National Green Tribunal
Ramasubbu vs Union Of India Rep By Its Secretary on 26 July, 2022
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
Item No. 01: Court No.2
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 85 of 2022 (SZ)
(Through Video Conference)
IN THE MATTER OF
V. Ramasubbu, Tirunelveli
...Applicant(s)
Versus
Union of India & ors.
...Respondent(s)
Date of hearing: 26.07.2022.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Mr. Thirumalai Raja
For Respondent(s): Dr. D. Shanmuganathan for R3 and R6
Ms. Gayathri Devi for Mr. Sai Sathya Jith for R4 and
R5
ORDER
1. Alleging illegality in constructing the new Tenkasi Collectorate building, the applicant has moved this Tribunal to stop the construction of the above referred building forthwith on the following grounds:
i. It is stated that the project of the new Collectorate building of the Tenkasi District is 44,960 Sq.m and the proposed construction of the project is 29,621 Sq.m which falls under the category of Schedule 8(a) building and construction projects of EIA Notification, 2006. 1 ii. The construction has commenced without the Environmental Clearance from the 1st respondent. The perusal of the documents would show that as earlier as on 24.12.2021, the 6th respondent had applied to the 2nd respondent for issuance of the Environmental Clearance and it is not known whether the same has been issued or not.
iii. In the event, the Environmental Clearance is not issued the 6 th respondent should not have commenced the construction and proceeded with the same.
2. Since the project is in public interest without hearing the respondent, we do not propose to pass any interim order at this stage.
3. Notice is being accepted by Dr. D. Shanmuganathan for respondent nos. 2, 3 and 6 and Mr. Sai Sathya Jith accepts notice for respondents 4 and 5.
4. Since all the respondents have accepted notice, we are giving a shorter time for them to revert as the project cannot be stalled abruptly.
5. Learned Counsel for the applicant is directed to supply the relevant papers to the Learned Counsels, who have accepted the notice at the earliest.
6. Post the matter on 16.08.2022.
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) O.A. No. 85/2022(SZ) 26th July, 2022. (AM) 2