National Green Tribunal
S Lathika vs The Chairman Tamil Nadu Pollution ... on 29 April, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.01: Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 209 of 2021 (SZ)
IN THE MATTER OF:
S. Lathika
W/o Vijilal
Kanyakumari District - 629 152.
...Applicant(s)
Versus
The Chairman
Tamil Nadu Pollution Control Board,
No. 76, Mount Road, Guindy,
Chennai - 600 032 and Ors.
....Respondent(s)
For Applicant(s): Mr. C.K. M. Appaji.
For Respondent(s): Mr. S. Sai Sathya Jith for R1 & R3.
Dr. D. Shanmuganathan for R2.
Mr. K. Mohanan Nair for R6.
Date of Judgment: 29th April 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
ORDER
Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment.
Pending interlocutory application, if any, shall stand disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM
O.A. No.209/2021 (SZ)
29th April, 2022. Sr.
Page 1 of 19
Item No.01: Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 209 of 2021 (SZ)
IN THE MATTER OF:
S. Lathika
W/o Vijilal, Arsha Bhavan,
Thazhmana Vilagam,
Devicode, Kuracode, Vilavancode Taluk,
Cheruvallur Post, Kanyakumari District - 629 152.
...Applicant(s) Versus
1. The Chairman Tamil Nadu Pollution Control Board, No. 76, Mount Road, Guindy, Chennai - 600 032.
2. The District Collector Kanyakumari District, Nagercoli - 629 001.
3. The District Environment Engineer No. 318/46 A, Water Tank Road, Nagercoil - 629 001, Kanyakumari District.
4. The Secretary Devicode Village Panchayat, Mepalai Post, Mlpuram Taluk, Kanyakumari District - 629 152.
5. The Village Administrative Officer Devicode Village, Cheruvallur Post, Kanyakumari District - 629 152.
(R4 & R5 were deleted as per order of the Hon'ble Tribunal dated 28.09.2021) Page 2 of 19
6. M/s. S.S. Cashew nut Factory Rep. by its Proprietor N. Siddique, Thazhmana Vilagam, Devicode Village, Karacode, Cheruvallur Post, Vilavancodu Taluk, Kanyakumari District - 629 152.
....Respondent(s)
For Applicant(s): Mr. C.K. M. Appaji.
For Respondent(s): Mr. S. Sai Sathya Jith for R1 & R3.
Dr. D. Shanmuganathan for R2.
Mr. K. Mohanan Nair for R6.
Judgment Reserved on: 05th April 2022.
Judgment Pronounced on: 29th April 2022.
CORAM:
HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgement is allowed to be published on the Internet - Yes/No Whether the Judgement is to be published in the All India NGT Reporter - Yes/No JUDGMENT Delivered by Justice K. Ramakrishnan, Judicial Member.
1. The grievance in this application is regarding pollution caused by the Cashew nut factory owned and run by the 6th respondent in a residential area in Devicode Villge, Thazhmana Vilagam, Karacode, Cheruvallur Post, Vilavancodu Taluk of Kanyakumari District. Page 3 of 19
2. According to the applicant, the 6th respondent had not obtained any permission/clearance required under the environmental laws. They have not provided any pollution control mechanism to treat the effluent generated while processing the raw Cashew nut in the factory and also no mechanism provided to control the air pollution that is likely to be caused due to emission of the smoke which results in air pollution in that area. They have also not provided any mechanism to control the noise pollution that is likely to be generated on account of the operation of the machineries used in the premises. They were also running the unit throughout the day and night causing untold hardships and health hazards to the people in that locality. Though complaints were made to the authorities, no action has been taken in this regard.
3. So, the applicant had approached this Tribunal by filing this application seeking following reliefs:-
i) Grant permanent injunction restraining the 6th respondent from running an illegal unauthorised highly polluting cashew nut factory in the name and style of M/s. S.S. Cashew nut factory at Old Survey No. 4126 in RS No. 26/6, Devicode Village, Thazhmana Vilagam, Karacodu, Cheruvallur Taluk, Kanyakumari District.
ii) Direct the respondents 1 to 5 to initiate appropriate action against the 6th Respondent for violating the provisions of the Environmental (Protection) Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.
