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Judgment
At the outset it is to be noted that this application has been filed by the President of Keerapakkam Panchayat whose term of office has already come to an end. Even otherwise, the prayer in this application is to set aside the proceedings of the 2nd respondent - District Collector dated 8.8.2016 wherein the District Collector has earmarked 20 acres of land in Survey No.99/1 of Keerapakkam Village to enable 13 Village Panchayats and 7 Town Panchayats to establish Common Solid Waste Management Facility by adopting the cluster approach. Since it has been the case of the applicant that the area earmarked by the District Collector is located near the water bodies, we directed the District Collector to file a report.
The District Collector in his reply dated 5.5.2017 has reproduced the report of the Tahsildar, Chengalpet who was directed to find out the actual distance between the water bodies and the proposed site for establishing Solid Waste Management Facility. In respect of 13 Villages and 7 Town Panchayats which are stated therein, the District Collector has found that water bodies in all these Villages and Town Panchayats are beyond 200 m from the place where the Solid Waste Management Facility is proposed. The particulars given in the reply of the Collector in this regard are as follows:
Sl
Village Name
Survey
Extent
Classification
Distance from the
No
No
(ha)
proposed site
(m)
1
No.16 Nallambnakkam
310,311,312
28.74.5
Periya Eri
2400
2
No.13 Arungal
216
23.38.0
Periya Eri
800
3
No.17 Murugamangalam
92
14.24.0
Murugamanga
2500
Lam Eri
4
No18 Keerapakkam
81
17.38.0
Keerapakkam
500
Eri
5
No.12 Oonamancheri
103/2
31.97.0
Chitheri
4400
329
46.46.5
Periya Eri
3800
6
No.19 Kumizhi
233/2
12.23.0
Eri
2200
7
Kannivakkam
148
48.82.0
Periya Eri
2500
A reference to the said particulars clearly shows that all these Villages and Town Panchayats are away from the water bodies and the nearest water body Kerapakkam Eri is 500 m away from the proposed site. In as much as it is admitted that as per the siting criteria the minimum distance should be at least 200 m away from the water body for the purpose of implementing the Solid Waste Management Scheme, we have no doubt in our mind that the water bodies in the said Villages and Town Panchayats forming part of the cluster, are away from the proposed site and there is absolutely no impediment for the proposal of the District Collector to be implemented.
Even before implementation, the authorities have to approach the State Pollution Control Board (Board) and State Environment Impact Assessment Authority (SEIAA) for the purpose of authorisation and EC respectively and the Board as well as SEIAA have to verify the correctness of the distance factor. In view of the above said fact, EC is required for the purpose of Common Solid Waste Management Facility as per the EIA Notification, 2006. We are unable to accept the contention of Mr. Devendran, learned counsel appearing for the applicant that even though the proposed site is 500 m away from the nearest water body i.e., Keerapakkam Eri, there are small hills nearby and there is every possibility for water getting stagnated at the site and it has to be protected. When once criteria has been fixed based on scientific knowledge, it is not for this Tribunal to go against the criteria, unless the same is set aside in the manner known to law.
For all these reasons, the application fails and the same stands dismissed. There shall be no order as to cost.