BEFORE THE NATIONAL GREEN TRIBUNAL

SOUTHERN ZONE,

Application No.148 of 2015

Applicant(s) Respondent(s)

Tamil Annai Thamarabarani Welfare Vs. Member Secretary Trust rep. by its Managing Trustee Coastal Aquaculture Authority of T.Balasubramanian Adityan Ministry of Agriculture 5/24, Main Road, Kayamozhi 12A, Bharathi Street, Vanuvampet Thiruchendur Taluk, Tuticorin District Madipakkam, Chennai 2. The District Collector, Villupuram. 3. The Sub-Collector, Tindivanam 4. The Tahsildar, 5. The Assistant Director of Fisheries, Villupuram 6. The District Forest Officer, Villupuram 7. Joint Director of Agriculture Villupuram 8. The District Environmental Engineer Tamilnadu Pollution Control Board Villupuram 9. The Block Development Officer Marakkanam 10. The Executive Officer, Marakkanan Town Panhayat And others

Legal Practitioners for Applicant(s) Legal practitioners for respondent(s)

Mr.V.Kuberan Mr.Vijay for R1 M/s.Rank Associates M/s.M.K.Subramanian & P.Velmani for R2 to R7 Mrs.Yasmeen Ali for R8 M/s.Abdul Saleem, S.Saravanan & Vidyalakshmi for R9 & R10 M/s.K.Balakrishnan, R.Vijaya & B.Aparna Balakrishnan for R11 to R20

Application No.82 of 2016 (SZ)

Applicant/s Respondents A.Paramasivan 1. Pollution Control Board Pakkam Village rep. by its Chairman, Guindy, Chennai 2. The District Environmental Engineer Tamil Nadu Pollution Control Board Ambattur, Chennai 3. The District Collector, Thiruvallur 4. The Tahsildhar, Thiruvallur 5. The Chief Engineer, Thiruvallur 6. The District Forest Officer, Thiruvallur 7. The Assistant Engineer (Distribution) Tamil Nadu Electricity Board, Thiruvallur 8. The Secretary to Government Animal Husbandry, Dairying and Fisheries Dept, Fort St. George,Chennai 9. Revenue Divisional Officer, Ponneri 10. Veerasamy, Old Washermanpet, Chennai 11. Balaji, Vanuvampet, Chennai 12. Thangapandian, Old Washermanpet, Chennai

Counsel appearing for applicant Counsel appearing for respondents

Mr.G.Stanly Hebzon Singh Mrs.H. Yasmeen Ali for R1 & R2 M/s. M.K. Subramanian & P. Velmani For R3, R4, R6 & R9 M/s.M.Gnanasekar, K.Dillbabu, K.Shyam Sundar & M.N.Kathir for R10 to R12

Note of the Orders of the Tribunal Registry Item No. 6 Date: 1st August, 2016

Application No.148 of 2015

The Collector, Villupuram District has filed an additional report. It is

stated that there are 432 shrimp ponds in the patta lands situated in an

extent of 220.75.9 hectares in 11 villages of Marakkanam Taluk and all of

them have been closed and evicted and those are the farms which are

operating without license. The farms which have been registered with the Coastal Aqua Culture Authority, Government of India, Chennai are stated to

have been excluded. It is further stated that there were 65 shrimp farms

present in an extent of 67.84.5 hectares of Government Poromboke lands in

11 villages and they have been completely destroyed to the ground level

and electricity have been disconnected.

The particulars given in the said report are as follows:

S.No Name of the Village Government Poromboke Lands . Total No. of Ponds Extent (ha) Evicted 1. Nadukuppam 48 59.07.0

2. Marakkanam (South) - -

3. Marakkanam (North) 1 1.00.0

4. Kandadu 4 3.15.0

5. M.Pudupakkam 2 0.24.0

6. Thirukkanur 2 2.43.0

7. Oorani - -

8. Chettikuppam - -

9. Cheyyankuppam - -

10. Anumandai 1 0.95.5

11. 7 1.00.0

Total 65 67.84.5

It is further stated that there were 278 shrimp farms present in an extent of

53.42.5 hectares of forest lands and they have been cleared and evicted as per the particulars in Annexure which are as follows:

Name of the Village Forest Lands S.No. Total No. of Ponds Extent (ha) Evicted 1. Nadukkuppam 104 -

2. Marakkanam (South) - -

3. Marakkanam (North) 1 0.58.0

4. Kandadu - -

5. M.Pudupakkam - -

6. Thirukkanur

7. Oorani 64 -

8. Chettikuppam 5 2.53.0

9. Cheyyankuppam 4 -

10. Anumandai 75 50.31.5

11. Koonimedu 25 -

Total 278 53.42.5

In respect of 10 ponds in the patta land of Mr.Ravi Varman,

Nadukuppam Village in the Government Poromboke lands in respect of that a portion has been removed earlier and after status quo order was granted on the last hearing, the same has been left out. Likewise, in respect of one, Mr.Kumaravel of Oorani Village, 5 ponds in patta lands and

6 ponds in various lands were used for cultivation of shrimp ponds and in respect of various lands after removing certain portion of it by virtue of the interim order, the status quo is maintained.

It is also stated that the Press Release have been issued in daily newspapers directing to close illegal shrimp farms which are carried out in contravention of Sub-Section (1) of Section 13 of the Coastal Aqua Culture

Authority Act, 2005 to the effect that if, in contravention, any such farms are conducted, they will be liable for prosecution. The learned counsel appearing for Coastal Aqua Culture Authority has filed a list of persons who are registered under the Authority, numbering 32 which has also been taken on record. Interim order already passed shall continue.

Application No.82 of 2016:

Mr.Sahadeven, learned counsel submits that he also wants to file M.A.

for impleadment including judgement of the Hon’ble Supreme Court in

Jagannathan case. If such M.A. is filed and the same is in order, the

Registry to number the same and post the M.A. on the next date of hearing.

Both the matters are posted after hearing the learned counsel on both sides at some length, we are of the view that to decide the larger issue about the interpretation of the Coastal Aqua Culture Authority in the light of

CRZ Notification, 2011, Government of India represented by Secretary to

Government, Ministry of Environment & Forest and Climate Change, New

Delhi as well as Government of India represented by Secretary to

Government, Ministry of Agriculture, New Delhi should be added as parties.

Accordingly, the above said parties are added as respondent Nos.21 and

22 and in Item No.6 as respondent Nos.13 and 14. Mr.Su.Srinivasan, Asst.

Solicitor General takes notice for Ministry of Agriculture. Mr.Gokul

Krishnan takes notice for Ministry of Environment & Forest and Climate

Change. The learned counsel appearing for the parties shall submit the pleadings to the learned counsel appearing for the newly added parties.

Registry to make necessary amendment in this regard. The learned counsel appearing for the applicant shall file fresh memo of parties by the next date of hearing viz., on 24.08.2016.

...... JM (Justice Dr.P.Jyothimani)

...... EM (Shri P.S.Rao)