The National Green Tribunal (NGT) took suo motu cognisance of taking over of a stretch of river Cooum in Chennai, Tamil Nadu by the landgrabbers.
The Petition is registered suo-moto on the basis of the news item appearing in the daily newspaper dated 11.01.2024.
The news item discloses that the landgrabbers have been dumping loads of sand and debris and leveling a vast area, entering more than 10 feet into the river bed near Koyambedu. It alleges that though this is happening in public view but no official has visited the spot or taken any preventive action.
It alleged that the landgrabbers have even dumped sand inside the river bed itself and brought in earthmovers to level the ground.
It disclosed that the Tamil Nadu District Municipalities Building Rules, 1972, mandate buffer zones of 15 metres from the margin of the waterways but the landgrabbers are violating it. As per the news item Chennai Rivers Restoration Trust claims to have spent Rs. 500 crore to restore the Cooum, but the river boundaries have not been demarcated on 45% of its course.
The news item raises substantial issue relating to compliance of environmental norms.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, the Principal Bench of Justice Prakash Shrivastava and Dr. A Senthil Vel impleaded the following as respondents in the matter:
(i) Tamil Nadu Coastal Zone Management/Regulation Authority, through its Member Secretary
(ii) Collector/District Magistrate, Chennai
(iii) Tamil Nadu Pollution Control Board, through its Member Secretary
(iv) Chennai Rivers Restoration Trust, through Chief Secretary, Government of Tamil Nadu
(v) Water Resources Department, through Secretary, Government of Tamil Nadu
Since the matter relates to the Southern Zone Bench, Chennai, therefore , the Bench transferred the matter to the Southern Zone Bench for appropriate further action. Office is directed by the NGT to transfer the original record to the Southern Zone Bench and the matter is listed on 16.04.2024.