4. When the matter was taken up on 28.09.2021 for admission, this Tribunal deleted Respondents No. 4 and 5 viz., Secretary, Devicode Village Panchayat and Village Administrative Officer, Devicode Village respectively, as they have nothing to do with the control of pollution that is Page 4 of 19 alleged to be caused on account of the operation of the 6th respondent unit viz., M/s. S.S. Cashew nut Factory.
5. Since this Tribunal was satisfied that there arose a substantial question of environment, admitted the matter and also issued notice to Respondents No. 1 to 3 and 6. Further, this Tribunal had directed the District Collector, Kanyakumari District or his nominee not below the rank of Assistant Collector and also the District Environment Engineer (DEE), Tamil Nadu Pollution Control Board, Kanyakumari District to inspect the unit in question and to file their independent factual as well as action taken report, if there is any violation found.
6. The above officials were also directed to ascertain as to:
i) Whether such type of factories were permissible in a residential area,
ii) Whether the 6th respondent had obtained necessary clearance/permission, if any, required under the environmental laws,
iii) If they had obtained necessary permission/clearance, whether they have committed any violations of the conditions imposed and if so, the nature of violations and the remedial measures to be taken for rectifying the same,
iv) Whether the pollution control mechanism provided by the 6th respondent are sufficient to avoid pollution being caused and if not, what are the further up-gradations that will have to be provided by them to make this an environment friendly unit to avoid compliant of pollution being caused, Page 5 of 19
v) Whether the 6th respondent was operating their unit day and night causing hardships to the people in that locality.
vi) The State Pollution Control Board was directed to ascertain the sound pollution that was said to have been caused, on account of the operation of the 6th respondent unit and if it exceeds the limit provided, then what was the remedial measures to be taken by the 6th respondent to abate the sound pollution that is likely to be caused on account of their operation.
vii) If there was any violation committed, the Tamil Nadu Pollution Control Board (TNPCB) was directed to ascertain the damage caused to the environment and assess the environment compensation, on the basis of the guidelines given by the Central Pollution Control Board (CPCB) in this regard and as directed by the Principal Bench of National Green Tribunal, New Delhi as well this Tribunal in several matters of this nature.
7. The case was posted to 29.10.2021 for appearance of parties, filing their independent response and also for consideration of reports.
8. On 29.10.2021, the matter was adjourned to 29.11.2021, at the request of the officials seeking time to file reports and for return of notice, completion of pleadings and also for filing report. On 29.11.2021, this Tribunal had considered the report submitted by the Tamil Nadu Pollution Control Board (TNPCB) signed by the officer on 27.11.2021, e-filed on the same day and extracted in Para (3) of the order which reads as follows:- Page 6 of 19
"REPORT FILED ON BEHALF OF THE 1ST & 3RD RESPONDENTS TAMIL NADU POLLUTION CONTROL BOARD I, R. Rajamanickam , S/o. P.M. Ramasamy, Hindu, aged about 57 years, having my office at No. 76, Mount Salai, Guindy, Chennai - 600032, do hereby solemnly affirm and sincerely state as follows:
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai and I am filing this Report on behalf of the 1st & 3rd Respondents Tamil Nadu Pollution Control Board and as such I am well acquainted with the facts of the case as per records.
2. It is respectfully submitted that the applicant Tmt. S. Lathika, had filed this application before the Hon'ble NGT (SZ), Chennai with a prayer to grant permanent injunction restraining the respondent from running an illegal unauthorized highly polluting cashew nut factory in the name and style of M/s. S.S. Cashew nut factory at Old Survey No. 4126 in R.S. No. 26/6, Devicode Village, Thazhmana Vilagam, Karacode, Cheruvalloor Post, Vilavancode Taluk, Kanyakumari District and to direct the respondents to initiate appropriate action against the unit for violating the provisions of the Environmental Protection Act, the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.
