The Hindu 27.02.2013
Tribunal declines to vacate interim order on Periya Eri
The National Green Tribunal, Southern Bench, on Tuesday expressed its displeasure over non-implementation of its order restraining the Pallavaram municipality from dumping garbage into the Periya Eri (lake) and also declined to accede to the plea of commissioner to vacate its interim order and to permit the local body to use the site temporarily.
In September last, the Tribunal granted an interim injunction restraining the municipality from dumping garbage in the lake following an application from S.P. Surendranath Karthik, Madipakkam. In his application, Mr.Karthik had said the lake, one of the major water resources for the entire locality, was facing problems such as dumping of garbage.
Again on February 14, the petitioner’s counsel brought to the Tribunal’s notice that the municipality continued to dump garbage in spite of its order. Hence, the Tribunal had directed the Municipal Commissioner to appear before it and explain why the civic body continued the practice.
S. Ramamoorthy, the Commissioner, appeared in person on Tuesday before the Bench comprising its judicial member Justice M.Chockalingam and expert member R.Nagendran. The Commissioner also sought the Tribunal to vacate the ex parte interim injunction and to permit the municipality to use the land temporarily as no alternative land was available.
In his counter, the Commissioner said, “As there is no other land available in municipal limits, the said piece of land that lies outside the waterspread area of the lake has been in use for the past 40 years for dumping garbage. Till date, there has been no objection from any person living in the area around the said land.”
“There is no other available site for the disposal of garbage of 100 tonnes per day till the formation of a solid waste management project at Venkatamangalam other than the present site at Periya Eri. The garbage has to be cleared on daily basis, failing which the authority will be failing in its duty to public,” the Commissioner said.
Declining to vacate the interim order as sought by the Commissioner, the Tribunal said, “The explanation put forth by the Commissioner is thoroughly unsatisfactory. The interim injunction continues to be in force.”
Posting the matter to March 3, the Tribunal directed the petitioner’s counsel to file his response to the plea made by the Commissioner.
