Dismissed

National Green Tribunal Southern Zone v. the Chief Secretary to Govt. of Tamilnadu

NGT29 Jan 2025Original Application No. 67/2020

Case brief

AI extract

What is this about?

The National Green Tribunal Southern Zone closed two suo motu applications concerning sewage and waste dumping in Erode and Namakkal districts. The Tribunal recorded compliance reports from municipalities and TNPCB, verified progress on sewage treatment plants and legacy waste biomining, and ordered closure subject to expeditious completion of pending soil/groundwater studies.

What did the court decide?

Both Original Applications (O.A. Nos. 52 and 67 of 2020) are closed pending expeditious completion of pending compliance measures.

National Green Tribunal Southern Zone vs the Chief… — Environment and Pollution | NGT (2025)

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Item No.06(i) & (ii):

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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Wednesday, the 29^th day of January, 2025.

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[Through Physical Hearing (Hybrid Option)]

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Original Application No.52 of 2020 (SZ) With Original Application No. 67 of 2020 (SZ)

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IN THE MATTER OF:

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Tribunal on its own motion Suo Motu based on the News Item in Dinamalar Newspaper dt. 28.02.2020, Chennai Supplementary, “Dried Cauvery filled up with waste water.”

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And

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1) The Secretary to Govt. of Tamil Nadu,

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Department of Environment, Govt. Secretariat, Fort St. George, Chennai – 600 009.

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2) The Secretary to Govt. of Tamil Nadu Municipal Administration & Water Supply Department, Govt. Secretariat, Fort St. George, Chennai – 600 009.

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3) The Secretary to Govt. of Tamil Nadu Public Works Department, Govt. Secretariat, Fort St. George, Chennai – 600 009.

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4) The Secretary to Govt. of Tamil Nadu Health & Family Welfare Department Govt. Secretariat, Fort St. George, Chennai – 600 009.

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5) The District Collector

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Erode District, District Collectorate, State Highways 96, Opp. District Court, Palayapalayam, Tamil Nadu – 638 011.

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6) The District Collector,

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Namakkal District, District Collectorate, Collectorate Road, Namakkal – 637 001.

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7) The Chairman,

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Tamil Nadu Pollution Control Board No.76, Mount Salai, Guindy, Chennai - 600 032.

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8) Engineer – in – Chief, WRO & Chief Engineer (General) PWD Chepauk, Chennai – 600 005.

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Page 1 of 8

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9) Superintending Engineer,

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PWD, WRO, Bhavani Basin Circle, Coimbatore, Tamil Nadu – 641 001.

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10) Superintending Engineer PWD, WRO, Upper Cauvery Basin Circle, Salem, Tamil Nadu – 636 001.

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11) The Municipal Commissioner Erode Municipal Corporation 246/895, SH-96, Brough Rd, NMS Compound, Erode Fort, Erode – 638 001.

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12) The Municipal Commissioner Pallipalayam Municipality, 5, Sankagiri Byepass Road, Pallipalayam Erode District – 637 210.

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...Respondent(s)

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WITH

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Tribunal on its own motion Suo Motu based on the News Item in Dinamalar Newspaper dt. 09.05.2020, Chennai Edition, “Life returns to normal, dye effluents start flowing in drains.”

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And

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1) The Chief Secretary to Govt. of Tamil Nadu, Govt. Secretariat, Fort St. George, Chennai – 600 009.

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2) The Secretary to Govt. of Tamil Nadu, Department of Environment, Govt. Secretariat, Fort St. George, Chennai – 600 009.

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3) The Secretary to Govt. of Tamil Nadu Municipal Administration & Water Supply Department, Govt. Secretariat, Fort St. George,

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Chennai – 600 009.

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4) The Principal Secretary to Govt. of Tamil Nadu Public Works Department, Govt. Secretariat, Fort St. George, Chennai – 600 009.

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5) The Chairman,

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Tamil Nadu Pollution Control Board No.76, Mount Salai, Guindy, Chennai - 600 032.

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6) The District Collector,

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Erode District, First Floor, Collectorate, Erode – 638 011.

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7) The Commissioner

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Erode City Municipal Corporation Office, New No.246 Old No.894 Brough Rd, Erode – 638 001.

