Dismissed

Selvaraju Duraisamy v. Ministry of Environment Forest and Climate Change

NGT11 Sept 2025IA No. 24/2024 in Execution Application No. 8/2023

Case brief

AI extract

What is this about?

The Tribunal held that the respondent TNPCB acted upon the applicant's complaint and complied with earlier directions. Consequently, no further relief survives in the execution application. The application was closed.

What did the court decide?

The execution application and the pending interlocutory application were closed. No further relief on compensation or project completion was granted.

Selvaraju Duraisamy vs Ministry of Environment Forest and… — Environment and Pollution | NGT (2025)

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Item No.07:-

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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[Through Physical Hearing (Hybrid Option)]

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Execution Application No.08 of 2023 (SZ) in

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Original Application No.08 of 2023 (SZ) & I.A. No.24 of 2024 (SZ)

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IN THE MATTER OF:

Selvaraju Duraisamy.

…Applicant(s)

Versus

The State of Tamil Nadu and Ors.

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...Respondent(s)

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Date of hearing: 11.09.2025.

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CORAM :

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HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE Dr. PRASHANT GARGAVA, EXPERT MEMBER

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For Applicant(s): M/s. Ralph V. Manohar & R. Ramana.

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For Respondent(s): Dr. D. Shanmuganathan for R1.

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Mr. G.M. Syed Nurullah Sheriff for R2. Mr. S. Sai Sathya Jith for R3. Mr. Gautam S Raman for R4. Mr. K. Krishnan represented Mrs. P. Veena Suresh for R5. Mr. Arun C. Mohan for R6 & R7. M/s. S. Viji & Savieer Ahamed for R8.

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ORDER

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1. The present Execution Application [E.A. No.08 of

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2023 (SZ)] has been filed by the Original Applicant in O.A. No.08 of 2023 (SZ) seeking the following reliefs:

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a) “Direct the respondents 2 & 3 to comply with the order dated 20.02.2023 passed by this Hon'ble Tribunal, and to file a report before this Hon'ble Tribunal.

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b) Direct the 6th respondent to pay Environmental compensation as may be determined by this Hon'ble Tribunal for violating

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Page 1 of 4

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provisions of Environmental Clearance Certificate (EC) Letter No.SEIAA/TN/F.6395/EC/8(a)/527/2017, dated 14.07.2017.

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c) Direct the 6th respondent to complete the building Radiance Icon in all respects in conformity with Environmental Clearance Certificate (EC) Letter No.SEIAA/TN/F.6395/EC/8(a)/527/2017, dated 14.07.2017 issued to M/s. Radiance Realty Developers India Limited by The Tamil Nadu State Environmental Impact Assessment Authority.

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d) Direct 6th respondent to execute an indemnity bond undertaking to adequately indemnify the 8th respondent or the applicant of any monetary loss/fine/penalties/ statutory charges, etc., that may arise due to the environmental violations committed by the 6th Respondent.

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e) To pay cost or legal expenses incurred by the Applicant in preferring the present application.”

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2. The case of the Applicant, in brief, is that the 6^th Respondent, M/s. Radiance Realty Developers India Ltd. , developed a residential project titled “Radiance Icon” at Koyambedu, Chennai, after obtaining requisite approvals from TNRERA, CMDA, Greater Chennai Corporation and Environmental Clearance ( EC ) dated 14.07.2017 issued by the SEIAA - Tamil Nadu, subject to specific conditions. It is alleged that the developer failed to disclose the EC to the purchasers and committed serious violations of its conditions, particularly by installing a sub-standard Sewage Treatment Plant ( STP ) and Water Treatment Plant (WTP) that do not conform to TNPCB norms, resulting in discharge of untreated sewage and consequent environmental pollution. The Applicant further stated that the project was handed over to the Residents’ Association without ensuring compliance with EC conditions, and the maintenance contractor abandoned the project midway, causing hardship to the residents. Despite the Tribunal’s earlier direction in O.A. No. 08 of 2023 dated 20.02.2023 to SEIAA – Tamil Nadu and TNPCB to act upon the Applicant’s representation, no effective steps were taken.

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3. While disposing of the Original Application [O.A. No.08 of 2023 (SZ)] , by order dated 20.02.2023, this Tribunal issued the following directions:

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“ 4. At this juncture, the learned counsel for the applicant submitted that the association might have given a complaint to the authorities concerned. If that is so, we would only direct the authorities whoever had received the complaint from the 12^th respondent to consider the same after affording an opportunity of hearing to the association and pass appropriate orders.

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Page 2 of 4

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In the event, the association or even the applicant had not made any application to the authorities concerned, it is still open to them to make an application within a period of 10 (Ten) days and on receipt of the same, the authorities concerned are directed to consider the same after affording an opportunity of personal hearing to the applicant and pass appropriate orders within a period of 4 (Four) weeks thereafter.

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With the above direction, this Original Application [O.A. No.08 of 2023 (SZ)] is disposed of. ”

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4. Pursuant to the said direction, the Applicant herein submitted complaints to the SEIAA–Tamil Nadu on 24.02.2023 and to the TNPCB on 25.02.2023, requesting inspection and action against the developer for non-compliance with the EC conditions.

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5. Today, Mr. S. Sai Sathya Jith, learned Counsel appearing for the TNPCB, submitted that the Board, upon receipt of the complaint, conducted multiple inspections of the project site, issued necessary directions to the parties concerned and filed a detailed report dated 22.08.2024 before this Tribunal, setting out the sequence of actions taken by the officials.

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6. From the report, it is seen that based on the inspections conducted, representations received and the findings of the joint hearing, the TNPCB, vide its proceedings dated 13.08.2024, concluded that the responsibility for the operation and maintenance of the STP, as well as compliance with the Environmental Clearance (EC) conditions, rests with M/s. Radiance Realty Developers India Limited and not with the Owners’ Association. However, the said proceeding is presently under challenge before this Tribunal in Appeal No.70 of 2024 (SZ) .

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7. It is pertinent to note that the Applicant, through this execution application, has not only sought directions to Respondents No.2 and 3 to comply with the Tribunal’s earlier order and file a compliance report, but has also sought additional reliefs, including: (i) payment of environmental compensation for violation of Environmental Clearance conditions; (ii) completion of the “Radiance Icon” project; (iii) execution of an indemnity

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Page 3 of 4

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bond to cover any loss or penalty arising from such violations; and (iv) reimbursement of legal expenses incurred.

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8. However, the scope of the present execution application is limited, as this Tribunal, in its order dated 20.02.2023 in O.A. No. 08 of 2023 (SZ), only directed the TNPCB to act on any application or complaint submitted by the Association or the Applicant.

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9. From the records and the report submitted by the TNPCB, it is evident that the Board has duly acted upon the Applicant’s complaint and complied with the directions issued by this Tribunal in its order dated 20.02.2023. Accordingly, nothing further survives for consideration in the present execution application.

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10. In the result, the Execution Application [E.A. No.08 of 2023 (SZ) in O.A. No. 08 of 2023 (SZ)] is closed. Consequently, the pending interlocutory application [I.A. No.24 of 2024 (SZ)] also stands closed.

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Sd/Smt. Justice Pushpa Sathyanarayana, JM

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Sd/-

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Dr. Prashant Gargava, EM

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E.A. No.08/2023(SZ) in O.A. No. 08/2023 (SZ) & I.A. No.24/2024(SZ) 11^th September, 2025. Mn.

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Page 4 of 4

Selvaraju Duraisamy v. Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

Selvaraju Duraisamy v. Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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