BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI M.A.Nos.100 to 109 of 2016 in Application No.148 of 2015 M.A.Nos.100 to 109 of 2016
Applicant/s M.A.No.100/2016 A.Sankar, Kottakuppam M.A.No.101/2016 N Krishna Devan, Oorani M.A.No.102/2016 Ravivarman, Anumanthai M.A.No.103/2016 Manikandan, Anumanthai M.A.No.104 of 2016 Poyyamozhi, Anumanthai M.A.No.105 of 2016 Gunasekar, Nadukuppam M.A.No.106 of 2016 Ravichandran, Chettikuppam M.A.No.107 of 2016 Kumaravel M.A.No.108 of 2016 D. Rajendhiran, Annumanthai M.A.No.109 of 2016 Joshkutti, Puduvai
Counsel appearing for applicants Mr. V. Prabakaran, Senior Counsel for M/s.K. Balakrishnan, R. Vijaya B. Apama Balakrishnan
Application No.148 of 2015
Applicant(s) Respondent(s)
Tamil Annai Thamarabarani Welfare Vs. 1. Member Secretary Trust rep. by its Managing Trustee Coastal Aquaculture Authority of India 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, Marakkanam
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
11. A.Sankar, Kottakuppam 12. N Krishna Devan, Oorani
13. Ravivarman, Anumanthai
14. Manikandan, Anumanthai
15. Poyyamozhi, Anumanthai
16. Gunasekar, Nadukuppam
17. Ravichandran, Chettikuppam
18. Kumaravel
19. D. Rajendhiran, Annumanthai
20. Joshkutti, Puduvai
Legal Practitioners for Applicant(s) Legal practitioners for respondent(s)
Mr.V.Kuberan Mr.Vijay for R1 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
Orders of the Tribunal Date and Remarks 18th July, 2016 . We have heard Mr. Prabakaran, learned Senior Counsel
appearing for the applicants. He has also referred to various orders
of the High Court of Madras passed under the Land Encroachment
Act as well as Forest Act and there has been direction under those
Acts that before removing any person, even if he is an encroacher,
notice must be given. In respect of the ten applicants who were also
parties in those proceedings under the Land Encroachment Act,
without any notice, based on a direction given by this Tribunal that
illegal shrimp culture farms should be removed, order of removal has
been passed.
On the other hand, Mr.Gokul Krishnan, learned counsel
appearing for the respondents would submit that except in respect of
Mr. Ravivarman all other farms have been removed. This fact is
repudiated by the learned Senior Counsel.
In such view of the matter, we direct that in respect of the above
ten applicants, status quo as on today shall be maintained till the next
date of hearing.
Learned counsel appearing for the Coastal Aquaculture Authority
of India has submitted that taking advantage of the order of this
Tribunal dated 1.7.2016 wherein we have recorded the submission
made by the Tahsildar that 32 hatcheries are situated and also the
undertaking given by the learned counsel appearing for the
Government that steps will be taken to remove the hatcheries situated within the CRZ zone.
The learned counsel appearing for the Coastal Aquacuture
Authority of India constituted under the Coastal Aquaculture Authority
Act, 2005 has submitted that under the Act there has been a validation provision, which enables the Authority under the Act even to permit hatcheries situated in the CRZ Zone, subject to the satisfaction of the conditions stated in the Act. He has also submitted that the following hatcheries are situated in the said area
Sl. Name & address Location of Permit Valid
No. of the hatchery the hatchery No Upto
1 M/s.Vaisakhi Bio- Kaipeni 56-3(03)/2009 31.3.2020
Marine Pvt.Ltd kuppam
Akkyyapalem village,
Vishakapatnam Dt Marakkanam
Andhra Pradesh PO,
Tindivanam
Tk
Villupuram Dt
2 M/s.Oceanic Alapakkam 56-3(17)/2009 31.3.2020
Edibles Village
International Ltd. Mandavai PO
Egmore, Marakkanam
Chennai Via
3 M/s.Best India Chettinagar 56-3(23)/2009 31.3.2020
Marine Harvests Village
Mel Near
Ayanampakkam Marakkanam
Chennai
4 M/s.C.P.Aqua Chettikuppam 56-3(28)/2011 31.3.2020
culture (India) Village,
Pvt.Ltd Anumandhai
Nallur, Vijaya PO
Nallur Village Marakkanam
Sholavaram
Red Hills,Chennai
5 M/s.Empire Marine Keezhpettai 56-3(38)/2011 31.3.2020
