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Before the National Green Tribunal Southern Zone

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Before the National Green Tribunal Southern Zone 1 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Application No.141, 159, 166, 167 & 187 of 2016 (SZ) Application No.141 of 2016 In the matter of Suo motu proceedings initiated based on the news item published in “The Hindu” dated 18.6.2016, under the caption “Activists oppose plan to widen Girivalam path” Application No.159 of 2016 J. Muhilan Hohm Sahaj Trust Tiruvannamalai .. Applicant Application No.166 of 2016 P.K. Dhananjayan Tiruvannamalai .. Applicant Application No.167 of 2016 S. Krishna Kumar Anna Nagar, Chennai .. Applicant Application No.187 of 2016 Venkatesh Santhana Adi Annamalai .. Applicant Vs Union of India .. 3rd respondent in Rep. by its Secretary Application No.187/2016 Ministry of Environment & Forest New Delhi The Secretary to Government of .. 1st respondent in Tamil Nadu Application No.141/2016 Department of Environment & Forests 2nd respondent in Fort St. George, Chennai Application No.187/2016 The Secretary to Government 2nd respondent in Government of Tamil Nadu Application No.141/2016 Public Works Department Fort St. George, Chennai The State of Tamil Nadu .. 1st respondent in Rep. by Home Secretary Application No.166/2016 Chennai Chief Secretary Tamil Nadu, Chennai .. 4th respondent in Application No.167/2016 The District Collector .. 1st respondent in Tiruvannamalai Application Nos.159,167 & 187/2016 2nd respondent in 2 Application Nos.166/2016 3rd respondent in Application No.141/2016 The District Forest Officer .. 2nd respondent in Tiruvannamalai Application No.167/2016 3rd respondent in Application No.159 & 166/2016 District Revenue Officer .. 5th respondent in Tiruvannamalai Application No.167/2016 The Divisional Engineer .. 2nd respondent in National Highways Department ApplicationNo.159/2016 Tiruvannamalai The Divisional Engineer 4th respondent in Highways Department Application No.166/2016 Tiruvannamalai (Asst. Dvn Engineer) 3rd respondent in Tiruvannamalai Application No.167/2016 4th respondent in Application No.166/2016 The Divisional Engineer .. 5th respondent in Tamil Nadu State Highways Dept Application No.159 of 2016 Tiruvannamalai The Executive Engineer .. 4th respondent in Public Works Department Application No.159 of 2016 Tiruvannamalai The Chairman .. 4th respondent in Tamil Nadu Pollution Control Board Application No.141/2016 Chennai The District Environment Engineer .. 5th respondent in TNPCB, Tiruvannamalai Application No.166/2016 The Commissioner 6th respondent in Tiruvannamalai Municipality .. Application No.166/2016 Counsel appearing for applicant M/s. R. Raman Laal M. Selvaraj .. Application No.159/2016 M/s. K. Narayana K.T.S. Sivakumar & C.S. Loganathan .. Application No.166/2016 M/s. V. Natarajan R.M. Jayabalan .. Application No.167/2016 M/s. D. Nagasaila, V.Suresh C.P. Moses, N.S. Tanvi .. Application No.187/2016 Counsel appearing for respondents For respondent Nos.1 & 3 In Application No.141/2016 3 For respondents 1 to 5 In Application No.159/2016 For respondent No.3 In Application No.166/2016 For respondents 2 & 5 In Application No.167/2016 For respondents 1 & 2 In Application No.187/2016 .. M/s. M.K. Subramanian E. Manoharan & P. Velmani For respondent No.2 In Application No.141/2016 For respondent Nos.1,2,4,5 & 6 In Application No.166/2016 For respondent Nos.1 & 4 In Application No.167/2016 .. Mr. E. Manoharan For respondent No.4 In Application No.141/2016 For respondent No.5 In Application No.166/2016 .. Mrs.H. Yasmeen Ali For respondent No.5 .. V.K. Rema Smirithi In Application No. 141/2016 Sindhu Suresh For respondent No.3 In Application No.187/2016 .. Mrs M. Sumathi O R D E R Present Hon’ble Shri Justice Dr.P.Jyothimani, Judicial Member Hon’ble Shri P.S.Rao, Expert Member - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - 30 th May, 2017 - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Whether judgment is allowed to be published on the Internet .. Yes/No Whether judgment is to be published in the All India NGT Reporter .. Yes/No Based on a news item appeared in “The Hindu” English - Daily Newspaper dated 18.6.2016, on the caption “Activists oppose plan to widen Girivalam path” wherein the environmentalists and activists are stated to have apprehensive that such widening of Girivalam path could 4 cause permanent damage to the sacred grove eco-system, the Tribunal has taken up the matter suo motu on 4.7.2016 in Application No.141 of 2016 and directed issuance of notice to the following officers: 1.The Secretary to Government of Tamil Nadu Environment and Forest Department, Fort St. George, Chennai 2. The Secretary to Government of Tamil Nadu Public Works Department, Fort St. George, Chennai 3. The District Collector, Thiruvannamalai 4. The Chairman,Tamil Nadu Pollution Control Board, Chennai 2. It is further stated that the proposal of widening of Girivalam Path at a cost of Rs.65 Crore is for creating a lane of 7 m to 