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NGT objects to prolonged delay of cases by govt departments

The southern bench of the National Green Tribunal, which has been conducting virtual hearings to dispose of the cases, has taken objection to various government departments repeatedly seeking adjournments, citing lockdown even for cases which were filed years ago.

NGT objects to prolonged delay of cases by govt departments
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Chennai

For instance, a case which was filed in 2016, seeking direction to stop depletion or overconsumption of underground water by the green tea leaf agents who are also illegally tapping groundwater in the Nilgris district came up for hearing on June 9 after several adjournments. But the committee, tasked to inspect the area, submitted that they couldn’t comply with the tribunal’s order due to lockdown and sought two more months to file a report.

Speaking to DT Next, advocates handling such cases accused the officials of being hand-in-glove with the violators. “Either the officials are lethargic in conducting the inspection or they are also the culprits. Since the tribunal doesn’t have a contempt power, they can’t pull up the officials for violating the order,” said a city-based senior advocate who has a bunch of cases pending before the tribunal.

Government departments, including Tamil Nadu Pollution Control Board and Commissionerate of Municipal Administration, are seeking adjournments in the name of the pandemic in various cases but the bench comprising Justice Ramakrishnan and expert member Saibal Dasgupta had it enough and questioned the officials in one case.

In the first week of June, Commissionerate of Municipal Administration (CMA), in its report to the tribunal, said, “Bio-mining in Gopichettipalayam Municipality dump yard in Erode was started on May 18 and 3,600 cubic meters of waste has been disposed of till now. Further work is in progress and would be completed by November 2020. The delay was due to lockdown in the State.”

Taking a dig at CMA’s submission, the tribunal said, “It appears that the time sought by the government departments for the completion of the work is too long since the case has been pending since 2017.”

“There may be allegation against officials regarding the inspection, but in times of crisis, all officials are deputed for COVID-19 duty. We can’t deny the fact they are busy and seeking adjournments citing the pandemic is justifiable,” said an advocate who appeared for the government before the tribunal.

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