Karuvelamaram case full bench full order THE HON’BLE CHIEF JUSTICE M.M. SUNDRESH,J., AND M. SUNDAR,J., (Order of the Court was made by The Hon’ble The Chief Justice) We have heard Mr.Vaiko, in person and Mr.T. Mohan, learned counsel for the petitioner in W.P.No.10614 of 2017 and have perused the Report dated 09.10.2017 submitted by the Experts Committee constituted under the orders of this Court. Sri.T. Mohan, learned counsel submits that there is an inconsistency in the Expert Committee’s report and for that, he invites the attention of this Court to page no.8 of the Report, where, there is a recital that one of the most observed negative impacts is its effect on ecology of water channels and water bodies. The dense growth of the species in these critical ecosystems has impeded the water flow and has reduced the water holding capacity in some cases. The siltation
W.P.Nos.10614/2017, W.P.(MD)Nos.16485/2015,
20767/2013 and Cont.Petn (MD)No.773/2017
and WP (MD) No.2847 of 2017
and W.P.No.3075 of 2017 and WMP (MD)No.8238 of 2017
and WMP No.11553/2017 and WP (MD) No.14699/2015
and Cont.Petn (MD)No.1340/2014 and WMP (MD)Nos.
2578/2017, 4378/2017 and WP (MD) No.4646/2017
and WMP (MD) Nos.5245 and 5456 of 2017
THE HON’BLE CHIEF JUSTICE
M.M. SUNDRESH,J.,
AND
M. SUNDAR,J.,
(Order of the Court was made by The Hon’ble The Chief Justice)
We have heard Mr.Vaiko, in person and Mr.T. Mohan, learned
counsel for the petitioner in W.P.No.10614 of 2017 and have perused
the Report dated 09.10.2017 submitted by the Experts Committee
constituted under the orders of this Court.
Sri.T. Mohan, learned counsel submits that there is an
inconsistency in the Expert Committee’s report and for that, he invites
the attention of this Court to page no.8 of the Report, where, there is a
recital that one of the most observed negative impacts is its effect on
ecology of water channels and water bodies. The dense growth of the
species in these critical ecosystems has impeded the water flow and
has reduced the water holding capacity in some cases. The siltation
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facilitated by the addition of leaf litter is another negative impact that
makes channels and water bodies shallow. He has then invited the
attention of this Court to page no.9 of the Report, where it is indicated
that ground water level does not get affected either in the
pre-monsoon or post-monsoon season. He has then pointed out
towards the conclusion drawn by the Committee to urge that such a
species should be retained in order to facilitate the existence of flora
and contradicts the earlier part of the Report and for that, he relies on
the objections that have been moved today through the memo, giving
details of the adverse effects of the species.
Sri Vaiko, the petitioner-in-person, has invited the attention of
this Court to the objections filed by him to the said Report, wile relying
on a typed set of papers, including certain reports both at the National
as well as International Level, to contest that existence of such a
species is dangerous and uncongenial for the flora and fauna and also
for human life, particularly in the Southern Districts of Tamil Nadu. He
has further contended that the Report submitted by the Committee on
09.20.2017 deserves to be further scrutinized by the inclusion of an
Expert from a reputed Organisation like the National Environmental
Engineering Research Institute, Nagpur. For this, he submits that such
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Institution has been consulted on various occasions and various cases
are being dealt with by the Judicial System and therefore, a Report
from the said Organisation would be more feasible to study the
impact of the species on the issues raised in the present litigation.
Having considered the submissions raised, since objections
have been filed and certain more materials are sought to be relied on,
we find it appropriate to refer this material to the Committee that had
been constituted under the orders of this Court for its perusal and
opinion.
We also request the said Committee as well as the State of
Tamil Nadu to forward the said report along with the Report dated
09.10.2017 to the National Environmental Engineering Research
Institute, Nagpur with a request to its Director to examine these
reports by a Committee of experts at his level that he may deem fit,
keeping in view the experts involved and render his opinion on such a
Report to be submitted by the Committee that may be placed before
this Court for further consideration.
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The State of Tamil Nadu, therefore shall undertake this
exercise and get the objections analysed by the Committee already
constituted by this Court and upon a Report being prepared thereafter,
the said Report as well as the earlier Report dated 09.10.2017 shall be
sent to National Environmental Engineering Research Institute, Nagpur
as indicated above for its analysis and opinion on the same. This entire
material may be collected and then placed before this Court, preferably
within a period of three months.
Let the matter come up after three months.
Learned counsel for the petitioner W.P.No.10614 of 2017 as
well the petitioner-in-person may supply a copy of the typed set of
papers and objections that are required to be gone into by the
Committee to the respondents at the earliest.
List the matter on 10.06.2020.
(A.P.S., CJ.) (M.M.S.J.,) (M.S.J.,)
17.02.2020
sr
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