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Before the National Green Tribunal Southern Zone

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Before the National Green Tribunal Southern Zone BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI 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 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 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 M.A.No.88 of 2016 Smt.Peria Samakal, Vellore District Legal Practitioners for Applicant(s) M/s.K.Rajasekaran, K.Selvamani & S.Patrick M.A.No.89 of 2016 M/s.Marakkanam Prawn Culture Farmers’ Association rep. by its President Mr.D.Rajendran, Villupuram District Legal Practitioners for Applicant(s) M/s.S.Subbiah, P.Raja, R.Chandramohan & R.Sivamurali Note of the Orders of the Tribunal Registry Item No. 21 Date: 1st July, 2016 M.A.No.89 of 2016 This application is filed by M/s.Marakkanam Prawn Culture Farmers’Association to implead them as a party in Main Application No.148 of 2015. However, in the application, there are no particulars about the number of members and the particulars relating to the properties owned by them; whether they are patta lands or not and in such circumstances, the application in the context of factual circumstances cannot be permitted to be allowed, as it is framed. Accordingly, M.A.No.89 of 2016 stands dismissed. However, with liberty to the applicant’s association to file fresh application, if they so, advised with all necessary particulars. M.A.No.88 of 2016 This application is filed by Smt.Peria Samakal for the purpose of impleading herself as a party in the Main Application No.148 of 2015. The averments made in the application shows that she is the owner of lands to the extent of 0.38.0 hectare in Survey No.544/1 and 1.46.0 hectares in S.No.544/4A and 4B in Marakkanam Village, Marakkanam Taluk, Villupuram District. That apart, she has entered into a lease agreement with one Mr.Munusamy Naicker, son of Gangathara Naicker in respect of lands bearing S.No.544/2 having an exent of 0.84 cents and S.No.544/3 having an extent of 0.53 cents. She has also stated that actually she intended to start the aquaculture farm in the year 2003. However, due to financial constraints she was not able to carry on any activities for the past 13 years. In the year 2016, it appears she has approached the Bank for the purpose of loan and after obtaining the sanction order for the loan from the Bank for the purpose of creating shrimp farms, she has applied to the competent authorities for permission. Admittedly, the authorities are yet to give permission. In spite of the same, it is admitted by her that she has carried on the activities of prawn culture in the above extent of lands and for the past 86 days, the culture has been completed. On the other hand, what has been done by her is not permissible in law when authority competent has not given permission. In such view of the matter, the Farm Culture of the applicant has to be demolished. The Tahsildar who is present in the Tribunal, is directed to take immediate steps for demolishing the above extent of land where the prawn culture activities has been carried on by the applicant and report the same on the next date of hearing. We make it clear that on the demolition of the said prawn culture and after the authorities competent give permission, it is always open to the applicant to establish the same afresh. With the above direction, the application in M.A. No.88 of 2016 stands disposed. Application No.148 of 2015 The Tahsildar viz., 4th respondent has filed affidavit. He has stated that there are 218 illegal shrimp farms in 12 villages in Marakkanam Taluk viz., Anumandai, Chettikuppam, Cheyyankuppam, Nadukuppam, M.Pudupakkam, M.Thirukkanoor, Marakkanam North, Marakkanam South, Koonimedu, Kanthandu, Urani and Vada Agaram. He has also stated that the illegal shrimp farms numbering 218, being carried on in patta lands, were closed on 14th June, 2016 and 32 illegal shrimp farms have encroached in Government Poromboke land and 108 shrimp farms encroached in forest land. The Tahsilar has also stated that electricity supply has been disconnected in respect of illegal shrimp farms in the villages of Anumandai – 26 Nos.,Nadukuppam -33 nos., M.Pudupakkam – 6Nos. and Thirukkanoor – 7 Nos. According to him, the eviction of 51 illegal shrimp ponds has been completed with an extent of 29.13.5 ha and 102 shrimp ponds with an extent of 48.95.5 ha of forest land. The eviction of 2 illegal shrimp ponds has been completed in Chettikuppam Village with an extent of 0.60.5 ha in patta land and 5 shrimp ponds with an extent of 2.53.0 ha. in forest land. Therefore, the eviction of 7 illegal shrimp ponds has been completed in Cheyyankuppam village with an extent of 1.63.5 ha in patta lands. Likewise, the eviction of 56 illegal shrimp ponds has been completed in Nadukuppam village in patta land and 16 shrimp ponds in Government Poromboke land and 31 shrimp ponds in forest land. The eviction work in respect of entire area will be completed by 30.07.2016. In view of the statement made by the Tahsildar, we direct the Tahsildar who, in consultation with the District collector to complete the process by 31st July, 2016 and inform the same to this Tribunal on 01.08.2016. The learned counsel appearing for the Government has also expressed that there has been law and order problem, since people have started opposing from entering into the place. We make it clear that in the event of such law and order problem arises, it will be always open to the Tahsildar to obtain necessary police protection and on such request, the Superintendent of Police of the District shall provide adequate protection to the Tahsildar as well as other officers nominated by the District Collector to perform the above said function. Learned Counsel appearing for the Government undertakes that steps will be taken to remove the hatcharies situated within the CRZ zone. The Tahsildar has submitted that 32 of such hatcharies are situated. The learned counsel for the Government after removal of the same, shall report in that regard. The following officers are present in the Tribunal. Mr.Arunkumar R. – Inspector of Fisheries, Marakkanam Mr.M.Murugan - Executive Officer, Marakkanam Mr.M.Subramaniyam – Deputy Block Development Officer Post this application on 01.08.2016. ....................................................JM (Justice Dr.P.Jyothimani) ....................................................EM (Shri P.S.Rao) .
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