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Judgment
This original application is registered suo motu on the basis of the news item titled "Greater Chennai Corporation identifies 25 hotspots where construction debris gets dumped regularly" appearing in ‘The Hindu’ dated 01.05.2024.
The news item relates to the dumping of construction debris in Chennai, Tamil Nadu. As per the news item, the Greater Chennai Corporation (GCC) has identified 25 dumping hotspots. The article records a statement from a resident saying that debris continues to be dumped in the pathways behind Arupadai Veedu Murugan temple in Basant Nagar since 2018. The news item highlights the plight of the people who live in the city as they face various problems due to such dumping. The news item states that in another hotspot, roughly 7-8 months after over 50 tonnes of waste was cleared by GCC, the waste has reappeared and has been increasing since. The news item discloses rise in the real estate development as one of the issues cited by many which is leading to increase in construction debris. The news item further highlights the top five hotspots identified by GCC for dumping – Otteri Nullah, Mambalam Canal banks, behind Omandurar Tamil Nadu Government Multi Super Specality Hospital, Mylapore Railway Station surroundings, and East Coast Road fringes.
The news item raises substantial issue relating to compliance of the environmental norms, especially compliance of the Solid Waste Management Rules, 2016, the Construction and Demolition Waste Management Rules, 2016 and the Environment (Protection) Act, 1986.
Power of the Tribunal to take up the matter suo-motu 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.
Hence, we implead the following as respondents in the matter:
(1). Tamil Nadu State Pollution Control Board, through its Member Secretary, No. 76, Mount Salai, Guindy, Chennai-600032.
(2). Central Pollution Control Board, through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi-110032.
(3). Greater Chennai Corporation, through its Director, Kosi-Katarmal, Almora-263 643, Uttarakhand, India
(4). District Collector, Chennai, 4th Floor, M. Singaravelar Maaligai, 62, Rajaji Salai, Chennai Collectorate, Chennai –600001.
Issue notice to the above respondents for filing their response before the appropriate Bench of the Tribunal at least one week before the next date of hearing.
Since the matter falls within the jurisdiction of Southern Zonal Bench of the Tribunal, therefore, the OA is transferred to the Southern Zonal Bench, Chennai for appropriate further action. Let the original record of the OA be transferred to Southern Zonal Bench, Chennai.
List before Southern Zonal Bench at Chennai on 24.07.2024.