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...Respondent(s)

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Page 2 of 8

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O.A. No.52/2020: For Applicant(s): Suo Motu. For Respondent(s): Dr. D. Shanmuganathan for R1 to R6, R8 to R10. Mr. S. Sai Sathya Jith for R7. Mr. Rajamathivanan for R11. Mr. M. Balakrishnan and Mr. M.B. Elakkumanan for R12. O.A. No.67/2020: For Applicant(s): Suo Motu. For Respondent(s): Dr. D. Shanmuganathan for R1 to R4, R6. Mr. S. Sai Sathya Jith for R5. Mr. Rajamathivanan for R7.

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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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J U D G M E N T

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1. Both the matters [Original Application Nos.52 and 67 of 2020 (SZ)] have been disposed of this Tribunal vide its Judgment dated 31.01.2022 with the following directions:-

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“ 43. So, both these applications are disposed of as follows:-

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(i) Both the Pallipallayam Municipality and the Erode City Municipal Corporation are directed to carry out the action plan prepared by them in tune with the recommendations made by the Joint Committee to resolve the issue within the timeline fixed by them and ensure that no untreated sewage is reaching the Cauvery River.

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(ii) The Pallipallayam Municipality as well as the Erode City Municipal Corporation are directed to carry out the implementation of the Solid Waste Management Rules, and Other Waste Management Rules within their area of jurisdiction in its letter and spirit and 100% compliance of the same to avoid further dumping of waste in the dump yard to create further legacy waste and treat the waste generated scientifically as provided under the respective Waste Management Rules strictly in accordance with law. (iii) The Tamil Nadu Pollution Control Board is directed to monitor the progress of the work undertaken by both the Pallipallayam Municipality and the Erode City Municipal Corporation in carrying out the action plan prepared by them to prevent discharge of untreated sewage into the Cauvery River or any drain which ultimately reaches the Cauvery River to avoid pollution being caused to the water body and if there is any lacuna or violation found, then they are directed to take appropriate action against the local bodies who are responsible for the same in accordance with law.

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(iv) The Tamil Nadu Pollution Control Board is also directed to implement the directions issued by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 in respect of imposition of environmental compensation against those municipalities who have not implemented the directions in its letter and spirit and file the progress report regarding the action taken

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and the results thereof before this Tribunal on or before 04.07.2022.

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(v) After the legacy waste is disposed of by bio-mining, the Pallipallayam Municipality as well as the Erode City Municipal Corporation are directed to conduct a further study regarding the contamination (if any) caused to the soil and the groundwater in that area, due to dumping of waste for a long time by the recognized agency as suggested by the Tamil Nadu Pollution Control Board and the expenses required for conducting such study and carry out the remediation measures suggested by that agency also will have to be borne by the Pallipallayam Municipality and the Erode City Municipal Corporation within their area of jurisdiction and that will have to be monitored by the Tamil Nadu Pollution Control Board and satisfy that remedial process has been completed and the contamination (if any) caused to the soil has been remedied by the methods provided by the agency in this regard.

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(vi) If there is any contamination caused to the soil, then the Tamil Nadu Pollution Control Board is also directed to assess environmental compensation for the damage caused to the environment and take steps to recover the amount from the respective local bodies, after issuing proper notice and conducting a hearing in accordance with law.

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(vii) The above aspects must be reflected in the compliance report to be submitted by the Pallipallayam Municipality, Erode City Municipal Corporation and the Tamil Nadu Pollution Control Board as directed by this Tribunal in the earlier paragraphs.”

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2. In compliance with the above-said directions, the Commissioner – Pallipalayam Municipality has filed its status report dated 03.12.2024, stating that due to sewage and dye waste contamination, the Pallipalayam Municipality was fined Rs.1.05 Crore, of which, Rs.10 lakh has been paid. Further, an estimated cost of Rs.10.79 Crore DPR under Swachh Bharat Mission (SBM 2.0) for an STP using Soil Bio-Technology (SBT) was approved by the Directorate of Municipal Administration, Chennai, and work was awarded to M/s. Poorani & Co. on 05.05.2023. Initially, sites at Cauvery Riverbank (1.50 MLD) and Periyar Nagar (3.50 MLD) were selected, but inspections on 21.06.2023 and 20.07.2023 deemed them unsuitable, as they were in the river course. Accordingly, a new site 6 km away in Elanthakuttai Village (20.36 acres) was identified, but strong public opposition delayed progress. Peace meetings on 02.02.2024, 06.02.2024, and 14.02.2024 failed to resolve concerns over livelihood impact, agricultural pollution, and air quality. A high-level meeting on 19.02.2024 reaffirmed the project’s necessity. Due to continued resistance, the project reverted to Periyar Nagar, requiring an additional Rs.19 Crore for sewage transport infrastructure. The DRO approved the site, encroachments were cleared, and construction of a 3.50 MLD STP began on 11.11.2024. Currently, earthwork is in progress, but hard rock at 1.80 meter depth

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requires controlled blasting. A request for permission has been sent to the Assistant Director of Mines.

