The Hindu 23.04.2010
Solid waste plant: panchayat, municipalities directed to environment authority
Special Correspondent
The Bench also indicated the importance of public hearing
CHENNAI: The Madras High Court on Thursday directed a panchayat and five municipalities to approach the Environmental Impact Assessment Authority (EIAA) with full particulars of the proposed common Solid Waste Management Plant (SWMP) in Kuthambakkam village of Tiruvallur district.
A Division Bench, comprising Justices Elipe Dharma Rao and K.K. Sasidharan, gave the direction in its common judgment on writ petitions and an appeal pertaining to the decision taken by the State government to allot 70 acres and the consequent entry permission given to Ambattur, Maduravoyal, Thiruverkadu, Valasaravakkam and Poonamallee municipalities and Porur Town Panchayat for establishing the SWMP.
In a petition, S. Nandakumar, president of Kuthambakkam panchayat, stated to be a model village and nominated for the UN Habitat Award, said the livelihood of the people of the village was agriculture.
Most of them solely relied on livestock. The cattle depended on common grazing lands where the government had decided to set up the SWMP.
Disposing of the appeal and writ petitions, the Bench said though it was of the view that no interference was called for in the order passed by the government as well as the order of the District Collector, it would make the legal position clear — before taking action under Section 134 (3) of the Tamil Nadu Panchayats Act (Village panchayat to regulate the use of certain porombokes in ryotwari tracts), the concerned panchayat should be consulted.
The Bench also indicated the importance of public hearing and the need to ascertain the views of the affected persons by authorities before giving environmental clearance.
The court directed the EIAA to give a copy of the application by the municipalities and the panchayat for granting environmental clearance for establishing the facility, to the Kuthambakkam panchayat so as to enable the petitioner to submit the views or objections in the matter.
The Kuthambakkam panchayat and the local affected persons should be given an opportunity to offer their comments during the public hearing.
The court said that in case the EIAA rejected the application for environmental clearance, liberty is given to the Kuthambakkam panchayat to approach the government for cancellation of allotment to the local bodies, in view of the statement made by the Advocate-General.
