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2021 Supreme(Online)(NGT) 699

Item No.2 & 3:-

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 66 of 2020 (SZ)

With Original Application No. 193 of 2020 (SZ)

(Through Video Conference)

IN THE MATTER OF:

Tribunal on its own motion Suo Motu Based on the news item published in The Times of India dated 07.05.2020 under the caption “Oil leak from ONGC pipe destroys cotton on 2 Acres”

With Tribunal on its own motion Suo Motu Based on the news item published in The New Indian Express, Chennai Edition dated 24.09.2020 under the caption “Paddy field filled with crude oil as ONGC pipeline leaks”

…Applicant(s)

Versus The Chief Secretary to Government of Tamil Nadu, Government Secretariat, Fort St. George, Chennai and Ors.

… Respondent(s)

O.A. No.66 of 2020 (SZ):

For Applicant(s): SuoMotu by Court.

For Respondent(s): Dr. D. Shanmuganathan for R1, R4, R5 & R7.

Mrs. M. Sumathi for R2.

Mrs. P. Jayalakshmi for R3. Mr. S. Sai Sathya Jith for R6.

M/s. Giridhar & Sai for R8 & R9.

O.A. No.193 of 2020 (SZ):

For Applicant(s): SuoMotu by Court.

For Respondent(s): Dr. D. Shanmuganathan for R1, R4, R5 & R7.

Mr. G.M. Syed Nurullah Sheriff for R2.

Mrs. P. Jayalakshmi for R3. Mr. S. Sai Sathya Jith for R6.

M/s. Giridhar & Sai for R8 & R9.

Judgment Pronounced on: 23rd December, 2021.

CORAM HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER

Advocates:
For the Petitioner: NONE
For the Respondent:

ORDER

Judgment pronounced through Video Conference. Both these original applications are disposed of with directions vide separate Judgment.

Pending interlocutory application, if any, shall stand disposed of.

Sd/-

........................................J.M. (Justice K. Ramakrishnan)

Sd/-

....................................E.M.

(Shri. Saibal Dasgupta)

O.A. No.66/2020 (SZ)

O.A. No.193/2020 (SZ)

23rd December, 2021. Mn.

Item No.2 & 3:-

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 66 of 2020 (SZ)

With Original Application No. 193 of 2020 (SZ)

(Through Video Conference)

IN THE MATTER OF:

Tribunal on its own motion Suo Motu Based on the news item published in The Times of India dated 07.05.2020 under the caption “Oil leak from ONGC pipe destroys cotton on 2 Acres”

With Tribunal on its own motion Suo Motu Based on the news item published in The New Indian Express, Chennai Edition dated 24.09.2020 under the caption “Paddy field filled with crude oil as ONGC pipeline leaks”

…Applicant(s)

Versus

1. The Chief Secretary to Government of Tamil Nadu, Government Secretariat, Fort St. George, Chennai – 600 009.

2. Union of India, Represented by its Secretary, Ministry of Environment and Forests and Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi – 110 003. 3. Central Pollution Control Board, Rep. by its Chairman, „Parivesh Bhawan‟, East Arjun Nagar, Shahdara, Delhi – 110 0032.

4. The Secretary to Government of Tamil Nadu, Department of Environment, Govt. Secretariat, Fort St. George, Chennai – 600 009.

5. The Principal Secretary to Government of Tamil Nadu, Industries Department, Govt. Secretariat, Fort St. George, Chennai – 600 009. 6. The Chairman, Tamil Nadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai – 600 032.

7. The District Collector, First Floor, Collectorate, Thiruvarur – 610 004.

8. Oil and Natural Gas Corporation Limited, Rep. by its Chairman and Managing Director, Registered Office: Plot No.5A-5B, Nelson Mandela Road, Vasant Kunj, New Delhi – 110 070.

9. Oil and Natural Gas Corporation Limited, Cauvery Basin, Rep. by its Basin Manager, Thalamuthu Natarajan Building, (CMDA Tower –I)

No.1, Gandhi Irwin Road, Egmore, Chennai – 600 008.

… Respondent(s)

O.A. No.66 of 2020 (SZ):

For Applicant(s): SuoMotu by Court.

For Respondent(s): Dr. D. Shanmuganathan for R1, R4, R5 & R7.

Mrs. M. Sumathi for R2.

Mrs. P. Jayalakshmi for R3. Mr. S. Sai Sathya Jith for R6.

M/s. Giridhar & Sai for R8 & R9.

O.A. No.193 of 2020 (SZ):

For Applicant(s): SuoMotu by Court.

For Respondent(s): Dr. D. Shanmuganathan for R1, R4, R5 & R7.

Mr. G.M. Syed Nurullah Sheriff for R2.

Mrs. P. Jayalakshmi for R3. Mr. S. Sai Sathya Jith for R6.

M/s. Giridhar & Sai for R8 & R9.

Judgment Reserved on: 03rd December, 2021.

Judgment Pronounced on: 23rd December, 2021.

CORAM HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet – Yes/No Whether the Judgment is to be published in the All India NGT Reporter – Yes/No

J U D G M E N T

Delivered by Justice K. Ramakrishnan, Judicial Member.

1. The Original Application [O.A. No.66 of 2020 (SZ)] was registered Suo Motu by this Tribunal on the basis of the newspaper report dated 07.05.2020 in The Times of India, under the caption “Oil leak from ONGC pipe destroys cotton on 2 Acres at Thiruvarur

2. It was alleged in the newspaper report that oil leak from ONGC pipe line near Thiruvarur destroyed cotton crop in 2 Acres of land on Friday night. However, the authorities arrived at the site and arrested the leakage, preventing further loss to farmers. ONGC has been digging oil wells in various places in agriculture lands across delta districts, particularly in Thiruvarur to extract oil and natural gas. The oil is taken through a collection point at Vellakudi and then to the main plant located at Narimanan in Nagapattinam for refinement.

3. It was also mentioned in the newspaper report that the disputed pipeline was

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