BEFORE THE NATIONAL GREEN TRIBUNAL

SOUTHERN ZONE, CHENNAI

Application No.72 of 2015 And M.A.No.183 and 184 of 2016 (SZ) In the matter of

1. S.Joel No.260-E, V.M.Complex, Balavinayagar Koil Street, Tuticorin -2

.. Applicants Vs.

1. The Secretary to Government of , Department of Environment and Forest Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi 110003

2. The Secretary to Government of India, Ministry of Mines, Room No.307, III Floor, Wing-D, Shastri Bhavan, New Delhi 110001

3. The Secretary, Government of , Department of Environment and Forest, Secretariat, Fort St. George, Chennai 600009

4. The Director of Environment, No.1, Jeenis Road, Panagal Building. Ground Floor, Saidapet, Chennai 600015

5. The Commissioner, Department of Geology and Mining, Thiru-vi-ka Industrial Estate, Guindy, Chennai 600032

6. The Principal Chief Conservator of Forests, (Head of Forest Force), Department of Forest, No.1, Jeenis Road, Panagal Building, Saidapet, Chennai 600015

7. The Commissioner, Department of Archaeology, Tamil Valarchi Valaagam, Halls Road, Egmore, Chennai 600008

8. The District Collector, Office of the District Collector Korampallam, ,

9. The Superintending Engineer, PWD/ WRO, Thamirabarani River Basin Circle, -2

10. The Assistant Director, Department of Geology and Mining, Office of the District Collector, Korapallam, Thoothukudi

11. The District Environmental Engineer, Tamil Nadu Pollution Control Board, C-7 & C-9 SIPCOT Industrial Complex, Meelavittan Road, Thoothukudi

12. Mr.S.M.A.Gandhimathinathan, President, Srivaikundam Anai Neerpidippu Kulangal Pathukappu Sangam, No.1/151, Arumugam Nagar, Pudukottai 628130 – Thoothukudi District.

13. Mr.C.Nainar Kulasekaran, Organiser, Tamirabarani River Water Protection Peravai Thoothukudi District, Nattathi (Post) Pannaivilai (via), Srivaikundam.

14. Mr.P.Arumuga Nainar, No.2/157, West Street, North Tholappan Pannai, Padmanabamangalam Post, Srivaigundam Taluk, Thoothukudi District.

15. Mr.V.R.Raja, No.34-B, Elil Nagar, Kottayaru, Karaikudi Taluk, Sivagangai District

16. Mr.D.Veerappan, Contractor, No.2/1048, Malavalayanpatti, Alangudi Taluk, Pudukottai District.

.. Respondents Counsel appearing for the applicant:

M/s.P. Ravi Kumar G.Vijayakumar, M.Sathish kumar Y.Antony Jothi Sheeran

Counsel appearing for the respondents Mr.M.R. Gokul Krishnan for R-1 Sri Su.Srinivasan, Asst. Solicitor General –R2 M/s.M.K.Subramanian E.Manoharan & P.Velmani for R3,R4, R6, R8 and R10 M/s.Abdul Saleem, S.Saravanan & Vidyalakshmi for R5, R7 & R9 Smt.Yasmeen Ali for R11 Mr.S. Radhakrishnan, P.Ramaiah & M. Prabaharan for R12 Mr.J. Ramesh for R13 M/s.M. Ponniah & V. Arulraja – R14 M/s.Kamalesh Kannan & Sai Sathya Jith for R15 M/s.S.Thankasivan T.Umasivan - R16 O R D E R

Present

Hon’ble Shri Justice Dr.P. Jyothimani, Judicial Member

Hon’ble Shri P.S.Rao, Expert Member

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22nd November, 2016

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This application is filed by the applicant with a prayer to direct the 1st and 2nd respondents viz., The Secretary to Government of India, Department of Environment and Forest, and The

Secretary, Government of India, Ministry of Mines, New Delhi to grant Environmental Clearance

(EC) for desilting Srivaikuntam Dam situated in Srivaikuntam Taluk, Thoothukudi District and also direct the respondent Nos.3 to 11 to initiate immediate and effective steps to commence the desilting project on receipt of necessary EC issued by the 1st respondent and to complete the same before the monsoon in September-October, 2015.

2. It is true that at the time of filing the application, there was no provision under EIA

Notification, 2006 for the purpose of getting EC for desilting activities or not. But subsequently, by an amendment dated 15.01.2016 which was carried out to the EIA Notification, 2006 amending para 7 (IB) in Appendix 9 wherein the amendment reads that certain cases do not require prior EC which includes:

1. Community works like de-silting of village ponds, construction of village roads, ponds, bunds undertaken in Mahatma Gandhi National Rural Employment and Guarantee Schemes, other Government sponsored schemes and community efforts.

2. Dredging and de-silting of dams, reservoirs, weirs, barrages, river, and canals for the purpose of their maintenance, upkeep and disaster management.”

3. In view of the subsequent changes made in EIA Notification, 2006 the prayer in this application has become infractuous. Accordingly, this application stands closed since no relief can be granted by virtue of the amendment which was carried out to the EIA Notification, 2006.

However, it is always open to the applicant to work out his remedy in the manner known to law in respect of the issue involved in this case.

As the main application No.72 of 2015 stands closed, M.A.Nos.183 and 184 of 2016 also stand closed as no order is necessary.

Justice Dr. P. Jyothimani Judicial Member

Shri P.S.Rao Expert Member