The Madras High Court petitioned to quash an NGT order imposing interim environmental compensation. Observing that the NGT had constituted a committee to address the water quality issue, the Court held no further order was necessary and closed the petition.
Writ Petition closed. No costs. Connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.5879 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2023
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs.JUSTICE N.MALA
W.P.No.5879 of 2019 and
W.M.P.No.6719 of 2019
The Commissioner, Salem City Municipal Corporation, Salem
... Petitioner
vs
1/8
W.P.No.5879 of 2019
Prayer: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Certiorari to call for the records of the 1st respondent Tribunal in order dated 04.02.2019 made in O.A.No.51/2015(SZ) so far as it concerns to the payment of interim compensation of Rs.25,00,000/- (Rupees Twenty-Five Lakhs) and the
W.P.No.5879 of 2019
consequential furnishing of Performance Guarantee of Rs.50,00,000 (Rupees Fifty Lakhs) and to quash the same.
For Petitioner : Ms.N.Devi Standing Counsel for Municipal Corporation For Respondents : R1-Court Mr.P.P.Shanmugasundaram for R2 Mrs.Shanmugvallisekar for R3 to R5 No appearance for R6 to R8
O R D E R
(The Order of the Court was made by J.Nisha Banu,J.)
This writ petition has been filed challenging the order dated
04.02.2019 made by the National Green Tribunal insofar as it relates to the imposition of interim compensation for a sum of Rs.25,00,000/- and furnishing of performance guarantee to the tune of Rs.50,00,000/-
"12. Accordingly, we direct the Chief Secretary, Tamil
W.P.No.5879 of 2019
Nadu to forthwith constitute a monitoring committee comprising of four Additional Chief Secretaries of concerned Departments - Environment, Municipal Administration, Irrigation/ Water Resource and Finance. The Additional Chief Secretary, Environment will be the Coordinator. The Committee may hold its first meeting within two weeks to take stock of the situation and prepare an updated action plan with time-bound targets. Progress on such targets must be reviewed
atleast once in a month. The Committee may associate Chairman of the State PCB and District Magistrate, Salem and any other experts/individual/organization. The minutes of the meeting may be placed on the website of the Environment Department. The Chief Secretary may interact with the Committee atleast once in three months. Constitution of Committee is required for coordinated action. The Committee may consider core steps required to restore the water quality of the river so as to protect the environment and public health. Though all earlier laid down timelines by the Tribunal are over, the Committee must conclude execution of action plans
W.P.No.5879 of 2019
within one year. Till household connections to STPs are secured, drains be intercepted and diverted to STPs. Treated sewage and recovered water by way of RO/Nano filtration be supplied to the industries, coordinating with the concerned associations, if necessary. Having regard to the priority of the issue, the allocation of necessary funds may be given priority. Funds available with the State PCB for restoration of environment may also be utilized, to the extent found viable. The Committee may also ensure that all concerned industries in the catchment area of the River in question adopt Zero Liquid Discharge (ZLD) and are compliant with the norms. The Committee may also ensure remedial action by the State PCB in exercise of statutory powers under the Water (Prevention and Control of Pollution) Act, 1974 against the erring industries/ individuals/ local bodies. Needless to say, the action taken has to be compliant with any subsisting interim orders of any competent court/authority. If any grievance survives, it will be open to the aggrieved party to take remedy afresh as per law. "
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the matter has been seized of by the Committee. Therefore, we are of the view that no further order is necessary in this writ petition. Accordingly, the Writ Petition stands closed. No costs. Consequently, connected miscellaneous petition is closed.
(J.N.B.,J.) (N.M.,J.) 15.09.2023
Index:Yes/No Speaking/Non-speaking order vsi
To
W.P.No.5879 of 2019
W.P.No.5879 of 2019
J.NISHA BANU,J. and N.MALA,J.
vsi
W.P.No.5879 of 2019
15.09.2023
2 issues framed by the court
Whether a final order by the National Green Tribunal requiring a committee to handle the matter necessitates any further judicial intervention.
Whether the petitioners' claim for interim compensation and discharge of performance guarantee warrants a ruling.
2 provisions across 2 enactments
The Commissioner, Salem City Municipal Corporation
National Green Tribunal, Principal Bench, New Delhi
V.Manickam
The Secretary, Tamilnadu Pollution Control Board
The Superintending Engineer, PWD (WRO), Upper cauvery Basin Circle
The District Environmental Engineer, Tamilnadu Pollution Control Board
J.Nisha Banu
N.Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
