Applicant alleged illegal groundwater depletion and pollution due to tea leaf transportation. Respondents submitted technical reports indicating no groundwater violation and classifying areas as safe. Tribunal dismissed application citing lack of substantiated evidence.
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.
Item No.3
(Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL SPECIAL BENCH
(By Video Conferencing)
Original Application No. 131/2016(SZ)
B.R Lakshmanan Applicant
Versus
The District Collector, Ooty and Ors. Respondent(s)
Date of hearing: 14.03.2022
CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON’BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
HON’BLE PROF. A SENTHIL VEL, EXPERT MEMBER
HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER
HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant: Mr. B.R. Lakshmanan, applicant in Person.
For Respondent: Dr. D. Shanmuganathan, Advocate for R1, R3 to R6.
ORDER
1
agents purchase leaves at lower price and sell it at higher price to the Tea Industries at far away places though there are hundreds of Tea factories in the area.The transportation time is upto 10 hours to keep the leaf fresh, 30,000 litres of fresh water is used. Roads are also damaged in the course of transportation. It is stated that a single tea leaf agent purchases21,000/kg/daytea leaves at lower price which are transported by lorries. The groundscanvassed in the application are summed up as follows:-
2
follows:-
As per the G.O. Ms. No. 142/public Works (R2) Department, dated 23.07.2014 and G.O. Ms. No. 161/PWD dated 23.10.2019 drawing of ground water for drinking and domestic purpose, horticulture, educational institution, infrastructures project (Housing less than 6 dwellings), Government drinking water supply schemes are exempted from obtaining NOC from the competent authority but at the same time drawing of ground water for other purposes viz. commercial purpose an appropriate. No objection Certificate / License has to be obtained from the competent authority i.e., the Chief Engineer, State Ground and Surface Water Resources Data Centre, Tharamani, Chennai.
If any firms violates the norms prescribed in the above mentioned G.O’s the firms shall be closed based on the resolution passed by the District Level Monitoring Committee headed by the District Collector as per directions given by the Hon’ble High Court of Madras in its order passed in W.P. No. 16299/2018 dated 23.03.2020.
3
Using the ground water on the green tea leaves to preserve its freshness till it reaches the Tea Factories is comes under Horticulture activities and it is not comes under commercial activity hence, there is no violation in using water on the green tea leaves to preserve its freshness and to transportation of fresh tea leaves from the plantation to the industries . ”
“ It is submitted that the objection no. 1 raised by the applicant that the following areas were identified as hot spot and highly vulnerable areas in Udhagamandalam Taluk.
| S.No. | Name of the Taluk | Name of the Firka | No. of spot |
the Hot |
|---|---|---|---|---|
| 1. | Udhagamandalam Town | 25 | ||
| 2. | Udhagamandalam | Shalur | 12 | |
| 3. | Thuneri | 36 | ||
| Total | 73 |
Further it is submitted that in Udhagamandalam Taluk there are 73 areas were identified as Hot Spot and Highly vulnerable areas based on the rain fall and landslides were occurred in the past years recorded by District Disaster Management Unit and were also uploaded in District website for creating awareness among the general public. Moreover it is submitted that the highly vulnerable areas and hot spots were identified by the firka level by disaster management team and also updated by the team from time to time, the land slide and the heavy rain fall recorded in that areas, not for extracting huge amount of water from ground.
In this regard it is submitted that the geotechnical team has inspected hot spot areas and submitted their report as detailed below.
“ The following observation and inference are furnished the geotechnical parameters like slope, Drainage pattern, Top soil thickness and land use pattern used to study the area. ”
Among the all geotechnical parameters the Villages, Manavorai, Ambedkar Nagar, Bhakiyanagar the slope is vital parameter is acting as a major role for landslide due to high slope.
4
Giribeta Village has gentle slopped are but row of houses located on the terraces with unprotected soil cut faces acting as on major role for land slide.
Other Villages, Kovilmedu, Honnathalai, Gandhi Nagar and Kudumanai are located on the gentle slope to moderate slope and falls in the less prone to moderate prone for land slide due to the geotechnical parameters like slope, drainage pattern, top soil thickness and land use pattern.
Hence it is observed that the villages mentioned in the objection Para No. 1 is influencing the geotechnical parameters like slope, drainage pattern, top soil thickness and land use pattern and also there is no evidence observed land slide and land subsidence due to the ground water pumping.
In this regard the Executive Engineer P.W.D/ W.R.O, Bhavanisagar Dam Division, Bhavanisagar has submitted detailed field study report as detailed below.
“Exploitation of Ground Water and bonds to depletion of Ground water level, a field study has been carried out in the area of Billicombai Village of Udhagamandalam Taluk of the Nilgiris District and observations are of as follows. 1. The area hilly terrain and steep slope. The abstraction wells are generally lying in the elevated area with 45 meters heights and nearby wells are in low lying areas.
