The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the decision of Irumankulam residents to boycott the polls due to disruption of irrigation water by a stone quarry.
The Petition is registered suo-moto on the basis of the news item dated 19.04.2024.
As per the news item, huge flex banner kept near the 12-foot-wide road branching out from the Sankarankovil – Puliyangudi highway to the sleepy hamlet of Irumankulam, Tamil Nadu announces unequivocally the residents’ decision of boycotting the poll and the reason behind it.
The news item discloses that permission has been given for reopening a closed stone quarry and also for the operation of a blue metal crusher unit near the reopened quarry and in a land close to Paambukovil Santhai.
The article alleges that the quarrying is going on in 15 acres of land in between two hillocks near Irumankulam and it has effectively stopped the flow of rainwater into two tanks, Periyakulam and Thonukaalkulam, which nourish crop raised on over 1,000 acres of land including paddy (if water is abundantly available in the tanks), cotton, maize etc.
As per the news item, after permission was granted for quarrying, the flow of water to these two tanks almost stopped killing farming operations of Irumankulam.
The news item raises substantial issue relating to compliance of the environmental norms, especially the compliance of Water (Prevention and Control of Pollution) Act, 1974 and the Environment Protection Act, 1986.
“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 , Justice Arun Kumar Tyagi and Dr. A Senthil Vel impleaded the following as respondents in the matter:
(1). Tamil Nadu State Pollution Control Board, through its Member Secretary.
(2). Central Pollution Control Board, through its Member Secretary.
(3). District Magistrate, Tirunelveli .
The NGT issued notice to the respondents.
Since the matter relates to the Southern Zonal Bench, Chennai , therefore, the Bench transferred the matter to the Southern Zonal Bench, for appropriate further action. Office is directed by the NGT to transfer the original record to the Southern Zonal Bench and the matter is listed on 25.07.2024.