Disposed

Kumaresan Sooluran v. Tamilnadu State Coastal Zone Management Authority

NGT2 May 2025Original Application No. 223/2024

Case brief

AI extract

What is this about?

Application challenging illegal solid waste dumping in a CRZ-I wetland by the Athipattu First Grade Panchayat. Tribunal found waste removed but directed responding body to level bunds formed during removal to restore site to original condition, disposing the application.

What did the court decide?

Direction to Respondent No.4 to level bunds formed during waste removal to restore the site to its original condition.

Kumaresan Sooluran vs Tamilnadu State Coastal Zone… — Environment and Pollution | NGT (2025)

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Item No.14:-

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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Friday, the 02^nd day of May, 2025.

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[Through Physical Hearing (Hybrid Option)]

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Original Application No.223 of 2024 (SZ)

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IN THE MATTER OF:

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Kumaresan Sooluran Aged about 44 years, Kathivakkam, Ennore Thermal Station, Thiruvallur – 600 057.

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…Applicant(s)

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Versus

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1) Tamil Nadu State Coastal Zone Management Authority Rep. by its Member Secretary No.1, Jeenis Road, Panagal Building, Ground Floor, Saidapet, Chennai – 600 015.

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2) District Environmental Engineer Thiruvallur District Tamil Nadu Pollution Control Board Master Plan Complex, Adjacent to Sub Treasury, Near Tollgate, Tiruvallur – 602 001.

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3) District Collector Thiruvallur District, First Floor, Collectorate, Thiruvallur – 602 001.

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4) Athipattu First Grade Panchayat Rep. by its President, First Grade Panchayat Office, Athipattu, Nandiambakkam, Minjur Block, Thiruvallur District – 600 120.

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...Respondent(s)

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For Applicant(s): M/s. A. Yogeshwaran, B. Poongkhulali, Tanvi Srivatsan and Raghunandan Sriram. For Respondent(s): Dr. D. Shanmuganathan for R1, R3 & R4. Mr. S. Sai Sathya Jith for R2.

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Page 1 of 5

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Judgment Reserved on: 24^th April, 2025.

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CORAM :

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HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER

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JUDGEMENT

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Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

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1. The present Original Application has been filed by the Applicant, a resident of Kathivakkam and a fisherman affiliated with the Kattukuppam Fishermen Co-operative Society, raising concerns regarding the illegal dumping of solid waste at Survey No.354, Athipattu Revenue Village, Ponneri Circle, Minjur Block, Thiruvallur District.

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2. The case of the Applicant is that the said site falls within a Coastal Regulation Zone (CRZ-I) area as per the approved 2018 Coastal Zone Management Plan under the CRZ Notification, 2011, and forms part of the Ennore wetlands, which are protected under the Wetlands (Conservation and Management) Rules, 2017.

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3. The Applicant alleges that the waste dumping by the 4^th Respondent (Athipattu First Grade Panchayat) violates the CRZ Notification, 2011, the Solid Waste Management Rules, 2016, and the Water (Prevention and Control of Pollution) Act, 1974.

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4. It is further stated that the subject site is located within the floodplain (paraval) of the Kosasthalaiyar River, a tidally influenced water body governed by the CRZ Notification. The CZMP designates this area as CRZ-I, affording it the highest degree of ecological protection.

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5. The further allegation of the applicant is that the 4^th Respondent’s actions have caused severe and ongoing damage to the ecologically sensitive site, contaminating wetlands and affecting mangrove ecosystems. Despite attempts by the Applicant to halt the activity on 15.07.2024 and a representation

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Page 2 of 5

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made to authorities on 19.07.2024, no remedial action has been taken and the dumping continues.

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6. In view of the urgency and lack of alternative remedy, the Applicant approached this Tribunal seeking directions to remove the dumped waste, remediate the impugned site, make alternate waste management arrangements, and initiate action against the 4^th Respondent for environmental law violations.

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7. Taking cognizance of the issue, this Tribunal admitted the matter on 25.07.2024 and issued notice to the respondents, while directing the Athipattu First Grade Panchayat (Respondent No.4) to immediately cease dumping and take appropriate steps to clear the waste dumped.

