National Green Tribunal
K.M.Muthusamy Gounder vs Ministry Of Environment Forest And ... on 25 March, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No. 01:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 89 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
K. M. Muthusamy Gounder,
Tirupur South Taluk
....Applicant(s)
Versus
The Ministry of Environment Forest and
Climate Change and others. ....Respondent(s)
Date of hearing: 25.03.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Mr. K.S. Karthik Raja
For Respondent(s): Dr. V.R. Thirunarayanan for R2 to R5
Mr. C. Kasirajan through Ms. D. Ashwini for R3
ORDER
1. The above application has been filed by the applicant alleging that the 6th respondent Association had conducted Jallikattu function on 31.01.2021 in the property belonging to Arulmigu Muthukumara Bala Dhandayuthapani Temple in Alagumalai village in a hillock spreading to an extent of 70 acres. For the purpose of conducting the Jallikattu function, the 6th respondent had dug and excavated a portion of the hillock in the south western region using huge earth 1 removing equipment like JCB and several trees were cut and removed for that purpose.
2. The hillock is having a lot of greenery consisting of huge tress, medicinal plants and various other kinds of trees and shrubs They have not obtained any permission from the authorities including the Forest Department for conducting such function in that area and also for cutting and removing the trees as it is having the characteristics of a deemed forest.
3. It was also alleged in the application that on account of the large scale destruction caused by the 6th respondent for conducting the function, environmental degradation has been caused and thereby damages caused to the environment which will have to be restored. It was also alleged in the application that in the function large scale waste has been generated including plastic waste which has been left over there which also resulted in degradation to the ecology. So the applicant filed this application seeking the following reliefs:-
(i) To declare the Jallikattu function organized by the 6 th Respondent Unit as illegal, unauthorized and in violation of the Environment Protection Act, 1986.
(ii) To grant Permanent Injunction and restrain the 6 th Respondent from carrying on further activities in the hill and adjacent areas;
(iii) To direct the 6th Respondent to pay environmental compensation ad may be determined by this Hon'ble Tribunal.
(iv) To direct the 4th respondent to demarcate lands in the hill belonging to the Temple and protect the same by fencing it;
(v) To direct the Respondents 1 to 3 to initiate criminal prosecution and other appropriate actions against the 6th Respondent for violations of the provisions of the environmental legislations
4. When the matter came up for hearing for admission today through Video Conference, Sri. K. S. Katrhik Raja represented the applicant. Dr. V. R. 2 Thirunarayanan represented respondents 2 to 5 and Mr. C. Kasirajan through Ms. D. Ashwini represented 3rd respondent.
5. On going through the allegations in the application, we are satisfied that there arises a substantial question of environment which requires the interference of this Tribunal for resolving the same. So, the application is admitted.
6. Issue notice to respondents by Registered post with acknowledgement due, by e-mail and also by dusthi if possible and produce proof of service on them by filing proof of affidavit as per rules.
7. The applicant is also directed to serve a copy of the application to the standing counsels appearing for the respondents 2 to 5 within a week and produce proof of such service by filing proper affidavit as per rules.
8. The applicant is also directed to produce necessary requisites along with postal cover and the necessary postal stamps before this Tribunal within a week, so as to enable this Tribunal to send notice to all the respondents through Tribunal, to ensure service on them, so as to enable this Tribunal to proceed against them, if they did not appear in their absence in accordance with law.
9. In order to ascertain the genuineness of the allegations made and also the nature of things alleged in the application and also to ascertain certain characteristics of the area, whether it can be treated as a deemed forest or not and what is the nature of damage caused and to assess the environment degradation and compensation, we feel it appropriate to appoint a joint committee comprising of (1) The District Collector, Tirupur District, (2) a Senior Officer from the Hindu Religious and Charitable Endowments 3 Department (HR & CE) of that area as deputed by its Commissioner, Hindu Religious and Charitable Endowments Department (HR & CE) Chennai, (3) the Divisional Forest Officer (DFO), Tirupur Forest Division and (4) a Senior Officer from the Tamil Nadu Pollution Control Board (TNPCB) as deputed by its Chairman to inspect the area in question and submit a factual as well as action taken report if there is any violation found.
10. The Hindu Religious and Charitable Endowments Department (HR & CE) Chennai will be the nodal agency for co-ordination and for providing necessary logistics for this purpose.
11. The committee is directed to ascertain the nature and the topographical characteristics of that area as to whether it can be taken as a deemed forest as defined by the Hon'ble apex Court in Godavarman's Case, whether any permission is required for conducting such function and if so, whether the 6th respondent had obtained necessary permission to conduct the function or for cutting and removing the trees, what is the nature of damage caused to the environment on account of such activity, whether there is any waste left after the function, which resulted in environmental damage to the area and if there is any damage caused to the environment on account of such activity, to assess the environmental compensation payable and also to suggest the remedial measures to restore the damage caused to the environment.
12. The committee is directed to submit a report to this Tribunal on or before 10.05.2021 by e-filing in the form of searchable PDF/OCR Support PDF and 4 not in the form of Image PDF along with necessary hard copies to be produced as per rules.
13. The applicant is also directed to submit a set of papers to the members of the committee within a week, so as to avoid delay in submitting the report.
14. The Registry is directed to communicate this order along with the copy of the application to the members of the committee and also to the official respondents immediately through e-mail so as to enable them to comply with the direction.
15. For appearance of parties and for filing their response and also for consideration of report, post on 10.05.2021.
..................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O. A. No.89/2021, (SZ) 25.03.2021, Sr. 5