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3. The Commissioner – Erode City Municipal

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Corporation has also filed a report dated 31.01.2025 , stating that the Erode City Municipal Corporation, covering 109.52 sq.km with a population of 5.96 lakh, generates 33.75 MLD of sewage. A 50.55 MLD Sewage Treatment Plant (STP) in Peelamedu Village, Vendipalayam, treats 26.00 MLD from 25,379 households via the Underground Sewerage System (UGSS). The UGSS for 18,512 more households will be completed by August 2023, while 13,366 households rely on septic tanks, with septage treated at the STP to prevent pollution of River Cauvery. The city produces 196 MT of solid waste per day, which includes 73 MT of biodegradable wet waste, 7 MT of saleable dry waste, 76 MT of non-saleable dry waste, 1 MT of e-waste, 1 MT of domestic hazardous waste, 8 MT of Construction & Demolition Waste, and 30 MT of inert waste. Waste is collected via 122 Light Commercial Vehicles, 66 BatteryOperated Vehicles, 13 dumper placers, 6 compactors, and 11 tipper lorries, with 1,478 workers handling daily waste management.

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4. The processing of solid waste in the city is carried out through various methods to ensure scientific disposal. Wet waste management is handled through Micro Compost Centres (MCCs), bio-methanation plants, bulk waste generators, and home composting. Under the Smart City Mission, 24 MCCs were constructed with a total capacity of 75 TPD, out of which 20 are operational, processing 63 MT of wet waste daily. Around 58 MT of wet waste is converted into manure, which is distributed free of cost to farmers after being tested and certified by Tamil Nadu Agricultural University, Coimbatore, while 10 MT of fruit and vegetable waste is sent to Gaushala. Additionally, about 5 MT of wet waste from vegetable markets and hotels is processed at the bio-methanation plant in Vendipalayam compost yard. 60 bulk waste generators within city limits manage approximately 6 MT of wet waste independently, while around 2 MT of wet waste from 6,796 households is processed through home composting in agricultural lands, backyards, and other designated areas. Consequently, all 73 MT of wet waste is scientifically processed without any dumping.

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5. For dry waste management, saleable dry waste such as paper, plastic, and metals are collected and sold by cleanliness workers to local vendors, with around 7 MT being sold daily, and the revenue is shared among the workers. Non-saleable dry waste is processed through incineration, with one 25 TPD incinerator currently operational and another under construction as part of the Smart City Mission. E-waste is managed through a partnership with SIKIS Scraps India Pvt. Ltd., Erode, established on December 12, 2022. Construction and Demolition (C&D) waste is stored at a designated 10-acre site at Solar (TS Number 11/1, 2, 3), where producers primarily reuse it for construction filling, while the remaining waste is stored at the Corporation site. Inert waste and silt generated within the city are transported to Vendipalayam Compost Yard, where they are stored separately and used for filling low-lying areas.

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6. The report further highlights efforts to improve waste management through door-to-door collection, source segregation, and scientific processing. Over 550 street bins have been removed, making most residential areas bin-free, while litter bins in commercial and public areas are cleared daily. Legacy waste at Vairapalayam along the Cauvery River has been entirely removed using bio-mining technology, preventing pollution. Additionally, around 6 lakh cubic meters of legacy waste at Vendipalayam is being cleared through the same method.

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7. The Tamil Nadu Pollution Control Board (TNPCB)

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has filed its latest compliance report dated 18.05.2023 , stating that the Erode City Municipal Corporation has installed a 50.55 MLD Sewage Treatment Plant (STP) at Peelamedu Village, Vendipalayam, with 36 out of 60 wards connected to the Under Ground Sewerage System (UGSS), while work on the remaining 24 wards is ongoing. Pallipalayam Municipality, however, was issued a Show Cause notice on 10.05.2022 due to non-compliance. In response, the Pallipalayam Municipality submitted a Detailed Project Report (DPR) proposing two STPs (3.5 MLD for Zone I and 1.5 MLD for Zone II), committing to completion within six months upon approval from the Directorate of Municipal Administration, Chennai. Subsequently, TNPCB issued directions under Section 33 A of the Water (Prevention and Control of Pollution) Act, 1974, mandating completion by 23.09.2023.

