AI Structured Summary
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Judgment
This original application has been registered on the basis of the news item titled "Landgrabbers take over Cooum" appearing in “The Times of India” dated 11.01.2024. The news item relates to alleged taking over of a stretch of river Cooum in Chennai, Tamil Nadu by the landgrabbers. The news item discloses that the landgrabbers have been dumping loads of sand and debris and leveling a vast area, entering more than 10 feet into the river bed near Koyambedu. It alleges that though this is happening in public view but no official has visited the spot or taken any preventive action. It also alleges that the landgrabbers have even dumped sand inside the river bed itself and brought in earthmovers to level the ground. It discloses that the Tamil Nadu District Municipalities Building Rules, 1972, mandate buffer zones of 15 metres from the margin of the waterways but the landgrabbers are violating it. As per the news item Chennai Rivers Restoration Trust claims to have spent Rs. 500 crore to restore the Cooum, but the river boundaries have not been demarcated on 45% of its course.
The news item raises substantial issue relating to compliance of the environmental norms.
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 following as respondents in this OA:
(i) Tamil Nadu Coastal Zone Management/Regulation Authority, through its Member Secretary
(ii) Collector/District Magistrate, Chennai
(iii) Tamil Nadu Pollution Control Board, through its Member Secretary
(iv) Chennai Rivers Restoration Trust, through Chief Secretary, Government of Tamil Nadu
(v) Water Resources Department, through Secretary, Government of Tamil Nadu
Mr. D. Kumanan, learned counsel accepts notice on behalf of respondent no. 1 and 2 and seeks six weeks’ time to file the response.
Let notice be issued to Respondents No. 3 to 5 to file their response atleast one week before the next date of hearing before the concerned bench of the Tribunal.
Since the matter relates to the Southern Zonal Bench, Chennai, therefore, OA is transferred to the Southern Zonal Bench for appropriate further action. Office is directed to transfer the original record of the OA to Southern Zonal Bench, Chennai.
List before Southern Zone Bench at Chennai on 16.04.2024.