3. It is respectfully submitted that Consent to Operate was issued to the unit of M/s. S.S. Cashews, S.F. NO. 26/6 (P), Devicode Village, Vilavancode Taluk, Kanyakumari district vide Proc. No. F.0794NGLI/OS/ DEE/ TNPCB / NGL / W/2017 Dated 13/12/2017 under the Water (Prevention and Control of Pollution) Act, 1974 and vide Proc. No. F.0794NGL/OS/ DEE/ TNPCB /NGL/A/2017 Dated 13/12/2017 under Air (Prevention and Control of Pollution) Act, 1981 valid upto 31.03.2022 subject to the conditions as stated therein for the following:
Product: Cashew Kernals - 4 T/M Effluent Discharge: Sewage - 1.0 KLD (On industry's own land) Trade Effluent - 0.02 (Solar Evaporation Pan) Emission: 1.) Boiler - Stack with height of 18 m from ground level, 2.) Borma - Stack with height of 18 m from ground level
4. It is respectfully submitted that earlier a complaint petition dated 30.09.2019 was received from the applicant Tmt.
Lathika.S, Kanyakumari District stating that the smoke emanating from the unit causes health issues to them. In this regard, the complainant was addressed vide DEE, TNPCB, Nagercoil Letter No. F.NGL - 06 (239) / 2019 dated 10.02.2020 stating that the unit was inspected on 06.02.2020 and it was noticed that the boiled cashews were brought from Kerala and the cashew nut shells were cut and then heated Page 7 of 19 using electrical bormah to remove the testa. Finally, the cashew kernals were sent back to Kerala. Also the unit was instructed not to utilize cashew nut shell as fuel and to comply with the conditions imposed in the CTO order dated 13.12.2017.
Also, a complaint petition dated 04.11.2020 was received from Tmt. Lathika. S, Kanyakumari District stating that the smoke emanating from the unit causes health issues to them and the complainant was addressed vide DEE, TNPCB, Nagercoil Letter No. F.NGL - 06 (239) / 2019 dated 26.03.2021.
5. It is respectfully submitted that the Hon'ble NGT (SZ), Chennai vide its order dated 28.09.2021 had directed as follows:
"Para 8:We had direct the District Collector, Kanyakumari District or his nominee not below the rank of Assistant Collector and also the District Environmental Engineer (DEE), Tamilnadu Pollution Control Board, Kanyakumari District to inspect the unit in question and to file their independent factual as well as action taken report if there is any violation found.
Para 9: They are directed to ascertain as to:
i) Whether such type of factories are permissible in a residential area,
ii) Whether the 6th respondent had obtained necessary clearance / permission, if any, required under the environmental laws,
iii) If they had obtained necessary permission / clearance, then, whether they have committed any violations of the conditions imposed and if so, the nature of violations and the remedial measures to be taken for rectifying the same,
iv) Whether the pollution control mechanism provided by the 6th respondent are sufficient to avoid pollution being caused, and if not, what are the further up-gradations will have to be provided by them to make this an environment compliant unit to avoid compliant of pollution being caused,
v) Whether the 6th respondent is operating their unit day and night causing hardships to the people in that locality.
vi) The Pollution Control Board is directed to ascertain the sound pollution that is said to have been caused, on account of the operation of the 6th respondent unit and if it exceeds the limit provided, then, what is the remedial measures to be taken by the 6th respondent to abate the sound pollution that is likely to be caused on account of their operation.
vii) If there is any violation committed, the Pollution Control Board is directed to ascertain the damage caused to the environment and assess the environment compensation, on the basis of the guidelines given by the Central Pollution Control Board (CPCB) in this regard and as Page 8 of 19 directed by the Principal Bench of National Green Tribunal as well this Tribunal in matters of the similar nature."
