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Judgment
1) Heard the counsel for the applicant and also for the respondents. The applicant herein has, as could be seen from the averments made, seeks a direction restraining the respondents from granting permission and putting up a Common Solid Waste Management facility in the grazing lands situate in Survey No. 820/1C, to an extent of 99.61 acres of land in Kuthambakkam village.
2) As per the pleaded case, the counsel would submit there is a lake situated near the common grazing land covering an area of about 99.61 acres in Survey No. 820/1C. It came to the knowledge of the applicant that steps have been take for putting up a Common Solid Waste Management facility in that land. The officials of the Corporation of Chennai have visited the site many a time and if allowed, it would certainly affect the water body, the main source of drinking water for the area and also the grazing ground apart from causing damage and degradation to the ecology and environment and hence, a direction has to be given against the respondents from taking any steps therein.
3) In answer to the above, it is contended by the counsel for the Corporation of Chennai that it is true that there is a proposal for putting up a project for Common Solid Waste Management facility in the said land. Pursuant to the G.O. Ms. No. 447, Revenue, dated 21.12.2012, the Government of Tamil Nadu has granted entry permission to the officers of the Corporation of Chennai for the said purpose and thus not even the land has been transferred to the Corporation of Chennai. However, it is true that the officials made site inspection and the said project would fall under the B category according to EIA Notification '2006 in respect of which Environmental Clearance has to be obtained from the Ministry of Environment and Forests, New Delhi and in the instant case, except a site inspection, no other steps have been taken by the Corporation of Chennai. Under the circumstances, the application itself is premature and has to be dismissed.
4) After hearing the submissions of both sides, it would be quite clear that the Corporation of Chennai has got a proposal for a project for Solid Waste Management in the above said land situate in Survey No. 820/IC, Kuthambakkam village. It is also admitted by the Corporation of Chennai that pursuant to the G.O. made by the State Government, the right to entry has been given. Thus it would be quite evident that even the site under question has not been transferred to the Corporation of Chennai, the 7th respondent, for the said project or purpose.
5) Apart from that, it is brought to the notice of the Tribunal that the project would fall under B category according to EIA Notification 2006 and it is needless to say that it has to undergo all the stages before grant of Environmental Clearance. In particular, it has to pass through the step of public hearing. It is always open to the applicant to raise objections not only at the time of public hearing, but at different stages also. What is all said in the application, as per the averments, is only a visit made by the officials of the Corporation of Chennai, and that too, according to the 7th respondent, was only for a site inspection. Hence the contention putforth by the applicant's side that active steps have been taken cannot be countenanced.
6) In view of the availability of opportunity to the applicant to raise objections, both legal and factual, at the appropriate stages, the Tribunal is of the considered opinion that this application has to be disposed of giving liberty to the applicant to raise objections at the appropriate stage(s) and also if necessary, ventilate the grievances before the proper form. Accordingly, the application is disposed of.
No cost.