaral tank on 20.01.2021. During the inspection, it was noticed that there is no water in the tank bed and scrub j jungles were present in the Magaral tank. The encroachments were noticed in the foreshore area of tank by the committee. The committee instructed the Public Works Department officials to take spot levels of the tank bed to verify any low levels below the skill level of sluice. It is also submitted that the committee instructed the Public Works Department officials to carry the detailed study on upstream side tanks and its supply chain to Magaral tank to increase its catchment potential and enhance the storage potential. It is submitted that the Public Works Department instructed to prepare the detailed project report after taking levels and necessary study for storing the water for irrigation purpose as well as ground water recharge. The Public Works Department officials submitted that the Public Works Department was never taken up any desilting / dredging work in this tank and only the renovation works such as bund strengthening, maintenance of sluices and weir was taken up in the year 2011 under the World bank scheme. At present, the Maagaral tank needs to be taken up the renovation works for effectively utilization of tank for irrigation and ground water recharge. Without environmental clearance, no permission is recommended for quarrying operation by the Public works department. Further submitted that, the Maagaral tank supply chain will be studied in detail and the water source to the tank from upstream should be properly identified and restored. During the inspection the committee perused the Assistant Director Geology and Mining records and found that there was no savudu quarry operated / permitted since 2015.
Further it is submitted to state that the committee is decided the following action to be taken at Magaral Tank as Short term plan and Long term plan.
SI. No Action to be taken DEPARTMENT Short term Long term
Plan Plan
Executive -----
1 Ta king detail levels such as Engineer,
Sluice sill level, Tank bed level, PWD/WRD. 15 Days
in-let supply channel level and
Irrigation ayacut levels etc
3
Surveying the tank and Thasildar, ----
2 issuance of Form I & II under Thiruvallur.
the Tamil Nadu Protection of 2 Months
Tanks and Eviction of
Encroachment Act, 2007.,
3 Eviction of Encroachment Thasildar, --- 6 Months
process will be executed in Thiruvallur,
Co- ordination with Revenue Executive
Department
4 Executive ----
Rehabilitation and Restoration Engineer, 1 Year
of the Magaral Tank. PWD/WRD.
4. The applicant has filed a detailed objections to the report submitted by the Joint Committee wherein it was mentioned that nothing has been mentioned about the illegal sand mining alleged and it was also mentioned that the ditches caused on account of illegal mining has gone up to 60 feet or more at various points of Periya Eri. But nothing was mentioned about the alleged illegal mining in the report. Further the opening para of the report itself shows that they have really not understood the purpose for which the Committee was appointed. According to their understanding, the Committee has been formed to inspect the water quality of the area, sewage bunds and encroachments in Magaral Tank but in fact the allegation is regarding sand mining is being done by unauthorised persons without getting necessary clearances or permissions etc and great loss has been caused to exchequer on account of the same. The responsible officers of the Government who are being 4 appointed as Committee members have not correctly understood their responsibility of filing the reports before the Tribunal. They are expected to ascertain the nature of allegations made in the applications for the purpose of which committee has been appointed and they are also expected to mention those things and also if there is any violation found or any illegal mining has been brought to their notice, what is the nature of action taken by them. But quite unfortunately, they have not exercised such a role while preparing the draft inspection note. So under such circumstances, we direct the Committee to go through the application and objections filed by the applicant to the Joint Committee report carefully and come with a proper detailed report regarding the allegations made by the applicant in the application and if there is any violations found, what is the nature of action taken by the regulators in this regard. Whether any damage has been caused to the environment and what are all mechanism adopted to prevent illegal mining in such cases. Though several directions have been given by this Tribunal as the regulatory mechanism to be adopted by the regulators to prevent illegal mining in areas where permissions for mining is being granted either to the Public Works Department or through their contractors as permitted by the PWD on the basis of the clearance granted those things are not reflected in the reports. So, the Committee is directed to file a fresh proper report as directed by this Tribunal on or before 30.07.2021 by e-filing in the form of 5 Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules. Any failure on the part of the Committee in submitting a detailed report addressing all the allegations, the Committee members will be answerable for non-compliance of the directions of this Tribunal as contemplated under Section 25 and 28 of National Green Tribunal Act, 2010.
5. The applicant is also directed to produce any documents or photographs available with them regarding the nature of illegal mining that is said to have been done or if it is continuing regarding the same as well. So, the Committee can come with proper report in this regard. The applicant is also at liberty to file those documents before this Tribunal as well as per Rules.
6. The Registry is directed to communicate this order to the members of the Committee and official respondents by e-mail immediately so as to enable them to comply with the directions.
7. For completion of pleadings and consideration of further report, post on 30.07.2021.
...................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Dr. K. Satyagopal) O.A. No. 179/2020, 9th June, 2021. AM.
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