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Before the National Green Tribunal Southern Zone, Chennai

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Before the National Green Tribunal Southern Zone, Chennai BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI APPLICATION NO. 239 OF 2017 (SZ) In the matter of Magimalayar Vettuvaikkal Kadaimadai Pasana Vivasayigal Sangam Rep. by its Deputy Secretary A.Sivakumar Kaliyappanallur Tharangambadi Taluk Nagapattiam …Applicant Vs 1.The Tamil Nadu Pollution Control Board, Rep. by its Member Secretary, No.76, Mount Salai, Guindy, Chennai.600 032. 2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.14, Perumalsannathi Street, Nagapattinam – 611 001. 3. The District Collector, Nagapattinam District, Nagapattinam. 4. The Sub Collector, Mayiladuthurai Division, Mayiladuthurai, Nagapattinam District. 5. The Assistant Director, Department of Geology & Mines, Colleactorate, Nagapattinam District. 6. S. Kumar, S/o. Sellakannu, No.26/1, Velippalayam Street, Sathungudi Village, Tharangambadi Taluk, Nagapattinam District. 7. K. Indra, W/o. Kumar, No.26/1, Velippalayam Street, Sathungudi Village, Tharangambadi Taluk, Nagapattinam District. …Respondents Counsel appearing for the applicant M/s. K. M. Vijayan Associates ORDER PRESENT: HON’BLE SHRI JUSTICE M.S. NAMBIAR, JUDICIAL MEMBER HON’BLE SHRI P.S. RAO, EXPERT MEMBER Dated 6th November, 2017 Whether the Judgement is allowed to be published on the Internet – Yes/No Whether the Judgement is to be published in the All India NGT Reporter – Yes/No Application is filed under Section 14 of the National Green Tribunal (NGT) Act, 2010 with the following prayer: “ To direct the respondents to take action against the violators on the representation of the petitioner dated 21.03.2017, in accordance with the letter of Geology Department in O.Mu.No.29/mines/2016 dated 29.02.2016 and pass further order as this Tribunal may deem fit and proper in the circumstances of the case and thus render justice.’ Learned counsel appearing for the applicant submitted that the case of the applicant is that as per the lease agreement granted for quarrying savudu, after completing the mining, the excavated portion has to be filled. Respondent No.6 obtained lease agreement to carry mining in Survey Nos.273/3A, 287, 289/1A, 298/5F and 298/7B. However, after completing the mining the excavated site remains as such without any filling. The applicant sent a representation to respondent No.1, the Tamil Nadu State Pollution Control Board (TNPCB) pointing out the violation. But no action was taken and a new license has now been granted to respondent No.7, who is the wife of respondent No.6, to quarry the nearby land which is benami for respondent No.6 and therefore direction is sought to be issued for taking action against the violators. Section 14 of the NGT Act, 2010 provides that the Tribunal shall have the jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment), is involved and such question arises out of the implementation of the enactments specified in Schedule-I. On a reading of the entire application, we find that no substantial question relating to environment, including enforcement of any legal right relating to environment, under any of the enactments specified in Schedule-I, is alleged. The grievance of the applicant is against the violation of the conditions of the mining lease granted to respondent No.6 and for granting further mining lease in favour of his wife, which is alleged to be benami for respondent No.6. The lease was granted under the Mining Act which is not one of the enactments specified in Schedule-I. The application does not disclose any environmental damage caused due to the violation of the conditions of the mining lease. Instead the case is only with regard to the violation of the conditions of the mining lease and granting lease in favour of respondent No.7. Hence we find that Section 14 of the NGT Act is not attracted as per the pleadings in the application. Application is therefore dismissed with no order as to costs. Justice M.S. Nambiar Judicial Member Shri P.S.Rao Expert Member .
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