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2022 Supreme(Online)(NGT) 1272
Item No.1:- Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI (Through Video Conference)
Original Application No. 172 of 2020 (SZ)
IN THE MATTER OF:
Association of Deep Sea Going Artisanal Fishermen Represented by its Vice President, Mr. Selvoriyan. A Shark Street, College Road, Thoothoor – 629 176. Kanyakumari District.
...Applicant(s)
With The Union of India Represented by its Secretary Ministry of Environment and Forest Department of Environment and Forest and Wildlife Paryavaran Bhavan Jor Bagh Road, New Delhi and Ors.
...Respondent(s)
For Applicant(s): Mr. Edwin Jerome.
For Respondent(s): Mr. G.M. Syed Nurullah Sheriff for R1.
Dr. D. Shanmuganathan for R2 to R5 & R7.
Mr. Harsharaj for R6.
M/s. V.L. Akshai Sajin Kumar, Adith Narayan, I. Saddam Hussain &
K. Ganesh Kumar for R8.
Judgment Pronounced on: 17th August 2022.
CORAM HON’BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment.
Pending interlocutory application, if any, shall stand disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.172/2020 (SZ)
17th August 2022. Mn.
Item No.1:- Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI (Through Video Conference)
Original Application No. 172 of 2020 (SZ)
IN THE MATTER OF:
Association of Deep Sea Going Artisanal Fishermen Represented by its Vice President, Mr. Selvoriyan. A Shark Street, College Road, Thoothoor – 629 176. Kanyakumari District.
...Applicant(s)
With
1) The Union of India Represented by its Secretary Ministry of Environment and Forest Department of Environment and Forest and Wildlife Paryavaran Bhavan Jor Bagh Road, New Delhi – 100 003.
2) The State of Tamil Nadu Rep. by its Principal Secretary, Public Works Department St. George Fort, Chennai – 600 009.
3) The State of Tamil Nadu Represented by its Principal Secretary Department of Environment & Forests St. George Fort, Chennai – 600 009.
4) Engineer in Chief (Water Resources Organization) and Chief Engineer (General)
Public Works Department Chepauk, Chennai – 600 005.
5) The District Collector Kanyakumari District Nagercoil – 629 001.
6) Member Secretary State Coastal Zone Management Authority (SCZMA)
No.1, Jeenis Road, Panagal Building, Ground Floor, Saidapet, Chennai – 600 015.
7) Executive Engineer Public Works Department (WRO)
Kodiyaru Irrigation System Nargercoil – 629 001.
8) B. Paulraj S/o. Baskaran No.6/179 A, Pulimaru Via Veedu, Vilvancode, Kaniampuram Post, Kanyakumari District.
(R8 Impleaded as per order in I.A. No.57/2022 dt.05.04.2022)
...Respondent(s)
For Applicant(s): Mr. Edwin Jerome.
For Respondent(s): Mr. G.M. Syed Nurullah Sheriff for R1.
Dr. D. Shanmuganathan for R2 to R5 & R7.
Mr. Harsharaj for R6.
M/s. V.L. Akshai Sajin Kumar, Adith Narayan, I. Saddam Hussain &
K. Ganesh Kumar for R8.
Judgment Reserved on: 15th July 2022.
Judgment Pronounced on: 17th August 2022.
CORAM HON’BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBE HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet – Yes.
Whether the Judgment is to be published in the All India NGT Reporter – Yes.
For the Petitioner: EDWIN JEROME
For the Respondent:
JUDGMENT
Delivered by Justice K. Ramakrishnan, Judicial Member
1. This is an application filed by the applicant, an association representing the deep sea going artisanal fishermen in that locality and they were working for the protection of the interest of the fishermen community and also agitating against the environmental issues affecting the coastal zone.
2. According to the applicant, the coastal eco-system of Kanyakumari District comprises in 68 Km in length and is studded with 44 coastal fishing villages. The coastal zone in that area is formed by three seas viz., Arabian Sea, Indian Ocean and Bay of Bengal. The main part of the coastal faces the Arabian Sea. There were lot of fishermen folk in these 44 villages who are solely depending their livelihood by doing traditional fishing activity. The stretch of the coast from Neerodi colony to Erayamunthurai is situated in the West coast of Tamil Nadu State. The width of the beach along this stretch of the coast is about 30 m and got washed away during the South West monsoon leading to the entering of seawater occasionally into dwelling units situated in that area. This stretch of the coast from Pozhiyoor to Neerodi in Kerala and Neerodi colony to Erayamunthurai is an island surrounded by Arabian Sea in South, AVM Canal in North, Poovar estuary in West and Thengapattanam estuary in East. Major part of the Kanyakumari District is drained by the principal rivers viz., Kodayar and Paralayar and their tributaries. Kodayar River originates from Agastiar Malai and flows in the southern direction for a length of 10 Km from its origin, leading natural drainage called Kodayar Lake which serves main source of irrigation system in that area. Further, it flows in a south west direction and south of Kuzhithurai and is called as Kuzhithuraiaru or Tamirabarani. The river flows through rugged terrain through a succession of falls and cascades. One such falls lies south of Tiruparappu, Chittar – I and Chittar – II are the major tributaries of Kodayar. There are other rivers also passing through this area and ultimately joins the western Tamirabarani at Thickurichy near Marthandam. Tamirabarani (Kuzhithuraiyaru or Kuzhithurai river) which is one of the important rivers of the district which is flowing in the central part of the district and drains in the Melpuram, Kuzhithurai, Munchirai and Killiyur blocks and ultimately, river joins into Indian Ocean after traversing Killiyur and Munchirai Blocks and joints the Arabian Sea near Thengapattanam which is at a distance of 56 Km West of Cape Commerin. Kodaiyar River Basin is in the threat of sea water intrusion and the rest of the area both the groundwater level and quality of the water is in permissible limit. They also explained the ecological sensitiveness of the area on the basis of the various reports submitted by various institutions.
3. It is further alleged in the application that Respondent Nos.2, 4 & 7 have started construction of check dam at Parakani having latitude at 80 15’10.6” N and longitude at 770 09’44.3” E which falls under CRZ – III (NDZ) of the Coastal Zone Management Plan, Map No.TN11 Sheet No.C43*3.SE and it falls under ‘No Development Zone’ and violating the CRZ Notification, they are proceeding with the construction. No construction shall be permitted within the ‘No Development Zone’ except for repairs of existing authorized structures not exceeding existing FSI, existing plinth area and existing density and for permissible activities under the notification, including facilities essential for the activities, construction and reconstruction of dwelling units of traditional coastal communities including fisher folk. The CRZ Notification was issued to regulate certain activities within the CRZ area and permissible/regulated activities can be carried out only after obtaining necessary clearance from the Coastal Zone Management Authority. They have not obtained any clearance from the Coastal Zone Management Authority and no study