In view of the above, the DEE, TNPCB, Nagercoil vide letter dated 29.10.2021 has requested the Deputy Chief Scientific Officer, Advanced Environmental Laboratory, Tirunelveli to carry out an Ambient Air Quality and Ambient Noise Level Survey at M/s S&S Cashews, S.F. No. 26/6 (P), Devicode Village, Vilavancode Taluk, Kanniyakumari District and furnish the Report of Analysis at the earliest so as assess the dust pollution due to operation of the unit. The survey will be carried out soon.
6. It is further submitted that the respondent unit was inspected by the Assistant Environmental Engineer, TNPCB, Nagercoil on 26.10.2021. During inspection he following were observed:
i. The unit was in operation.
ii. The unit is engaged in the manufacture of Cashew Kernals by boiling of raw cashew nuts. The manufacturing process involves boiling, cutting, bormah, peeling, grading and packing of cashew nuts.
iii. The unit has installed 1 No. of boiler with 2 cookers and has provided stack to the boiler.
iv. The unit has provided the compound wall on all its sides. Also, the unit has provided tin sheet of height 10 ft above the compound wall along the petitioner's residence.
v. The unit has provided 12 nos. of cutting machines which are operated manually, 1 no. of peeling machine and 1 no. of fully electrical bormah.
vi. The petitioner's residence is located adjacent to the unit. vii. The unit was utilising firewood as fuel in the boiler. viii. The unit informed that the cashew nut shell is sent to M/s Annai Traders, Unnamalaikadai, Eraviputhoorkadai, Kanniyakumari District for further beneficial use such as for extraction of cashew nut shell oil. The unit has maintained necessary records for the same.
ix. The unit also informed that boiling activity is being carried out for 2 hours in the early morning from 4 am to 6 am and the other activities such as cutting, bormah, peeling etc. were being carried out manually from 6.30 am to 6.30 pm. Based on the observations, the following are concluded:
No citing criteria exists in respect of establishment of cashew nut industries. Further, the unit's S.F.No.26/6 is under non-planned area as per DTCP letter dated 26.08.2013 However, cashew nut industries engaged in processing of raw cashew nut by roasting method only emanates dense smoke around for which wet scrubber system is being adopted as pollution control mechanism to avoid air pollution and to mitigate public complaint. Moreover, all roasting process cashew nut Page 9 of 19 units in Kanyakumari District are being insisted either to provide wet scrubber or to switch over to Boiling (Cooking) process to curtail smoky emission. Whereas, this unit involves only cooking process. So dust emission from the unit is not significant ii. The unit has obtained consent to Operate was issued to the unit of M/s. S & S Cashews, S.F. NO. 26/6 (P), Devicode Village, Vilavancode Taluk, Kanyakumari District vide Proc.dated 13/12/2017 under Water (Prevention and Control of Pollution) Act, 1974 and under Air (Prevention and Control of Pollution) Act, 1981 valid upto 31.03.2022 subject to the conditions as stated therein.
iii. The unit is in operation with valid consent of the board iv. No violation is noticed on the compliance of consent of Board issued to the unit.
v. The unit has provided stack of adequate height to vent out emission from boiler & heating (Bormah) process. Also, the unit has used only firewood as fuel.
vi. The unit is being run from 06.30 AM to 06.30 PM. vii. No violation with respect to the compliance of consent condition is committed by the unit.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal may be pleased to pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice."
9. On that day, after considering the oral submission made by the learned counsel appearing for the Tamil Nadu Pollution Control Board (TNPCB) that in the report, the District Environmental Engineer, Tamil Nadu Pollution Control Board, Nagercoil vide letter dated 29.10.2021 has requested to depute the Deputy Chief Scientific Officer, Advanced Environmental Laboratory, Tirunelveli to carry out the Ambient Air Quality and Ambient Noise Level Survey near the area and furnish the analysis report, so as to assess the dust as well as noise pollution caused due to the operation of the unit and if the same was conducted, they would be able to file the report, this Tribunal had directed the Tamil Nadu Pollution Control Board (TNPCB) to file a further report and posted the Page 10 of 19 case to 13.12.2021 for return of notice on 6th respondent, completion of pleadings and for filing objections (if any) to the report submitted by the Tamil Nadu Pollution Control Board (TNPCB).
