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2022 Supreme(Online)(NGT) 1183

Item No.2:- Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI (Through Video Conference)

Original Application No. 133 of 2020 (SZ)

IN THE MATTER OF:

Tribunal on its own motion Suo Motu based on the News item in Dinamalar Newspaper, Chennai edition dt. 23.07.2020, “Panic due to Gas released out for 15 feet height from the pipeline of Natural Gas Company”

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

...Respondent(s)

For Applicant(s): Suo Motu 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.

Judgment Pronounced on: 05th 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.133/2020 (SZ) 05th August 2022. Mn.

Item No.2:- Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI (Through Video Conference)

Original Application No. 133 of 2020 (SZ)

IN THE MATTER OF:

Tribunal on its own motion Suo Motu based on the News item in Dinamalar Newspaper, Chennai edition dt. 23.07.2020, “Panic due to Gas released out for 15 feet height from the pipeline of Natural Gas Company”

With

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

2) Union of India Rep. by its Secretary, Ministry of Environment, Forests & 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 – 110 032.

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

5) The Principal Secretary to Govt. of Tamil Nadu Industries Department, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu – 600 009.

6) The Chairman Tamil Nadu Pollution Control Board, No.76, Anna Salai, Guindy, Chennai, Tamil Nadu – 600 032.

7) The District Collector Nagapattinam District, First Floor, Collectorate, Nagapattinam – 611 001.

8) GAIL (INDIA) Limited GAIL Corporate Office, Rep. by its Chairman and Managing Director, GAIL Bhawan, 16 Bhikaji Cama Place, R K Puram, New Delhi – 110 066.

9) GAIL (INDIA) Limited GAIL Chennai Zonal Office, Rep. by its Chief General Manager, 5th Floor, “Kuppu Arcade”

New No.4 (Old No.60), Venkatanarayana Road, T - Nagar, Chennai – 600 017.

...Respondent(s)

For Applicant(s): Suo Motu 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.

Judgment Reserved on: 18th July 2022.

Judgment Pronounced on: 05th August 2022.

CORAM HON’BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER 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.

J U D G M E N T

Delivered by Justice K. Ramakrishnan, Judicial Member

1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in Dinamalar Daily Chennai Edition dated 23.07.2020 under the caption “vupthA epWtd FohapypUeJ; 15 mb cauj;Jf;F thA ntspNawpajhy; gugug;G” (Panic due to Gas released out for 15 feet height from the pipeline of Natural Gas Company).

2. It was alleged in the newspaper report that the incident happened in Sembanarkoil area in Nagapattinam District. The 8th Respondent is having a unit in Memathur Village and they have laid the pipeline for the purpose of transport of gas for distribution for a distance of 29 Kms from Sirkazhi to Memathur. On 22.07.2020, an incident occurred, where there was some leak in the gas pipeline which created a large pressure and caused dust emission and gas leakage resulting in creating panic in the locality.

3. When the matter came up for admission on 31.07.2020, the learned counsel appearing for GAIL/Respondent Nos. 8 & 9 submitted that the unit has not started functioning so far. It is only in the pre-commission stage cleaning activities and during pre-commission cleaning activities, there was only dust and sound emerged at the terminal point and no gas or oil leak occurred in the area as alleged in the newspaper report. Mr. S.R. Rajagopal, Additional Advocate General along with Mr. Prabhu, Additional Government Pleader appearing for the State Departments submitted that there was a Committee formed under the leadership of the District

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