National Green Tribunal
National Green Tribunal Southern Zone vs Union Of India Rep. By Its Secretary ... on 15 December, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.02:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 256 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU Based on
The News item in News Desk Magazine Dated
11.11.2020, Air Pollution and Industries, "These
Six Industries in North Chennai are polluting the air
For more than half the year, the North Chennai
Thermal Power Station alone Ennore Port."
...Applicant(s)
Versus
1) Union of India,
Ministry of Environment, Forest and Climate Change,
Rep, by its Secretary,
Indira Paryavaran Bhavan, Jorbagh Road,
New Delhi - 100 003.
2) The Chief Secretary to Govt. of Tamil Nadu
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600009
3) The Secretary to Govt. of Tamil Nadu,
Department of Environment,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600009
4) The principal Secretary to Govt. of Tamil Nadu
Industries Department,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600009
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5) Additional Chief Secretary to Govt. of Tamil Nadu,
Municipal Administration and Water Supply Department,
Govt. Secretariat, Fort St. George
Chennai, Tamil Nadu - 600009
6) Principal Secretary to Government
Health and Family Welfare Department,
Secretariat, Chennai 600 009.
7) The Chairman,
Central Pollution Control Board (CPCB),
Parivesh Bhawan, East Arjun Nagar,
Shahdara, Delhi 110 032.
8) The Chairman,
Tamil Nadu Pollution Control Board (TNPCB),
No.76, Anna Salai, Guindy,
Chennai, Tamil Nadu - 600032
9) The Greater Chennai Corporation,
Rep. by its Commissioner,
Ripon Building, Chennai - 600 003.
10) The District Collector,
Chennai District,
District Collectorate Office,
No. 62, Rajaji Salai, 4th Floor,
Chennai 600 001.
11) North Chennai Thermal Power Station
Rep by its Chairman cum Managing Director (TANGEDCO)
Attpattu Main Road,
Thiruvallur District, Athipattu,
Tamil Nadu 600 120.
12) NTPC Tamil Nadu Energy Company Limited (NTECL)
Rep, by its General manager (TS)
Vallur Thermal Power Project,
P.O: Vellivoyal Chavadi, Ponneri Taluk,
Thiruvallur District, Chennai 600 103.
13) Chennai Petroleum Corporation Limited (CPCL)
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Rep, by its Managing Director,
New No. 536, Anna Salai, Teynampet
Chennai 600018.
14) Tamil Nadu Petro products Limited (TPL)
Rep, by its Chairperson
Manali Express Highway,
Manali, Chennai 600 068, India
15) Manali Petrochemicals Limited (MPL)
Rep, by its Chairman,
SPIC House, VI Floor, No. 88 Mount Road,
Guindy, Chennai 600 032.
16) Madras Fertilizers Limited (MFL)
Rep by its Chairman & Managing Director,
SH 104, Harikrishna Puram,
Manali, Chennai,
Tamil Nadu 600 068.
...Respondent(s)
Date of hearing: 15.12.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): By Court
For Respondent(s): Sri. Dr. V.R. Thirunarayanan for R2 to R6 & R10
Smt. Jeyalakshmi through
Sri. D.S. Ekambaram for R7
Sri .C. Kasirajan through
M/s. Meena for R8
Smt. P.T. Ramadevi though
Sri. Raghul Adithya for R9
Sri. Abdul Saleem through
Sri. Saravanan for R11
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ORDER
1. The above case has been Suo Motu registered by this Tribunal on the basis of the news paper report published in News Desk Magazine dated, 11.11.2020 under the caption "These Six Industries in North Chennai are polluting the air for more than half the year"
2. It is alleged in the news paper report that air quality in Ennore - Manali region has been seriously affected on account of the emission made by some of the industries namely, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO's) North Chennai Thermal Power Station (NCTPS) Stage 1, NTECL Vallur Power Plant, Chennai Petroleum Corporation Limited (CPCL), Tamil Nadu Petro products Limited (TPL), Manali Petrochemicals Limited (MPL), and Madras Fertilizers Limited (MFL).
3. It is alleged in the report that these industries are constantly violating the conditions /consent/ permissions granted resulting in serious emission from the industries affecting the air quality in that area. The stock monitoring systems provided in these units are not proper and the pollution control mechanisms are also not properly maintained by these units. Though on several occasions notices were issued by the Tamil Nadu State Pollution 4 Control Board to rectify the deficiencies noted by them, none of these industries were taking interest in complying with the directions and according to the report the regulator namely, Tamil Nadu State Pollution Control Board is also not taking proper steps to check such illegal activities as well, though this was projected by the local people several times.