10. On 13.12.2021, the 6th respondent had entered appearance through their counsel and the case was adjourned to 20.01.2022 for completion of pleadings, filing objections (if any) to the report already filed. Thereafter, the matter has been adjourned from time to time either by notification or at the request of the parties.
11. The 6th respondent filed counter affidavit contending that the application is not maintainable and lacks bonafide. The applicant had suppressed the material facts and approached this Tribunal with unclean hands. The 6th respondent was conducting the Cashew nut Factory in the name and style of "M/s. S.S. Cashews". He had started the factory after getting requisite licences from the concerned authorities and running the factory after adhering to the norms prescribed by the Tamil Nadu Pollution Control Board (TNPCB) and the local authorities. The 6th respondent had obtained 'Consent to Operate' under Air (Prevention and Control of Pollution) Act, 1981 and under Water (Prevention and Control of Pollution), Act, 1974 from the first respondent vide proceedings dated 13.12.2017 and the consent was valid till 31.03.2022. The first respondent was also conducting periodical inspection of their premises. The 6th respondent had obtained necessary licence under the Factories Act with Registration No. KKR01169 and the said licence were valid till 31.12.2022. Page 11 of 19
12. They further contended that the process was being undertaken in their factory involved boiling of raw cashews using steam from a cooker. They used firewood for boiling. Thereafter, they had removed testa using electric Borma. The entire process of cooking of cashew was done only for 2 to 2 ½ hours daily. The process involved in the unit was restricted to boiling, cutting, peeling, grading and packing of cashew nuts and therefore, the allegation that huge smoke was emitting from the factory polluting the area is without any basis. They have installed one boiler and 2 cookers and the stack is also provided to the boiler. They have provided thin sheet measuring a height of 10 feet above the compound wall around the factory and further, being a boiling process, there is no possibility of emission of smoke in and around the unit. They were doing the business after complying with all the permissions etc., As directed by this Tribunal, the Deputy Chief Scientific Officer, Advanced Environmental Laboratory had conducted a detailed inspection on 26.10.2021 and the report dated 27.11.2021 was filed before this Tribunal. A perusal of the report would indicate the fact that the 6th respondent unit was involved in the manufacture of Cashew Kernels by boiling the raw cashew nuts and therefore, dust emission from the unit is not significant and they have obtained necessary 'Consent to Operate' from the Tamil Nadu Pollution Control Board (TNPCB) and there was no violation noticed in the compliance of the conditions. They have also provided adequate stack to vent out emission from the boiler and heating process. The first respondent also conducted the Ambient Air Quality survey and Ambient Noise level survey to assess the dust pollution on 29.12.2021 and a report dated 04.01.2022 was filed by the Deputy Chief Scientific Officer, Tirunelveli. That report also will go to show that there was no violation committed and Page 12 of 19 all criteria were within the limits and there was no pollution caused on account of their unit. They denied the allegation that air and noise pollution are being caused on account of the operation of the 6th respondent unit. So, they prayed for dismissal of the application.
13. Since the Tamil Nadu Pollution Control Board could not file the report due to some technical difficulties, at the request of the learned counsel, the case was adjourned to 24.03.2022 for filing the report by order dated 02.03.2022. Again, the matter was taken up on 05.04.2022, and on that day, this Tribunal had considered the report submitted by the Tamil Nadu Pollution Control Board (TNPCB) signed by the officer on 01.03.2022, e-filed on 02.03.2022 and extracted in Para (3) of the order which reads as follows:-
"REPORT FILED ON BEHALF OF THE 1ST & 3RD RESPONDENTS TAMIL NADU POLLUTION CONTROL BOARD I, R. Rajamanickam, Slo. P.M. Ramasamy, Hindu, aged about 57 years, having my office at No. 76, Mount Salai, Guindy, Chennai - 600032, do hereby solemnly affirm and sincerely state as follows:
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai and I am filing this Report on behalf of the 1st & 3rd Respondents Tamil Nadu Pollution Control Board and as such I am well acquainted with the facts of the case as per records.
