National Green Tribunal
K Gemini vs Union Of India Rep. By The Secretary To ... on 25 September, 2019
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No. 03
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 16/2019 (SZ)
K. Gemini Applicant(s)
Versus
Union of India & Ors Respondent(s)
Date of hearing: 25.09.2019
CORAM: HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
For Applicant(s) Mr. B. Lakshminarasimhan, Mr. T. Sai Krishnan
& D. Bharatha Chakravarthy, Advs.
For Respondent (s) Mr. T. Ranichandran, Mr. D. Sairam Kumar and Mr. K.
Deva Dakshan for R-4
Mr. Kamalesh Kannans, Adv for R-2
ORDER
1. The allegation in this application is that the Respondent no. 4- M/s. Chemplast Sanmar Limited has established three of its units within the radius of 500 meters of River Cauvery and Mettur Dam. The lease was granted by Government of Tamil Nadu by G.O.Ms. No. 1950, revenue Department dated 25.07.1964 for establishing Polyvinyl Chloride Factory and they started the unit by name M/s Chemicals and Plastics India ltd. According to the applicant, the Respondent no. 4 had violated all the norms and conditions and causes the gravest damage to the environment by (a) drawing huge amount of water by maintaining false meter and calculations; (b) by discharging most poisonous effluents into the downstream river of Cauvery by pass using PVC pipes though it is stated to be a zero discharge industry and emitting poisonous gases and by-products in the air causing grave air pollution also.
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2. According to the applicant, the people in the locality namely Gonur and Veerakkalpudur villages are completely depending on river Cauvery for their drinking water and due to the pollution of the river serious skin diseases have been spread in that area, fishes are dying and incidents of cancer is high in that locality. It is further submitted by the applicant that the respondent no. 4 is in the process of constructing and establishing another monstrous unit, namely, Unit-IV without obtaining any prior environmental clearance and it is a new factory for producing another environmentally dangerous chemical - Hydrogen Peroxide.
3. According to the knowledge of the applicant, the respondent no. 2 and 3 have wrongly issued G.O.(3D). No. 50 dated 12.09.2017 permitting the new industry. The applicant filed an original application no. 12/2019 and later it was withdrawn with liberty to file fresh application and the application was dismissed with above liberty as per order dated 15.04.2019. The applicant has not produced the copy of the original application 12/2019 so as to ascertain as to whether the allegations and averments and the prayer are same or not.
4. However, considering the allegation in this application, we feel it is appropriate to get a Joint Committee Report, before proceeding in the matter, consisting of Senior Officer from the SEIAA; Tamil Nadu; Senior Scientist from the CPCB and Senior Scientist from the SPCB to go into the allegation contained in this application and submit a factual report and if there is any violation the action if any taken in this regard. They also mention in the report whether any environmental clearance is required for starting the Unit-IV of 2 the respondent no-4 project for manufacturing of Hydrogen Peroxide in that location.
5. Let the Joint Committee complete the exercise within a period of two months and submit a report to this Tribunal by E-mail.
6. The applicant is directed to submit a complete set of papers to the above authorities within two weeks.
7. Registry is directed to communicate the order to the above mentioned officials immediately by E-mail.
8. List the matter for consideration of report on 25th November, 2019.
K. Ramakrishnan, JM Dr. Satyawan Singh Garbyal, EM 25th September, 2019 Original Application No. 16/2019 (SZ) PU 3