National Green Tribunal
Mukunnam vs State Of Kerala & Ors on 22 March, 2024
Item No.3 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 80/2024
Mukunnam ...Applicant
Versus
State of Kerala & Ors. ...Respondents
Date of hearing: 22.03.2024
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: None for the Applicant.
Application is registered based on a letter petition received by Email.
ORDER
1. Mr. Mukunnam has sent by email the present letter petition to this Tribunal, which has been treated and registered as O.A. No. 80/2024.
2. The relevant part of the letter petition enumerating grievances of the applicant is reproduced as follows:-
X X X X HON'BLE Chairperson, HON'BLE Judicial Members and HON'BLE Expert Members, National Green Tribunal. Sir, Members of Mukunnam Janakeya Samara Samithi filed a complaint against Kollam District Collector Mrs. Aisana Perveen IAS on 27-07-2023, Thursday at 2 PM complaining that Environmental Clearance should not be given to Galaxy Rocks Quarry which is coming up in Mukunnam Ward.
A household survey of the residents has not been conducted. The opinions of the local residents were not gathered and their concerns were not understood. Questionnaire not submitted. Those coming in the core area have not been considered. State holder consultation not done. A 72-page original complaint was filed by 517 residents of the area.
O.A No. 80/2024 Mukunnam Jajakeeya Samara Vs. State of Kerala & Ors.
2On the same day, a copy of the complaint was also submitted to the including SEIAA and SEAC. Residents are fleeing due to several threats posed by the quarries operating in the area and are succumbing to deadly diseases due to inhalation of airborne dust. Due to overloaded tippers running rampantly and uncontrollably, they not only cause environmental pollution but also cause many accidents. Due to the violent explosion, the wells are stuck and the water dries up. Due to this, drinking water shortage is getting worse. Noise pollution is caused by blasting. Houses crack, windows break, roofs collapse, tiles fall to the ground. Effluent from quarries flows into shallow water bodies causing damage to aquatic biodiversity. These quarries disrupt dream projects like Irapupara tourism. Nature's habitat itself is being altered: Deep craters are formed. If the Green Tribunal do not intervene and take appropriate action, the quarry mafias will turn our village into a burial ground. To protect future generations.
X X X X"
3. Prima facie the averments made in the application raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010.
4. In view of the averments made in the application, we consider it appropriate that a Joint Committee be constituted to verify the factual position and suggest appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of representatives of Kerala State Pollution Control Board, Central Pollution Control Board, Director, Directorate Mining and Geology, Integrated Regional Office, MoEF&CC, Bangalore and the District Collector, Kollam, Government of Kerala and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponents, verify the factual position and suggest appropriate remedial action. The Kerala State Pollution Control Board will be the nodal agency for coordination and compliance.
O.A No. 80/2024 Mukunnam Jajakeeya Samara Vs. State of Kerala & Ors.
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5. Even though in the present case cognizance has been taken by this Bench on the basis of letter petition received by email with approval and assignment under order of Hon'ble Chairperson, but in view of the facts and circumstances of the case including the fact that the place of accrual of cause of action lies within jurisdiction of the Southern Zone Bench of this Tribunal at Chennai, we are of the considered view that it will be appropriate if the case is further heard by the Southern Zone Bench of this Tribunal at Chennai.
6. Accordingly, the Registry is directed to list the matter before the Southern Zone Bench of this Tribunal at Chennai on 24.05.2024 after obtaining orders from Hon'ble the Chairperson for transfer of the case.
7. Factual and Action taken Report by the Joint Committee be filed before the Southern Zone Bench of this Tribunal at Chennai by email at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
8. A copy of this order be sent to the Member Secretary, Kerala State Pollution Control Board, Member Secretary, Central Pollution Control Board, Director, Directorate Mining and Geology, Regional Officer, Integrated Regional Office, MoEF&CC, Bangalore and the District Collector, Kollam, Government of Kerala by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM March 22nd, 2024 n