2. It is respectfully submitted that the Hon'ble NGT (SZ), Chennai vide its order dated 09.02.2022 had directed as follows: "Para 6: The Pollution Control Board is also directed to file the report as directed by the Tribunal".
3. It is respectfully submitted that Ambient Air Quality Ambient Noise Level Survey was conducted on 29.12.2021 in and around the vicinity of the respondent unit of M/s. S.S. Cashews. The copy of Report of Analysis is submitted herewith as Annexure.
4. It is respectfully submitted that the report of analysis of the Ambient Air Quality Survey reveals that out of 5 locations, PM10 is exceeded in one station (124 µg/m3 as against the standard 100 µg/m3). SO2 and NO2 are within the standards in all five stations. The report of analysis of the Ambient Noise Level Survey reveals that out of Page 13 of 19 four locations, noise level exceeded the standards prescribed for Residential area at one location. (58.3dB(A) as against 55dB(A))
5. It is further submitted that as per MoEF Notification dated 01.01.2010, the emission standards for particulate matter emitted during cooking process (roasted shell/deoiled cake as fuel) is 150 mg/Nm3 The unit has provided stack of adequate heights 18m (from ground level) to the boiler provided in the boiling section as against standard height of 15 m.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal may be pleased to pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of this case and thus render justice."
14. Though this Tribunal had directed the District Collector, Kanyakumari District to file a report, no independent report was filed by the District Collector, Kanyakumari District.
15. Since the applicant was not appearing on the last two occasions, this Tribunal heard the counsel appearing for the 6th respondent, the Tamil Nadu Pollution Control Board (TNPCB) and the State Department and the matter was taken up for Judgment on that day by giving an opportunity to the applicant to file their objections (if any) to the report and also written submissions within a week. But no such written submission was filed by the applicant.
16. The counsel appearing for the Tamil Nadu Pollution Control Board submitted that the 6th respondent is having all necessary pollution control mechanism and they had obtained necessary consent and licences and there was no sound, air or other pollution caused on account of operation of the 6th respondent unit as alleged by the applicant. Page 14 of 19
17. The grievance in this application was that the 6th respondent was running the Cashew nut factory in a residential area without obtaining necessary consent/permission from the authorities and without providing necessary pollution control mechanism, thereby causing air and sound pollution. There was also an allegation in the application that the 6th respondent was running the unit throughout the day and night, making the life of the people in that locality miserable.
18. In order to ascertain the same, this Tribunal had directed the Tamil Nadu Pollution Control Board (TNPCB) and the District Collector, Kanyakumari District to file an independent report with certain directions.
19. The report submitted by the Tamil Nadu Pollution Control Board (TNPCB) which was extracted above and also referred to in the order dated 29.11.2021 reveals that the 6th respondent unit was having all the necessary licence/consent including 'Consent to Operate' under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981.
20. It was also seen from the report that they were not operating the unit throughout the day and night as alleged. But they were operating their unit only from 06.30 a.m. to 06.30. p.m. They have provided necessary pollution control mechanism and there was no violations noted.
21. Since the Ambient Air Quality and Ambient Noise level survey were not conducted, on the basis of the directions issued by this Tribunal, the same was conducted and they had filed the report which is extracted in Para (3) of the order dated 05.04.2022 referred to above. Page 15 of 19
22. Further, it is seen from the report that as per the Ministry of Environment, Forests and Climate Change (MoEF&CC) Notification dated 01.01.2010, the emission standard for particulate matter during cooking process (roasted shell/de-oiled cake as fuel) is 150mg/Nm3. So according to the Tamil Nadu Pollution Control Board, it is within the limit, though it was found at one station that the PM10 level was exceeded viz., 124 µg/m3 as against the standard 100 µg/m3 and the noise level was also little exceeded at one location, viz., 58.3dB (A) as against 55dB (A). Except that there was no variation found. It is also seen from the report that they have provided necessary stack height to control emission.