4. On going through the allegations in the paper report, we are satisfied that there arises a substantial question of environment which requires the interference of this Tribunal for resolving the same. There is a duty cast on the State Government, its Departments and its regulators to provide clean air which is part of right to life as enshrined under article 21 of the Constitution of India. The industries mentioned above are highly polluting industries and when such industries are allowed to function they are expected to take more effective pollution control mechanism to prevent pollution being caused in the area. The regulators are also expected to make regular motoring of the area so as to avoid such things recurring and protect the area from air pollution as it is seen from the research conducted by the authorities and the International Organisations dealing with this issue that more death are being caused on account of air pollution and it is a serious concern to be looked into by the authorities, in order to save the lives of the 5 people.
5. Further, these areas is declared as a critically polluted area by the Central Pollution Control Board (CPCB) as well and on the basis their assessment the Principal Bench has given direction to take appropriate steps to abate the nuisance and make these areas pollution free. In spite of all these measures taken by the Courts and Tribunal, effective steps are not being taken by the authorities to save the lives of the people which is being affected on account of the air pollution. So, the matter is admitted.
6. When the matter came up for hearing for admission today through Video Conference, Sri. Dr. V.R. Thirunarayanan represented respondents 2 to 6 & 10, Smt. Jeyalakshmi through D.S. Ekambaram represented 7th respondent, Sri. C. Kasirajan through M/s. Meena represented 8th respondent, Smt. P.T. Ramadevi through Raghul Adithya represented 9th respondent and Sri. Addul Saleem through Sri. Saravanan represented 11th respondent.
7. Registry is directed to issue notice to respondents R1, R12 to R16 by e-mail along with the copy of this order, news paper report and gist of the Suo Motu proceedings with full cause title immediately.
8. In order to ascertain the real state of affairs and also the genuineness of the allegations in the news paper report and also 6 to take the remedial measures if such things are happening, we feel it appropriate to appoint a joint committee comprising of 1) a Senior Officer from Ministry of Environment, Forests and Climate Change (MoEF & CC), Regional Office, Chennai, (2) a Senior Scientist from Central Pollution Control Board (CPCB), Regional Office, Chennai (3), a Senior Officer from the Tamil Nadu State Pollution Control Board as designated by its Chairman, (4) a Professor from Anna University of Environmental Engineering, Guindy, Chennai who is dealing with the Environmental related issues to inspect the area in question and submit a factual as well as action taken report, if there is any violation found.
9. The Ministry of Environment, Forests and Climate change, (MoEF &CC), Regional Office, Chennai will be the nodal agency for co-ordination and for providing all necessary logistics for this purpose.
10. The committee is directed to inspect the units in that area and ascertain as to whether the units are complying with the pollution norms and also complying with the conditions imposed while granting permission to establish such industries in that area by the Ministry of Environment, Forest and Climate Change (MoEF&CC), and State Environmental Impact Assessment Authority (SEIAA) as the case may be and the Tamil Nadu State 7 Pollution Control Board (TNPCB) and if there is any violation, what is the action taken by the regulators, so as to make the erring industries to comply with the norms.
11. They are also directed to assess the environmental compensation against the erring units as has been directed by the Principal Bench in several cases of this nature applying the guide line provided by the Central Pollution Control Board (CPCB).
12. They are also directed to conduct the Ambient Air Quality (AAQ) test, so as to ascertain the quality of air in that area and from the nature of pollutants available in the air trace out the sources of pollution and the persons responsible for the same and take appropriate legal action against those persons in accordance with law and submit a factual as well as action taken report.
13. The committee is also directed to ascertain as to whether the necessary pollution control mechanism are in operation efficiently in these existing units in that industrial area and if there is any improvement required, for the purpose of abating the air pollution that is likely to be caused on account of their activities, then suggest and recommend the nature of improvement to be done by each industry considering the 8 nature of pollutants being released by them in the air to avoid such things in future.
14. The committee is also directed to ascertain the environment carrying capacity of the area as to whether any more such industries can be accommodated in that area, considering the nature of pollution load created on account of existing units.
15. The committee is directed to submit the report to this Tribunal on or before 15.02.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
16. The Registry is directed to communicate this order to the members of the committee and also to the official respondents and the polluting industries who were made parties to the proceedings immediately by e-mail, along with the copy of the paper report and the gist of Suo - Motu proceedings with full cause title, so as to enable them to comply with the direction and also to file their independent responses regarding the allegation in the paper report before the next hearing date without delay.
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17. For appearance of parties and submitting their independent responses and also consideration of report, post on 15.02.2021.
....................................J.M. (Justice K. Ramakrishnan) .................................E.M. (Shri. Saibal Dasgupta) O.A. No.256/2020 15th December, 2020. Sr. 10