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8. In the meanwhile, the learned counsel for the applicant has filed a memo dated 08.08.2024 , stating that despite this Tribunal’s order dated 25.07.2024, directing the 4^th Respondent to take appropriate measures to clear the waste, no such action has been taken. On the contrary, the 4^th Respondent is attempting to level the dumped waste rather than remove it. Photographs of the site dated 08.08.2024 were annexed to support the claim.

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9. Upon notice, the Tamil Nadu Pollution Control Board (TNPCB)/ Respondent No.3 has filed its report dated 17.04.2025 , stating that in compliance with the order of this Tribunal, the TNPCB officials inspected the subject site on 19.09.2024. During the inspection, it was observed that a substantial portion of the solid waste had been removed; however, complete removal had not taken place. Part of the waste remained, covered with earth and heaped along the banks of the Kosasthalaiyar River. Consequently, the Block Development Officer - Minjur Panchayat Union, and the President - Athipattu First Grade Panchayat, were instructed to ensure complete removal of the waste and were requested to submit an action taken report to the TNPCB vide communication dated 19.10.2024.

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Page 3 of 5

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10. A subsequent inspection was carried out by TNPCB officials on 05.12.2024, which revealed that the waste had not been fully removed, and portions remained buried under the earth and piled on the riverbank. Accordingly, instructions were reiterated to the Block Development Officer and Deputy Block Development Officer, Minjur Panchayat Union, to ensure full removal and to furnish a compliance report. The officials later confirmed, through a letter dated 29.01.2025, that the waste had been fully cleared.

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11. On 29.01.2025, TNPCB officials conducted another inspection of the site located on the banks of the Kosasthalaiyar River at Athipattu Village (opposite M/s. Bharat Petroleum Corporation Ltd., Retail Terminal). It was confirmed that the solid waste had been removed by officials of the Athipattu First Grade Panchayat. Pursuant to further directions issued by the Tribunal on 31.01.2025, inspections were again carried out by TNPCB officials on 26.02.2025 and 12.03.2025. On both occasions, it was observed that the waste had been completely removed from the site. To corroborate the said fact, photographs taken during the inspections on 05.12.2024, 29.01.2025, 26.02.2025, and 12.03.2025 were also annexed along with the report.

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12. When the matter was taken up for final hearing, the learned counsel appearing for the 4^th Respondent/Athipattu First Grade Panchayat explained that the solid waste dumped in the subject site had been completely removed and shifted to another location.

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13. While fairly acceding to the above statement, the learned counsel for the applicant only requested that during the removal of solid waste from the subject site, bunds were inadvertently formed and accordingly, the land should be levelled to restore it to its original condition.

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14. In view of the submissions made by the learned counsel appearing for the respondent authorities and the material placed before us, we are satisfied that the main grievance has been addressed. However, to ensure complete restoration, it would be appropriate to direct the Athipattu First Grade Panchayat

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(Respondent No.4) to level the bunds created by the movement of earthmoving equipment (JCB) during the waste removal process, so that the site is restored to its original state.

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15. Needless to say, all solid waste must be disposed of only at sites specifically designated by the District Administration after obtaining consent from Tamil Nadu Pollution Control Board. Unauthorized dumping of waste on private properties, vacant lands, or open grounds is strictly prohibited. Such actions contribute to environmental degradation and are punishable under environmental laws. Strict adherence to the prescribed waste management protocols is essential to protect public health and the environment.

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16. In light of the above, the Original Application [O.A. No. 223 of 2024 (SZ)] is disposed of with a direction to Respondent No.4, Athipattu First Grade Panchayat, to level the bunds formed during the waste removal process, thereby restoring the site to its original condition.

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Sd/Smt. Justice Pushpa Sathyanarayana, JM

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Sd/Dr. Satyagopal Korlapati, EM

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Internet – Yes/No All India NGT Reporter – Yes/No

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O.A. No.223 of 2024 (SZ) 02^nd May, 2025. Mn.

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Kumaresan Sooluran v. Tamilnadu State Coastal Zone Management Authority

Case brief

What is this about?

What did the court decide?

Kumaresan Sooluran v. Tamilnadu State Coastal Zone Management Authority

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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