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Judgment
There is no representation on behalf of the applicant. The records show that on previous occasion also the applicant has not been represented. However, the learned Government Pleader appearing for 1st and 3rd respondents District Collector as well as Colachel Municipality, Kanyakumari District has complained about the NOC issued by the 2nd respondent to the 3rd respondent for the construction of Municipal Solid Waste (MSW) Management Project at Resurvey No.204/1-10 at Colachel Village, Kalkulam Taluk, Kanyakumari District. The 2nd respondent has granted NOC for the said Project on 05.11.2013. According to the applicant, the 2nd respondent has failed to take note of the provisions of the CRZ Notification 2011 and the project site is within the prohibited distance as per CRZ Notification, 2011
2.. In the reply filed by the 3rd respondent Municipal Commissioner, it is clearly stated that MSW facility which is proposed by the Municipality, is outside 500 meter line and is not within CRZ, as alleged by the applicant. It is further stated that the facility is within the permissible limit as per the CRZ Notification. It is reiterated in paragraph 17 of the reply filed by the 3rd respondent dated 02.08.2014 that the project is situated within the CRZ region is false and in fact it is beyond 500 meters from the High Tide Line and the water body is not a drinking water or agricultural source and the same is a waste water from the residential areas and the various residential areas mentioned by the applicant are not located near the MSW facility in Survey No.204/1 and the nearest residential locality is atleast 500 meters. Paragraph 17 of the above affidavit is reproduced as follows:
"The various objections of the petitioner are all short sighted and without any appreciation of the actual efforts undertaken by the Respondent herein in tackling the menace of overflowing solid wastes of the local body. It is submitted that the objection as if the land is within the CRZ and that it is in a Water body are all firstly baseless and false. The land as already submitted is situated beyond the 500 meter line from the High Tide Line and further, water body is not a drinking water or agricultural source, it is nothing but the waste water from the residential areas that have been constructed on the Uppalam Poromboke that have been constructed after the Tsunami in 2004. The various residential areas named by the applicant are not near the MSW facility in S.No.204/1 and the nearest locality is atleast 500 meters."
In view of the categoric stand taken by 3rd respondent to the effect that the project site is not within the prohibited distance prescribed in the CRZ Notification 2011, we are of the considered view that the applicant is not entitled for any relief sought for in the application.
Accordingly, the application stands closed. There shall be no order as to cost.