Harvest, Anumandhai
Royapuram PO
Chennai Marakanam
6 Shri T. 24, Chetti 56-3(40)/2011 31.3.2020
Venkatraman Nagar,
M/s.Sona Shrimps Koonimedu
Hatcheries PO
Koonimedu PO Tindivanam
Marakkanam TK
7 M/s.Rank Marine Chettikuppam 56-3(42)/2011 31.3.2020
Hatchery Marakkanam
Kundupalayam
Thattanchavady
PO
Pondicherry-9
8 M/s.Jay Jay Aqua Panichamedu 56-3(55)/2011 31.3.2020
Tech Kuppam,
Vivekananda Anumanthai
Nagar,Pondicherry PO
Marakkanam
9 M/s.Venture Mandavai 56-3(77)/2012 31.3.2020
Shrimp Hatcherry Pudukuppam
Shenoy Nagar Village
Chennai Marakkanam
10 M/s.Golden Marine Chettikuppam 56-3(78)/2020 31.3.2020
Harvest Village
Chettikuppam Anumanthai
Village PO
Anumanthai
11 M/s.BMR Hybrid Anumanthai 56-3(79)/2020 31.3.2020
Scampi Kuppam
Hatcheries Village
Luz Tindivanam
Church Road Tk
Mylapore
Chennai
12 M/s.Hybrid EBI Anumanthai 56-3(80)/2020 31.3.2020
Hatcheries Pvt Kuppam
Ltd. Mylapore village
Chennai
13 Unit-II Shrimp Mandavai 56-3(95)/2020 31.3.2020
Hatchery Pudukuppam
M/s.Oceanic Marakanam
Edibles
International Ltd
Egmore,Chennai
14 Unit-III Shrimp Mandavai 56-3(96)/2020 31.3.2020
Hatchery Pudukkuppam
M/s.Oceanic Marakanam
Edibles
International Ltd
Egmore,Chennai
15 M/s.Indo Shrimps Chettikuppam 56- 31.3.2020
& Seed Ltd Village 3(101)/2012
Anna Nagar Villupuram Dt
Chennai
16 S.Uma Parvathy Chettikuppam 56- 31.3.2020
Proprietor Anumanthai 3(111)/2013
M/s.Hi-Q-Marine Marakkanam
Hatchery
Gundupalayam
Puducherry
17 M/s.Best Aqua Star Azahagan 56- 31.3.2020
Shrimp kuppam 3(143)/2014
Hatcheries Thazhankadu
Pondicherry Post
Villupuram Dt
18 M/s.KKP Aqua Mandavai 56- 31.3.2020
Hatcherie Puthukuppam 3(144)/2014
Mandavai Marakkanam
Puthukuppam
Marakkanam
19 M/s.Pavani Vasavan 56- 31.3.2020
Hatcheries kuppam 3(145)/2014
Chintadripet Marakanam
Chennai
20 M/s.Calypso] Ekkiyar 56- 31.3.2020
Aquatec Pvt.Ltd kupopam 3(173)/2014
Ekkiyarkuppam Village
Marakkanam Marakkanam
Villupuram
21 M/s.BMR Hybrid Thithavari Rd 56- 31.3.2020
Scampi Marakkanam 3(177)/2014
Hatcheries
Mylapore
Chennai
22 M/s.AR Shrimp Panichamedu 56- 31.3.2020
Hatchery Kuppam 3(180/2014
Panichamedu Anumandhai
Kuppam PO,
Anumandhai
23 K. Selvam Mudhaliar 56- 31.3.2020
M/s.Blue Shrimps Kuppam 3(199)/2015
Mudhaliar Keezh
Kuppam Pudhupattu
Keezh Pudhupattu Village
Tindivanam Tindivanam
Tk
24 M/s.Allwin Aqua Chettinagar 56- 31.3.2020
Tech Koonimedu 3(201)/2015
Chettinagar PO
Koonimedu Tindivanam
Tindivanam Tk
25 M/s.Jay Jay Aqua Chetty 56- 31.3.2020
Farms Nagar 3(225)/2015
Reddiarpalayam Koonimedu
Pondicherry Tindivanam
26 M/s.Sai Aqua Keelpettai 56- 31.3.2020
Hatchery Kuppam 3(232)/2015
Keelpettai kuppam Village
Marakkanam Tindivanam
Tk
27 M/s.Lotus Raaj Vasavan 56- 31.3.2020
Hatchery Kuppam 3(239)/2015
Palavakkam Village
Chennai Marakkanam
North
28 M/s.Tropical Keelpettai 56- 31.3.2020
Shrimp Village 3(260)/2016
Hatchery Marakkanam
West Mambalam Tk
Chennai
29 M/s.SM Hatcheries Atchikkadu 56- 31.3.2021
Old Washermenpet Village 3(269)/2016
Chennai Marakkanam
Tk
30 M/sEast Coast Keezhupettai 56- 31.3.2021
Hastcheries Village 3(279)/2016
Keezhpetttai Anumandhai
Anumandhai PO PO
Marakkanam Tk Marakkanam
and they have to obtain permission from the Authority and they have to register with the Authority and therefore, they are entitled to carry on the hatcheries, even if they are situated within the CRZ zone and the learned counsel undertakes to produce such orders passed with the conditions on the next date of hearing.
We make it clear that in respect of the above said 30 hatcheries also the authorities shall maintain status quo as on date, which means that those hatcheries shall not be disturbed till the next date of hearing
Applications in M.A.100 to 109 of 2016 stand ordered. The applicants therein are impleaded as party – respondents in the main application. The Registry to carry out amendment in the array of parties. The learned counsel appearing for the applicant shall file
fresh memo of parties.
Post the application on 1.8.2016.
…...... , JM (Justice Dr.P. Jyothimani)
…...... ,EM (Shri P.S. Rao)