10 m width for the passage of pedestrians/pilgrims and first phase of the work having been already started at Chengam Road Section, several Tamarind and Rain trees existing close to the road and Sonagiri Forest were felled for expansion. Further, the report has referred to the statement made by a Bird Watcher that Sonagiri Forest is home to unique birds like Paradise Fly Catcher, Indian Blue Robin, Tickell’s Blue Fly Catcher and Mottled Wood Owl and several migratory birds within the forest and is also the habitat for wild animals like Deer, Jackals, Porcupines and Scalyanteaters and that the hill which is a forest area, contains various kinds of trees like Kadambu, Maruthu, Azhinji and Iluppai trees. The report further stated that the District Collector who is stated to have informed that the work has been stopped and reassessment is being done and that initially the District Administration planned to cut 218 trees which was subsequently reduced to 125 trees and for cutting of every tree, there was a plan to grow 20 trees and saplings have been planted in the place where trees were cut on Chengam Road. 5 3. It was by taking note of the plan of the District Administration in cutting large number of trees, in the order dated 4.7.2016, we have directed the respondents not to cut or uproot trees in the Girivalam Path until further orders and directed the District Collector, Thiruvannamalai to file status report, indicating the number of trees to be cut and the other proposal. 4. One, Arumugam Dakshinamoorthy, a resident of the area filed M.A.No.123 of 2016 to implead himself and he was subsequently impleaded as 5th respondent in Application No.141 of 2016. 5. In the meantime, various private persons have filed separate applications. Application No.159 of 2016 came to be filed by one, J. Muhilan, stated to be one of the Trustees of Hohm Sahaj, founded on the instruction of Yogi Ramsurat Kumar for feeding Sadhus, providing health care and also constructed toilets free of cost to the poor people. He has stated that the path along the Arunachaleshwarar Temple is dedicated to Lord Shiva in Thiruvannamalai at the foothills of Annamalai which itself is regarded as Lord Shiva and the path along the hills called Girivalam is in the stretch of 14 KM road and on the Full Moon day, pilgrims do their Pradakshana on the Girivalam Pathway, commencing from 16 Pillar Mandapam situated on the Eastern side of the temple and go through Thiruvoodal Street, Chengam Road, Pei Gopuram Street and Somavara Kula Street etc., ending at the same 16 Pillar Mandapam. 6. According to the applicant, the official respondents have attempted to remove the trees in Chengam Road having large green cover with standing trees of more than 100 years and according to the applicant, there is no necessity to widen the Girivalam Path, since all these years the Girivalam is going on smoothly. Even otherwise, without changing the 6 alignment of Girivalam Path and without cutting of any trees, widening can take place and therefore, the applicant has prayed for permanent injunction against the District Collector from cutting or removing any tree in the Girivalam Path around Annamalai Hill without mandatory clearance from various authorities. 7. Likewise, one, S. Krishnakumar, a resident of Chennai, has filed Application No.167 of 2016, praying for a permanent injunction against the District Collector and District Revenue Officer, Thiruvannamalai from widening the Girivalam path and felling of trees for the said purpose. 8. According to the applicant, the passage of pilgrimage where the devotees gather in large number by walking, consists thick green cover of forest and by the process of urbanisation, the flora and fauna and the environment around the hill are attempted to be affected. This is particularly with reference to Sonagiri Forest which falls on the Pradakshana route. According to the applicant, inspite of the interim order passed by this Tribunal, the respondents are attempting to remove the trees. Such conduct is against the direction issued by the Hon’ble Supreme Court, the National Green Tribunal, Southern Zone Bench and violative the provisions of Forest (Conservation) Act, 1980, Environment (Protection) Act, 1986, Bio Diversity Act, 2002, Water (Prevention and Control of Pollution) Act, 1974 (Water Act) and Air (Prevention and Control of Pollution) Act, 1981 (Air Act). 9. The applicant further states that no environment impact study was conducted before the implementation of the scheme and it is not known as to the number of trees which are to be cut and damaged and by virtue of the proposed conduct, the bio diversity and eco system of the area will be 7 affected. That apart, large number of rainwater tanks locally known as Theerthams (Kulams) are existing from time immemorial in the Girivalam passage which keep the groundwater level intact and because of the negligence of the administration in not maintaining the Kulams properly, enormous damage has been caused to the environment.
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