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The Madurai bench of Madras High Court comprising Justice D Krishnakumar has ordered for the creation of an “environment fund” while disposing of a matter where the parties had arrived at a settlement. The amount collected by way of this fund through costs being imposed in various matters will be used for environmental development such as plantation, cleaning water bodies, developing trees, etc.
In the abovesaid matter, the parties to the dispute had arrived at an amicable settlement by the way of mediation and the respondents were willing to contribute towards some welfare activities or organizations as per the court orders. This willingness made Justice Krishnakumar ponder upon an individual’s right to clean environment and prior fundamental duty to protect the natural environment. In earlier cases, when parties were willing to contribute funds for any welfare measures, they were directed under various heads of different organizations. Thus, Justice Krishnakumar felt it appropriate to have an “Environment Fund” for the collecting such funds and using it for protection of the mother earth.
Subsequently, detailed guidelines for implementation of the same were passed to the Tamil Nadu State Legal Services Authority (TNSLSA), Chennai. The Member Secretary, TNSLSA was asked to open a separate account and deposit the amounts so received to be utilized for environmental purposes. These funds can either be used for plantation purposes or cleaning and maintenance of water bodies which are streams of life. The Taluk Legal Services Committees will be responsible for all groundwork and plan preparation specifying the costs required and undertaking all maintenance activities in coordination with PWD’s, NGO’s, etc. The amounts required for the work will be released by the Member Secretary, TNSLSA from the consolidated fund after reviewing the plans. The proposed plan also provides for remittance of funds received into the consolidated account if the plantations from the trees are marketed.
Following the court’s orders, the respondents collectively contributed Rs. 25,000 to the Taluk Legal Services Committee, Kangeyam, Tirupur district, to be deposited in the “Environmental Fund”.
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