Disposed

Misc Application in disposed of cases No. 5/2024 in Original Application No. 120/2022 of Santhosh Kumar K v. Tamil Nadu Pollution Control Board

NGT3 Dec 2024Misc Application in disposed of cases No. 5/2024 in Original Application No. 120/2022

Case brief

AI extract

What is this about?

In this enforcement application regarding the Kuttai Poramboke water body in Thiruvannamalai, the NGT reviewed photographic evidence and submissions confirming the restoration work was completed. The Tribunal discharged the application, directing only future maintenance, demarcation via a board, and prevention of cultivation.

What did the court decide?

The Miscellaneous Application was disposed of; respondents were directed to strengthen the bund, place boundary boards, and ensure no future cultivation.

Misc Application in disposed of cases No. 5/2024 in… — Environment and Pollution | NGT (2024)

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Item No:-14

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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Tuesday the 03rd day of December, 2024.

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Miscellaneous Application No. 05 of 2024 (SZ) In

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Original Application No. 120 of 2022(SZ) (Through Video Conference)

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IN THE MATTER OF

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Mr. Santhosh Kumar,
S/o V. Kalidasan,
No. 16, Velalar Street, Mahamai Thirumani,
Gengampoondi, Tiruvannamalai- 604 501.
Coimbatore-641 061.
...Applicant(s)
Versus
1. Thiru. B. Murugesh, I.A.S.,
The District Collector,
Vengikkal.
2. Thiru. L. Srinivasan,
Block Development Officer,
Thiruvannamalai.
3. Thiru. Ponnuswamy,
Tahsildar,
Vandhavasi Taluk,
Thiruvannamalai- 604408.
...Respondent(s)
For Applicant(s): Mr. H. Kirithika.
For Respondent(s): Dr. D. Shanmuganathan for R1 to R3.
Date of Hearing: 3 rd December, 2024.
CORAM :

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HON’BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER

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JUDGMENT

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Delivered by Smt. Justice Pushpa Sathyanarayana , Judicial Member

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The present Miscellaneous Application has been filed by the Applicant, who is resident of Gengampoondi Village, Vandavasi Taluk, Thiruvannamalai District, seeking enforcement of the directions issued by this Tribunal vide order dated 18.08.2023 in Original Application No. 120 of 2022. The said order directed the restoration of the Kuttai Poramboke water body located in Gengampoondi Village, which was adversely affected by encroachments and unauthorized activities.

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The Applicant in O.A. No. 120 of 2022 had raised concerns regarding the illegal use of the Kuttai Poramboke water body including agricultural cultivation and unauthorized construction of a temple. The said water body is an essential resource for the residents of the village and plays a crucial role in maintaining the local ecological balance.

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Taking cognizance of the Applicant’s grievances, this Tribunal by its order dated 18.08.2023, directed the District Collector and Tahsildar, Thiruvannamalai District, to restore the Kuttai Poramboke water body. It was specifically directed to take steps for deepening the land, strengthening of the bund, and restoration of inlet channels to increase its water-holding capacity before the onset of the monsoon. Additionally, the Respondents were also

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directed to take stringent measures to prevent further encroachments.

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The Applicant contended that the encroachments persisted on the water body and that the directions issued by this Tribunal for its restoration had not been effectively implemented by the Respondents.

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During the course of hearing, the learned Government Pleader for Tamil Nadu submitted that steps for the restoration of the water body were being actively undertaken. It was further submitted that 85 workers had been engaged under the Mahatma Gandhi National Rural Employment Guarantee Scheme to carry out the restoration work, which was underway as per the Tribunal’s directions.

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On 03.12.2024, the learned Government Pleader placed on record geotagged photographs evidencing the restoration of the Kuttai Poramboke water body. From the photographs it can be seen that encroachments had been cleared, unauthorized cultivation and activities had ceased and restoration efforts, including the deepening of the water body, had been completed in compliance with the direction of the Tribunal. Due to the deepening the Kuttai is filled with water and no cultivation can be done as apprehended by the applicant.

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Upon perusal of the submissions and photographic evidence, the Tribunal is satisfied that the Respondents have complied with the directions issued in O.A. No. 120 of 2022. The restoration of the Kuttai Poramboke water body has been completed and no further

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encroachments or illegal activities are present. However, the respondents are directed to strengthen the bund and maintain the waterbody and ensure no cultivation or any such encroachments are made in the future. It is also suggested to place a board detailing the boundaries of the water body to prevent any future encroachments.

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As the restoration work has been completed and the water body
restored to its original state, the present Miscellaneous Application
can be closed.
9. In view of the above, the M.A. No. 05 of 2024 is disposed of.
............................................................J.M.
(Smt. Justice Pushpa Sathyanarayana)
.......................................E.M.
(Dr. Satyagopal Korlapati)
Internet – Yes/No
All India NGT Reporter – Yes/No
M.A. No. 05/2024(SZ)&
O.A. No.120/2022(SZ)
3rd December, 2024. (AM)

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Before the National Green
Tribunal
Southern Zone (Chennai)
M.A. No. 05 of 2024(SZ)
In
O.A. No. 120 of 2022 (SZ)
Mr. Santhosh Kumar
Vs.
Thiru B. Murugesh, IAS & Ors.
M.A. No. 05/2024(SZ)
O.A No. 120/2022(SZ)
3rd December, 2024. (AM)

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Misc Application in disposed of cases No. 5/2024 in Original Application No. 120/2022 of Santhosh Kumar K v. Tamil Nadu Pollution Control Board

Case brief

What is this about?

What did the court decide?

Misc Application in disposed of cases No. 5/2024 in Original Application No. 120/2022 of Santhosh Kumar K v. Tamil Nadu Pollution Control Board

Case brief

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What did the court decide?

What the court decided

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