BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Application No. 283 of 2013 (SZ)
IN THE MATTER OF:
Mathur Grama Kudiyiruppor Podu Nala Sangam (Reg.No.295/90) Rep. by its President M.P. Palani No.31, Mathur Manali Post Chennai.600 068
...
AND 1.The District Collector Thiruvallur District Thiruvallur. 2.The Tamil Nadu Pollution Control Board 76, Mount Road Guindy Chennai.600 032 3.M/s.S.S. Aqua Power 103, Kamarajar Salai Peria Mathur-68
4. M/s. M.S.R. Aqua Peria Mathur
5.M/s. Karunaya Enterprises Ellai Darisu Salai Manjambakkam
6. M/s. Annais Aqua Assizee Nagar Manjamkuppam 7. The Chief Engineer
Applicant(s)
Public Works Depaertment Tharamani Chennai 8.M/s.K.K. Aqua Product Telecom Nagar Periya Mathur Chennai.600 068 9.The Revenue Divisional Officer Ambattur
...
Respondent(s)
Counsel appearing for the Applicant: M/s.J.R.K. Bhavanantham and K. Boopalan
Counsel appearing for the Respondents: M/s. M.K. Subramaniam and M.R. Gokul Krishnan for R-1 and R-9 Mrs. H. Yaseem Ali for R-2 Mr. Kamalanathan for R-3, R-5, R-6 and R-8 Mrs. Vidyalakshmi for R-7
ORDER PRESENT:
HON’BLE SHRI JUSTICE M. CHOCKALINGAM, JUDICIAL MEMBER HON’BLE P.S. RAO, EXPERT MEMBER
Dated 31st March, 2015 ----------------------------------------------------------------------------------------------------------------
The counsel for the parties are present. This application is brought forth by the applicant for the following reliefs:-
a) To direct the respondents 1 and 2 to take necessary action to stop the illegal ground water extraction made by respondents 3 to 6
and by any other
persons for commercial consumption in the Mathur and Manjaambakkam Villages, Saidapet Taluk, Thirvallur District. b) To restrain the respondents 3 to 6 and other persons from extracting ground water for commercial consumption in the Mathur and Manjambakkam Villages, Saidapet Taluk, Thiruvallur District. c) To direct the respondents 1 and 2 to remedy the harm caused to the environment due to over exploitation of water resources by removing the ground water extracting materials and by preventing water tanker lorries entering the Mathur and Manjambakkam Villages, Saidapet Taluk, Thiruvallur District. d) To direct respondents 1 and 2 to impose heavy penalties and take suitable criminal action against those
persons who indulge illegal
ground water
extraction in Mathur and Manjambakkam Villages, Saidapet Taluk, Thiruvallur District. “ Alleging that this application has been filed by the applicant which is an Association formed for the welfare of the Mathur Village for the preservation and conservation of natural resources of the said village and to prevent environmental degradation such as illegal extraction of ground water for commercial purposes. It is a pleaded case of the applicant that over extraction of ground water for commercial purposes is being done by the respondents 3, 5, 6 and 8 and by the 3rd to 6th respondents who have also illegally dug bore
wells in Survey Nos. 107/6, 121/2, 107/1, 161/1, 107/3,
158/2, 138 (poramboke) 166/1C, 84/1C,
84/2A of the villages of Mathaur and
Manjambakkam and they are transporting the water outside the area also. By such
activities there has arisen scarcity of the water to the people of the said villages. Under the circumstances, representations were given repeatedly but no action has followed. Under the circumstances, there arose a necessity for filing this application before this Tribunal seeking for orders. On admission, the respondents entered appearance through their counsel and filed their respective reply.
The respondents blatantly denied the case pleaded by
the applicant. Pursuant to the representations made by the villagers, the concerned Revenue Divisional Officer (RDO), Ambattur after making an inspection of the Units in question sealed them which was brought to the notice of the Tribunal.
On being
summoned, the RDO put forth her explanation about the circumstances which warranted for sealing those Units.
It was also made clear that the said action was
not taken on the grounds urged by the applicant herein but on some other grounds in violation of law.
Since the respondents against whom the allegations of over
extraction of water took a defence to the effect that it is true that they got the bore wells but they never extracted water therefrom and they have been carrying on their Units in view of the interim order granted in their favour that too by fetching the water from outside source by transportation and thus the case of the applicant that there was extraction of water much less over extraction, was unfounded and hence the application has to be dismissed. In order to ascertain the actual and factual position, the Tribunal issued a direction to the District Environmental Engineer (DEE) concerned to make inspection of the aforesaid water packaging units of the respondents 3, 5, 6 and 8. The concerned DEE after making inspection had filed a report along with the reply.
On
perusal of the same it would clearly indicate that the Units of the respondents 3, 5, 6 and 8 who have been carrying on the water packaging business got water from
outside source by transportation and hence the ground on which the application is brought forth alleging that the respondents 3, 5, 6 and 8 have been extracting water that too in large quantity, seems to be unfounded. At this juncture, the counsel for the applicant would submit that at the time of inspection the bore wells were actually found existing in the premises of those water packaging units which would indicate that they have been extracting ground water.
But it is pertinent to point out that all
those units were kept under seal by the authorities and hence extraction of water from the sealed units is an impossibility of performance.
It is not the case of the
applicant that the seal was broken or unsealed for the purpose of extracting water. Under the circumstances, the Tribunal is of the view that the grievance of the applicant does not survive at present.
Accordingly, the application is disposed of.
However, the District Environmental Engineer, Tamil Nadu Pollution Control Board and the concerned Chief Engineer, PWD, Groundwater wing, Chennai are directed to monitor the above Water packaging units to ensure that they shall not extract any water from the bore wells which are kept under seal.
It is also made clear that the
action initiated by the RDO on some other grounds in accordance with law would not in any way be affected by the above order. With the above direction, the application is disposed of. No cost.
Justice M. Chockalingam (Judicial Member)
P.S. Rao (Expert Member)
