Chennai: A dispute over the geographic legality of a car park should not be blown into an inter-State issue, observed the National Green Tribunal’s southern bench hearing arguments from Governments of Tamil Nadu and Kerala on the Periyar Tiger Reserve car park. The bench comprising Justice P. Jothimani and expert member R. Nagendra, posted the issue for a final hearing on March 17 when the advocate general of Tamil Nadu is expected to appear.
Presenting arguments for the Periyar Tiger Conservation Foundation, counsel M. Ajay, countered the tribunal’s order in September 2014, which asked to put on hold construction activity after the Tamil Nadu government had submitted that the location fell under water spread area of the Mullaiperiyar dam.
“The tribunal had granted relief to an impleaded party in the case. Relief was not even granted to the original petitioner. A co-respondent cannot be granted relief. It is unheard of in the Indian judicial system,” Ajay said. “A dispute between two states cannot be tried in a tribunal. So, the government of Tamil Nadu had filed an original suit in the Supreme Court of India. But the Supreme Court has not granted stay and so when the tribunal passes interim orders for a case that is before the apex court, it would amount to contempt,” he said.
The interim stay was granted by a bench comprising Justice M. Chockalingam in September 2014 after two petitions filed by M.S. Thankappan and Abraham Thomas. The Government of Tamil Nadu had sought to implead itself in Thankappan’s suit as a respondent.
The opposing counsel argued that the government of Tamil Nadu’s submission that the project did not come under Kumili town limits was not valid. As there was no senior counsel present from the Tamil Nadu government’s side, the matter was posted for March 17.
Speaking to DC, counsel Ajay said that the interim orders was affecting construction activity in the entire Tiger Reserve, which also included Sabarimala.
“The Tamil Nadu government’s claims the location, being a watershed area, is based on the instance if water level was raised to 155 feet in Mullaiperiyar reservoir. The levels, at present, cannot be raised beyond 142 feet,” he said.
