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Judgment
This original application is registered suo motu on the basis of the news item titled “TN govt forms 20-member committee to mitigate oil spill in Kasimedu harbour” appearing in ‘The News Minute’ dated 11.12.2023. As per the said news report, oil spill has entered the sea from Ennore creek in Chennai and the oil has spilled over 20 sq. km into Kasimedu harbour in north Chennai. The news item further states that the oil slick continues to flow from Manali side through Buckingham Canal. Even five days after spill, no steps to contain further discharge or movement of oil slick into ocean have been taken. As per the news report, the oil spill could potentially threaten the livelihood of the fishermen dependent on the area and cause harm to the marine ecosystem.
The news item raises substantial issue relating to compliance of the environmental laws and the provisions of the Scheduled enactments.
Hence, the matter is taken up in suo motu exercise of power which has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.
Learned Counsel appearing for the Tamil Nadu Pollution Control Board (TNPCB) has submitted that the OA No. 180/2023(SZ) and OA No. 183/2023(SZ) involving the same issue are still pending before the Southern Zone Bench of the Tribunal.
Hence, we deem it proper to transfer this OA to the Southern Zone Bench, Chennai for appropriate further action and hearing the OA along with other OA involving the same issue pending for consideration in that Bench. Registry is directed to transfer the original record of this OA to Southern Zone Bench, Chennai for further appropriate action.
List before Southern Zone Bench, Chennai on 27.02.2024 along with OA Nos. 180/2023(SZ) and 183/2023(SZ).