23. Since the 6th respondent unit (M/s S.S. Cashew Nut Factory) is located in the residential area, the Ambient Air Quality (AAQ) and sound level must be in tune with the standard provided for the residential area and the 6 th respondent is directed to maintain the Ambient Air Quality (AAQ) and sound level accordingly. If any further extra steps will be taken to control this noise pollution as well as air pollution level, then the Tamil Nadu Pollution Board is directed to give necessary direction to the 6 th respondent to carry out the additional mechanism that will have to be provided to control air and the noise level in tune with the standard for residential area by the 6th Respondent in their unit.
24. So under such circumstances, we feel that there is no necessity to retain the matter and the same can be disposed of by giving the following directions:-
a) The reports of the Tamil Nadu Pollution Control Board (TNPCB) are received, recorded and accepted.
Page 16 of 19
b) The 6th respondent (M/s. S.S. Cashewnut Factory) is directed to operate the unit strictly adhering to the emission standard provided for both air pollution and sound pollution relating to residential area, since it is a residential area to avoid complaints from the neighbours.
c) Since the 6th respondent unit (M/s S.S. Cashew Nut Factory) is located in the residential area, the Ambient Air Quality (AAQ) and sound level must be in tune with the standard provided for the residential area and the 6th respondent is directed to maintain the Ambient Air Quality (AAQ) and sound level accordingly. If any further extra steps will be taken to control this noise pollution as well as air pollution level, then the Tamil Nadu Pollution Board is directed to give necessary direction to the 6th respondent to carry out the additional mechanism that will have to be provided to control air and the noise level in tune with the standard for residential area by the 6th Respondent in their unit.
d) The Tamil Nadu Pollution Control Board (TNPCB) is directed to inspect the unit of the 6th respondent periodically to ascertain as to whether they are complying with the norms and if there is any violation found, then they are directed to take appropriate action against the 6th respondent in accordance with law.
e) The right of the applicant to approach this Tribunal in future, if there is any pollution caused on account of the activity of the 6th respondent and if he had committed any violation of environmental laws is left open.
Page 17 of 19
25. So, the Original Application is disposed of with the following directions:-
(i) The reports of the Tamil Nadu Pollution Control Board (TNPCB) are received, recorded and accepted.
(ii) The 6th respondent (M/s. S.S. Cashewnut Factory) is directed to operate the unit strictly adhering to the emission standard provided for both air pollution and sound pollution relating to residential area, since it is a residential area to avoid complaints from the neighbours.
(iii) Since the 6th respondent unit (M/s S.S. Cashew Nut Factory) is located in the residential area, the Ambient Air Quality (AAQ) and sound level must be in tune with the standard provided for the residential area and the 6th respondent is directed to maintain the Ambient Air Quality (AAQ) and sound level accordingly. If any further extra steps will be taken to control this noise pollution as well as air pollution level, then the Tamil Nadu Pollution Board is directed to give necessary direction to the 6th respondent to carry out the additional mechanism that will have to be provided to control air and the noise level in tune with the standard for residential area by the 6th Respondent in their unit.
(iv) The Tamil Nadu Pollution Control Board (TNPCB) is directed to inspect the unit of the 6th respondent periodically to ascertain as to whether they are complying with the norms and if there is any violation Page 18 of 19 found, then they are directed to take appropriate action against the 6th respondent in accordance with law.
(v) The right of the applicant to approach this Tribunal in future, if there is any pollution caused on account of the activity of the 6th respondent and if he had committed any violation of environmental laws is left open.
(vi) Considering the circumstances, the parties are directed to bear their respective cost in this application.
(vii) The Registry is directed to communicate this order to the District Collector - Kanyakumari District, the District Environmental Engineer - Tamil Nadu Pollution Control Board, Kanyakumari District and the Chairman - Tamil Nadu Pollution Control Board for information and compliance of directions.
26. With the above observations and directions, this Original Application is disposed of.
Sd/-
Justice K. Ramakrishnan, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.209/2021 (SZ) 29th April, 2022. Sr. Page 19 of 19