2) Santhosh Kumar- Subramaniyapuram storage and washing area the abstraction shore is bore well having a depth of 150 feet with 1.5 H.P submersible electrical motor. There is an open well at a distance of almost 100 mtrs away from this well in low lying area having a depth of 7.5 mtrs with 1.5 mtrs. dia the water level observed to this well is 4 mtrs during inspection. And there is a panchayat open well located some 100 mtrs. away from the said well having a depth of 6.5 mtrs. and the water level is 3.30 mtrs. this too in the lowlying area.
3) Honathalai - Storage and washing area have an abstraction structure is bore well and having a depth of 265 feet and the water level is 13.4 mtrs. during the inspection. There is an open well observed in low lying area with a depth of 19 mtrs. which is in dry condition. 4) Nandha Kumar - Billicombai storage and washing area abstraction of ground water structure is open well with dry condition.
5) Senthil-Rent godown of the Applicant Mr. Br. Lakshmanan, Billicombai storage well washing area. Here the abstraction structure is open well having a depth of 5.5 mtrs and the water level observed in 2.2 mtrs.
The above said tea unit have not obtained no objection certificate from the Chief Engineer State Ground and Surface Water Resource Data Centre, Tharamani, Chennai and also observed that they have not applied (or) approach this department in this regard a notice has to be issued to the firm concerned for not obtaining NOC from the relevant department.
5
Hence it is observed that the abstraction structures are in the elevated area and the nearby well as said are in the low- Iying area.
Also it is stated that the water level in the observation wells measured by our department around Kothagiri Taluk and the average water level is 2.39mtrs. for the past two years. In addition to that as per G.O (Ms) No. 155 Public works (RI) Department Dated 28.10.2021 in Nilgiris District 2 firka has been classified as Semi Critical Category and 13 firkas have been classified as Safe Category.
With regard to objection No., 7 raised by the applicant. It is submitted that the applicant statement is not correct, the respondent No.7 to 14 had been obtained the electricity connection in the name of tea leaf shed that nomenclature was classified as commercial category of Tamil Nadu Generation and Distribution Corporation and current consumption charges levied under llA-I and V of TNGDCOas detailed below.
| S.No. | Name of respondent |
the | Owner of the current consumption |
Current consumption |
Category |
|---|---|---|---|---|---|
| 1. | B. Nandhakumar Bojan |
S/o | Raman | 438-002-51 | IA |
| 2. | B.C. Senthilku S/o Sennan |
mar, | B.R. Lakshmanan |
438-002-545 | III A I |
| 3. | G. Krishnan Gundun |
S/o | B. Saraswathi | 438-002-707 | V |
| 4. | S. Santhosh S/o S | elai | K.M. Selai | 438-007-568 | V |
| 5. | H. Subramani Halan |
S/o | H. Subramani | 438-009-641 | V |
| 6. | Srinivasan S/o Lin | gan | C. Nangan | 438-007-528 | V |
| 7. | Dhamumaraja Chandran |
S/o | K.J. Chandran | 438-007-598 | V |
| 8. | Krishnamoorthy Lingan |
S/o | K.J. Bojanaraj | 438-007-567 | V |
Further it is submitted that among the respondent. No. 7 to 14 one of the respondent one Thiru. B.C. SenthilKumar (Respondent No. 8) had rent the land from the applicant namely B.R. Lakshmanan, rent basis and utilize this land for that same activity and the same was ascertained by the designated officers of the Public Works Department.
With regard to the objection No. 2 to 4 raised by the applicant, the separate reply affidavit had been filed by the Executive Director of Tea Board, Coonoor.
It is submitted that as per the G.O. Ms. No. 155 Public works (RI) dated 28.10.2021 is enclosed herewith for ready reference where in the Nilgiris District. 2 firkasin Kundha Taluk has
6
been classified as Semi Critical Category and rest of the 13 firkas of the Udhagamandalam, Coonoor, Kothagiri, Gudalur and Pandalur Taluk have been classified as Safe Category.
Further it is submitted that the following document and reports are enclosed here with ready reference of the Hon'ble National Green Tribunal.
In these circumstances, it is therefore respectfully prayed that this Hon’ble National Green Tribunal may be pleased to dismiss the application and thus render justice. ”
transportation of tea leaves in question was upto the year 2018 and thus the issue is no longer alive issue.
The application is disposed of.
Sd/Adarsh Kumar Goel, CP
7
Sd/-
K. Ramakrishnan, JM
Sd/-
Sudhir Agarwal, JM
Sd/-
Dr. Satyagopal Korlapati, EM
Sd/-
Prof. A. Senthil Vel, EM
Sd/-
Dr. Vijay Kulkarni, EM
Sd/-
Dr. Afroz Ahmad, EM
March 14, 2022
Original Application No. 131/2016(SZ)
A
8
2 issues framed by the court
Whether excessive green tea leaf transportation causes illegal groundwater depletion.
Whether tea leaf agents violated water regulation norms in Nilgiris District.
B.R. Lakshmanan
The District Collector, Ooty
Adarsh Kumar Goel
K. Ramakrishnan
Sudhir Agarwal
Satyagopal Korlapati
A. Senthil Vel
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
