J U D G E M E N T

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member.

1. The above application was Suo Motu registered originally by the Principal Bench of the National Green Tribunal, New Delhi as O.A. No.205 of 2023 (PB) in the light of the newspaper report published in ‘The Times of India’ dated 07.03.2023 titled “Oil leaked in Tamil Nadu‟s Nagai spreading along coast, say Experts”

2. It was reported that the oil spill could spread for 2 Km seen along Nagapattinam Beach and Keechankuppam and further south. The leak was from 9 Km long 20 inches diameter pipeline from the Chennai Petroleum Corporation Limited (hereinafter referred to as „CPCL‟) Cauvery Basin Refinery (CBR Crude storage tanks at Nagapattinam to Karaikal Port.

3. The Principal Bench had sought a response from the Tamil Nadu Pollution Control Board (TNPCB), Tamil Nadu Coastal Zone Management Authority (TNCZMA), CPCL and also the National Centre for Sustainable Coastal Management (NCSCM and Indian Coast Guard (ICG).

4. The site investigation report was also filed by the CPCL dated 25.03.2023. As per the report, The Energy and Resources Institute (TERI) carried out a detailed mapping of environmental impact, including impact on vegetation, water and other coastal environment. The type of samples included seawater, sediment and fish. The sampling process was carried out as per the standard sampling guidelines and will be analyzed as per the Indian Standard methods. The collective samples have been preserved and transported to the NABL-accredited laboratory for analysis.

5. The report further stated that the sampling and site investigation findings would show that there is no visible contamination in and around the sampling site observed. The leakage had occurred due to the crack in the pipeline from the CPCL. The CPCL undertook cold repair of the crack with the help of the steel clamp and rubber. The majority of the spilt oil remained in the intertidal area. The ICG deployed ships and aircraft and did the continuous monitoring and assessment of the situation. It was observed that there was a „NIL‟ oil spill beyond the area of baseline of Nagur due to the timely intervention and monitoring, the leakage was contained without causing any damage to the flora and fauna.

6. The Principal Bench of this Tribunal, though noted the stand of the ICG and the CPCL that not much damage to the seawater due to the oil spillage, felt it appropriate to direct the investigation to ascertain whether any remedial measures are required. Therefore, constituted a Joint Committee comprising of the Central Pollution Control Board (CPCB), TNPCB, District Magistrate – Nagapattinam, Indian National Center for Ocean Information Services (INCOIS) and NCSCM. The NCSCM was appointed as a nodal agency. The Joint Committee was also directed to undertake the safety audit and examine the pipeline in question to find out whether the crack was due to corrosion on account of non-maintenance.

7. Thereafter, the Original Application was transferred to this Bench vide Order dated 21.08.2023 and the same was renumbered as O.A. No.02 of 2024 (SZ)

8. The Joint Committee furnished its report dated

25.07.2023, wherein it is stated that

8.1 As per the mandate of the Joint Committee, there was a site visit, interaction with the stakeholders, to undertake a safety audit and examine the pipeline in question, assess the damage to the coastal and marine environment due to the impact, required remedial measures, recommendations of the remedial measures to be undertaken by the CPCL.

8.2 An interaction with the residents of the Pattinacherry Village reveals that the oil leak was noticed on 02.03.2023, a clamp was provided on 03.03.2023 and the leak was arrested on 04.03.2023, in the early morning. It was informed that the line was initially away from the coastal area and due to the sea advancement, the coastal water came to the pipeline and the line got exposed recently due to soil erosion. The fishermen went for fishi