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8. It is further stated by the TNPCB that in terms of environmental compensation, this Tribunal directed the TNPCB to enforce the directions given by the Principal Bench in O.A. No.606 of 2018 (PB), which mandates penalties for non-compliance. Accordingly, the Erode City Municipal Corporation was fined Rs.8 lakhs (from April 2020 to November 2020) for violating Solid Waste Management Rules, 2016, and the Commissioner was asked to remit the amount on 13.07.2021. The Corporation, however, requested reconsideration, stating that biomining of legacy waste would be completed by December 2021. Pallipalayam Municipality, on the other hand, was imposed an environmental compensation of Rs.1.05 Crore for failing to establish STPs by 31.03.2020. Aggrieved by the same, an appeal has been preferred before this Tribunal as Appeal No.34 of 2022 (SZ) , wherein this Tribunal directed the municipality to deposit Rs.52.5 Lakhs (50%) within eight weeks to retain an interim stay order. As of 16.11.2022, the municipality paid Rs. 10 lakhs, but the remaining Rs.42.5 Lakhs is pending.

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9. Regarding biomining and remediation of legacy waste, it is stated in the compliance report that this Tribunal mandated both local bodies to study soil and groundwater contamination post-waste disposal and implement remediation. The Erode City Municipal Corporation has cleared legacy waste at Vairapalayam (Cauvery riverbank) through biomining. At Vendipalayam dumping yard, 5.79 lakh cubic meters of waste have been processed, with 1.15 lakh cubic meters remaining. Hence, the TNPCB vide Communication dated 28.03.2023, has requested updates on UGSS connectivity, biomining progress, and overall compliance. A soil and groundwater contamination study will be conducted after biomining completion, with necessary remediation measures to follow. The Pallipalayam Municipality, however, has yet to initiate a contamination study, and TNPCB will oversee this process once biomining concludes.

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10. It is pertinent to note that regarding the environmental compensation payable by the Pallipalayam Municipality, this Tribunal has already disposed of the appeal [Appeal No.34 of 2022 (SZ)] vide its Judgment dated 08.02.2023 and held as follows:-

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“ 8. The impugned order dated 26.04.2022 itself is passed levying an Environmental Compensation of Rs.1,05,00,000/- only for non-commencement of setting up the STPs before the stipulated date. Now that the financial sanction has been accorded by the Director of Municipal Administration and the Commissioner had assured the entire project will be completed within a period of six months. Therefore, we set aside the impugned order dated 26.04.2022. Nevertheless, if the Appellant is not adhering to the time limit, it will be open to the Pollution Control Board to revive the impugned order. However, the sum of Rs. 10 lakhs deposited with the Pollution Control Board would continue to be with them till such time the setting up of STPs are completed within time. As and when the project is complete, the Pallipalayam Municipality is directed to report to this Tribunal by filing a compliance report after which the said sum of Rs. 10 lakhs with the Pollution Control Board may be released with the permission of this Tribunal. The sum of Rs. 10 lakhs deposited with the Pollution Control Board may be moved to an interestbearing deposit in any of the nationalised bank for a period of one year in the meanwhile.

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9. The Appeal is disposed on the above terms.”

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11. Considering the compliance reports submitted by the Pallipalayam Municipality, Erode City Municipal Corporation, and TNPCB, this Tribunal is satisfied with the significant progress made towards the execution of the directions issued on 31.01.2022.

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12. Accordingly, both matters are deemed appropriate for closure, recording the compliance achieved to date. However, the respective authorities are instructed to expeditiously complete the pending compliance measures, including conducting the soil and groundwater contamination study and implementing necessary remediation measures. The TNPCB shall continue monitoring to ensure adherence to environmental standards, preventing any recurrence of pollution issues. Any further violations or noncompliance shall invite strict action from the TNPCB as per the law.

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13. In light of the above, both Original Applications [O.A. Nos. 52 and 67 of 2020 (SZ)] are closed.

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Sd/-

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Smt. Justice Pushpa Sathyanarayana, JM

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Dr. Satyagopal Korlapati, EM

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Sd/-

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O.A. No.52 & 67/2020 (SZ) 29^th January, 2025. Mn.

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Page 8 of 8

National Green Tribunal Southern Zone v. the Chief Secretary to Govt. of Tamilnadu

Case brief

What is this about?

What did the court decide?

National Green Tribunal Southern Zone v. the Chief Secretary to Govt. of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

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