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.
