Disposed

R Kandasamy v. Public Works Division

NGT9 Jul 2026IA No. 70/2026 in Original Application No. 96/2026

Case brief

AI extract

What is this about?

The National Green Tribunal directed TNPCB to verify if consents for bio-medical waste and sewage were applied for regarding a proposed hospital on watercourse land. The court disposed of the application, noting alleged encroachment claims were unverified but noting encroachments in Survey No. 73 were already removed.

What did the court decide?

Directed TNPCB to verify consent applications by Respondents 10 and 11 for bio-medical waste and sewage disposal.

R Kandasamy vs Public Works Division — Environment and Pollution | NGT (2026)

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Item No.07:-

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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Thursday, the 9^th day of July, 2026.

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(Through Physical Hearing (Hybrid Option)

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Original Application No.96 of 2026 (SZ) & I.A. No.70 of 2026 (SZ)

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IN THE MATTER OF:-

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R. Kandasamy, S/o Rajamani, D.No.23, Oyyangadu, Opp. Kandasamy Mill, Vasavi College Post, Erode – 638 316. Tamil Nadu.

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… Applicant(s)

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Versus

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1. The State of Tamil Nadu, Through the Secretary, Public Works Department, Secretariat, Fort St. George, Chennai – 600 009.

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2. The District Collector, Office of the Collectorate, Erode District, Erode – 638 011, Tamil Nadu.

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3. The Commissioner,

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Erode City Municipal Corporation Office, New No.246, Old No.894, Brough Road,

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Erode District – 638 001, Tamil Nadu.

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4. The Tahsildar ,

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Erode Taluk Office, New No.12, Old No.360, Erode Main Road, Panneer Selvam Park,

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Erode District – 638 001, Tamil Nadu.

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5. The Member Secretary,

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The Tamil Nadu Pollution Control Board, 76, Anna Salai, Guindy,

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Chennai – 600 032, Tamil Nadu.

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6. The District Environmental Engineer,

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The Tamil Nadu Pollution Control Board, CMP Plot, SIDCO Industrial Estate, Chennimalai Road, Erode – 638 001, Tamil Nadu.

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Page 1 of 3

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7. The Commissioner,

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Office of the Commissioner of Town and Country Planning, 2^nd , 3^rd & 4^th Floor, C & E Market Road, Koyambedu, Chennai – 600 107.

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8. The District Town and Country Planning Officer, Town and Country Planning Office, Uzhavar Sandhai Backside Gate, Erode – 638 001, Tamil Nadu.

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9. The Executive Engineer, Water Resources Department, Tamil Nadu Water Supply and Drainage Board, Lower Bhavani Basin Division, Kona Vaikkal, Erode – 638 002, Tamil Nadu.

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10. Dr. Dinesh Kumar, No.597, D1, Mettur Main Road, Bhavani, Erode District – 638 301, Tamil Nadu.

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11. Dr. Surya, No.597, D1, Mettur Main Road, Bhavani, Erode District - 638 301, Tamil Nadu.

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…Respondent(s)

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CORAM :

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HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

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HON’BLE Dr. PRASHANT GARGAVA, EXPERT MEMBER

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For Applicant(s): M/s. K. Parvathi, Deepa Mariappan, Mohammed Umar. K, Sangamithra Loganathan & Ainstin. R.

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For Respondent(s): Mr. J. Vinoth a/w. Mr. U. Gokulakrishnan for State of Tamil Nadu. Mr. S. Sai Sathya Jith for Tamil Nadu PCB.

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JUDGMENT

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1. The above application is filed seeking a direction to the Tamil Nadu Pollution Control Board (TNPCB) and the Directorate of Town and Country Planning to conduct a joint inspection in Survey Nos. 73 and 74 of Mettunasuvanpalayam

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Page 2 of 3

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Village, Erode District, alleging that there is an encroachment, as the above survey numbers are classified as 'Odai'. However, from the documents filed by the applicant, it is seen that there is no encroachment in Survey No. 73 and that the said encroachments have already been removed by the authorities concerned.

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2. As the application is against the construction of a proposed Multispeciality Hospital, alleging that the same is being constructed on a watercourse land and requires appropriate consents for the disposal of the bio-medical waste as well as the sewage generated, we direct the TNPCB to verify whether Respondent Nos. 10 and 11 have applied for consent, if any is required. If not, let the TNPCB take appropriate action in accordance with law. In this regard, the applicant is directed to give a representation to the TNPCB.

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3. With the above direction, the Original Application

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[O.A. No.96 of 2026(SZ)] is disposed of.

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4. The pending Interlocutory Application [I.A. No.70 of 2026(SZ)] is closed.

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Sd/-

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Smt. Justice Pushpa Sathyanarayana, JM

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Sd/Dr. Prashant Gargava, EM

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O.A. No.93/2026(SZ) I.A. No.70/2026 (SZ) 9^th July, 2026. AD.

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Page 3 of 3

R Kandasamy v. Public Works Division

Case brief

What is this about?

What did the court decide?

R Kandasamy v. Public Works Division

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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