National Green Tribunal
National Green Tribunal Southern Zone vs The Chief Secretary To Govt. Of ... on 7 January, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.02:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 05 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU Based on The
News item in the Indian Express Newspaper Edition Dated:
20.12.2020, "Shrimp hatcheries along ECR have no CRZ clearance".
...Applicant(s)
Versus
(1) The Chief Secretary to Govt. of Tamil Nadu,
Govt Secretariat, Fort St. George
Chennai, Tamil Nadu - 600009
(2) The Secretary to Govt. of Tamil Nadu,
Department of Environment & Forests,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600009
(3) The Chairman,
Tamil Nadu Pollution Control Board,
No.76, Anna Salai, Guindy,
Chennai, Tamil Nadu - 600032
(4) The Member Secretary,
Tamil Nadu Coastal Zone Management Authority,
Department of Environment and Forests,
First Floor, Panagal Building,
Saidapet, Chennai - 600 015,
Tamil Nadu
1
(5) Member Secretary,
Coastal Aquaculture Authority,
5th Floor, Fanepet ,Nandanam,
Chennai-600 035. Tamilnadu, India
(6) The Chief Engineer,
State Ground and Surface Water Resources Data Centre,
Tharamani, Chennai - 600113
(7) The District Collector,
Chengalpet District,
Collector Office, GST Road,
Chengalpattu - 603 001.
(8) The District Collector,
Villupuram District
Collector Office Road,
Moovendar Nagar,
Villuppuram,
Tamil Nadu - 605602
(9) The Block Development Officer
Lathur Panchayat,
Chengalpet District
...Respondent(s)
Date of hearing: 07.01.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Suo Motu by Court
For Respondent(s): Dr. V. R. Thirunarayanan for R1, R2, R4 to
R9
Sri. C. Kasirajan through
M/s . Meena for R3
2
ORDER
1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper reports published in the Indian Express newspaper, Edition, dated 20.12.2020 under the caption "Shrimp hatcheries along ECR have no CRZ clearance" and also in Tamil Hindu newspaper edition dated 21.12.2020, under the caption ",why; gz;izahy; epyj;jb ePu; khriltjhf $wp fhdj;J}u; kf;fs; Kw;Wif Nghuhl;lk;" and also the News Minute, newspaper published on 01.01.2021 under the caption ' 65 hatcheries in coastal TN don't have CRZ clearance, affect fishermen and marine life.'
2. All these newspaper reports complained of mushrooming of shrimp culture and other similar activities in East Coast Road (ECR) region, without obtaining necessary clearance or permission from the concerned authorities namely, Tamil Nadu Coastal Zone Management Authority (TNCZMA) and Coastal Aquaculture Authority (CAA) under the Coastal Aquaculture Authority Act 2005, and Rules framed under. In fact, such activities were brought to the notice in some other areas and on the basis of the directions given by this Tribunal, certain actions have been taken. But in spite of that, no vigil is being exercised by the authorities to prevent such illegal activities being carried 3 on in the coastal area without the intervention of the Court or the Tribunal.
3. The regulating authorities are expected to protect environment and avoid such illegal activities being perpetrated by the miscreants without obtaining necessary permissions which will have a greater impact on environment especially on the marine environment which will adversely impact the soil as well as ground water.
4. Further the impact of such activities in Coastal Zone was considered by the Hon'ble Apex Court in (Jagannath Vs Union of India and others) {1997 2 SCC 87} where in the Hon'ble Apex Court has come heavily on the authorities for not taking action by the authorities against such illegal activities that is being perpetrated along the Coastal region.
5. It is also alleged in the news paper reports that apart from the shrimp culture activity, hatcheries are also operational in these areas which are also not permissible without getting prior clearance from the authorities. They have not obtained valid Consent to Establish or Consent to Operate under the Water (Prevention and Control of Pollution) Act 1974 and Air (Prevention and Control of Pollution) Act 1981 from the authorities.
6. On going through the allegations in the news paper report we 4 are satisfied that there arises a substantial question of environment which requires the interference of this Tribunal for resolving the issue permanently. So the matter is admitted.
7. When the matter came up for hearing for admission today through Video Conference, Sri. Dr. V. R. Thirunarayanan represented respondents 1, 2, 4 to 9 and Sri. Kasirajan through M/s. Meena represented 3rd respondent.
8. In order to ascertain the genuineness of the allegations made in the newspaper report and the action taken, if there any violation found, we feel it appropriate to appoint a Joint Committee comprising (1) The District Collectors of Chengalpet District and Villupuram District (2) a Senior Officer from Tamil Nadu Coastal Zone Management Authority (TNCZMA) (3) a Senior Officer from Coastal Aquaculture Authority (CAA) (4) a Senior Officer from Tamil Nadu State Pollution Control Board (TNSPCB) as designated by its Chairman and (5) a Senior Officer from Ministry of Environment, Forests and Climate Change (MoEF & CC), Regional Office, Chennai to inspect the areas in question and submit a factual as well as action taken report, if there is any violation found.
9. The committee is directed to ascertain the number of such illegal shrimp culture units or hatcheries that are functioning in the area without getting necessary permission from the 5 authorities and what is the nature of impact of such activities on soil and ground water and what are all the nature of action taken by the authorities against such violators including imposition of environmental compensation for the violation committed by them and if there is any damage caused to the environment such as ground water as well as soil contamination the nature of remediation measures to be taken for rectifying the same and the amount required for such restoration.
10. The Tamil Nadu Coastal Zone Management Authority (TNCZMA) will be the nodal agency for co-ordination and also for providing necessary logistics for this purpose.
11. The committee is also directed to submit the report to this Tribunal on or before 25.02.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per rules.
12. The Registry is directed to communicate this order to the official respondents and also members of the committee immediately through e-mail along with the copy of the paper report and the gist of the Suo Motu proceeding with amended full cause title so as to enable them to comply with the direction and for filing their independent response to the allegations made in the newspaper report and filing the report as directed by this 6 Tribunal.
13. For appearance of parties, consideration of report and for completion of pleadings, post on 25.02.2021.
....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No. 05/2021 07th January, 2021, Sr. 7