K Kumaresan vs State of Tamil Nadu

The original application under Section 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) has been registered on a letter petition dated 21.09.2022 sent by K. Kumaresan. Flat 301, BBCL, Nakshatra 1, Corporation Road, Perungudi.

The complainant has said that he is residing at Perungudi Zone of Chennai Corporation which is formed around Pallikaranai Marsh. The site is selected under RAMSAR Convention but systemically has been encroached by private and Government bodies. There was lot of litigations to clear the encroachments but as a matter of fact, there is no substantial progress at the ground level. Biggest encroachment has been done by Greater Chennai Corporation by dumping garbage in the middle of the marshland. Chennai Metro Water is operating 100 MLD STP inside marshland. Mega tanks, clarifiers, occupy acres of marshland, are placed. Central Government Institutions like National Institute of Ocean Technology and National Institute for Wind Energy have raised constructions on this marshland.

We find that a similar complaint of encroachment in the marshland i.e. Pallikaranai marshland, was considered by Southern Zone, Chennai Bench in O.A. 83/2014 (SZ) and O.A. No. 51/2016 (SZ), V. Meganathan Vs. The Chief Secretary to Government, Govt. of Tamil Nadu & Ors.

Both the maters were disposed of vide judgment dated 31.01.2022 and operative part thereof, as contained in para 106 of the judgment, reads as under:-

“106. In the result, both these applications are disposed of as follows:-

(i) The official respondents including the Commissioner Land Administration, District Collector, Forest Department, Survey and Settlement Department are directed to conduct a detailed survey to find out the original extent of the Pallikaranai Marshland on the basis of the revenue records of pre independence era and take steps to remove the encroachments etc. as directed by the Hon‟ble High Court of Madras in CR.O.P. Nos.4413 of 2013 and 22457 of 2015, subject to the further orders to be passed by the Hon‟ble High Court in that case on the basis of the compliance report filed.

(ii) The Chief Secretary, State of Tamil Nadu is directed to appoint a high level committee under his leadership comprising of the Additional Chief Secretary for Environment and Forest, Principal Secretary for Revenue, Additional Chief Secretary for Water Resources Department, Additional Chief Secretary for Municipal Administration and Water Supply, the Principal Chief Conservator of Forest (Head of Forest Force) and Chief Wildlife Warden, the Commissioner – Greater Chennai Corporation, the Managing Director / Chairman – Chennai Metropolitan Water Supply and Sewerage Board, Commissioner Land Administration and the concerned District Collector and District Forest Officer – Chennai who is in charge of the Pallikaranai Marshland in whose jurisdiction the entire marshland falls to evaluate the survey to be conducted and further directions (if any) to be issued so as to prepare an action plan for the purpose of protecting the Pallikaranai Marshland, after identifying the encroachments and steps to be taken for removal of the same and declaring the same as a protected marshland under the Wetland (Conservation and Management) Rules, 2017 or under the Wildlife (Protection) Act, 1972 and Madras Forest Act as the case may be and transfer the same in favour of the respective authority for their future protection and management and implementation of the action plan to be prepared.

(iii) Till this exercise is completed, the interim order passed by this Tribunal in O.A. No.51/2016 (SZ) against the 6th Respondent in that case will continue.

(iv) The Principal Secretary for Environment and Forest and Commissioner Land Administration are directed to file a periodical report of the progress of the implementation of the directions issued by this Tribunal subject to the further directions to be issued by the Hon‟ble High Court of Madras in the decision cited supra once in 6 (Six) Months for consideration and further directions (if any) to be issued.

(v) The Greater Chennai Corporation is also directed to consider the question of handing over of Perungudi dump yard after retrieving the same by adopting the biomining as directed by this Tribunal restricting their area, if it is permissible as per the directions issued by the Hon‟ble High Court of Madras and also further orders to be passed by the Government in this regard in compliance with the directions issued by the Hon‟ble High Court of Madras in the decision cited supra and take steps to hand over the remaining land to the Forest Department to be included as part of the Pallikaranai Marshland in order to restore it to its original position and this direction is subject to the further orders to be passed by the Hon‟ble High Court of Madras in this regard on the basis of the reports to be submitted as directed in the decision cited supra.

(vi) The Tamil Nadu Pollution Control Board is directed to ascertain the quality of the water in the Pallikaranai Marshland and if there is any pollution caused due to discharge of any untreated sewage, then they are directed to take appropriate action against those persons who are responsible in accordance with law.

(vii) The Greater Chennai Corporation as well as the CMWSSB are directed not to discharge any untreated sewage into the Pallikaranai Marshland or do any act in the dumping ground in such a way as to encroach into the water body and pollute the water quality in the water body by their activities. If any such acts have been committed by them in violation of the Solid Waste Management Rules, 2016, Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981, then the Tamil Nadu Pollution Control Board is directed to take appropriate action against them in accordance with law.

(viii) Once the lands are retrieved and handed over to the Forest Department, then the Forest Department is directed to take steps to protect the same against the encroachment and pollution and develop the same as an eco/biodiversity park and make it a good bird sanctuary.

(ix) Considering the circumstances, parties are directed to bear their respective costs in the respective applications.

(x) The Registry is directed to communicate this order to the Chief Secretary, State of Tamil Nadu, Principal Secretary for Environment and Forest, Principal Secretary for Revenue, Principal Secretary for Public Works Department, Additional Chief Secretary for Municipal Administration and Water Supply, Principal Chief Conservator of Forest (Head of Forest Force) and Chief Wildlife Warden, Commissioner Land Administration, District Forest Officer – Chennai who is in charge of the Pallikaranai Marshland, the Commissioner – Greater Chennai Corporation, the Managing Director / Chairman – Chennai Metropolitan Water Supply and Sewerage Board and the concerned District Collector in whose jurisdiction the entire marshland falls, Chairman - Tamil Nadu Pollution Control Board for their information and compliance of directions.

(xi) As and when the periodical report is received, the Registry is directed to place the same before the Bench for consideration and issuing necessary directions, if any required in this regard.”

Since the matter has already been considered and detailed order has been passed by Southern Bench, and periodical monitoring is also undergoing thereat, we do not find any reason to multiply similar issue by entertaining a fresh petition and grant leave to the applicant to approach Southern Bench by placing relevant material, if any, to assist it in further monitoring of the matter pursuant to judgment dated 31.01.2022 passed in O.A. 83/2014 (SZ) and O.A. No. 51/2016 (SZ).

With the above observation, this application is disposed of.