National Green Tribunal
M.Padmavathi vs The District Environmental Engineer on 20 July, 2022
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 37 of 2022 (SZ)
(Through Video Conference)
IN THE MATTER OF
1. M. Padmavathi,
W/o. S.E. Muthu,
No.14/37, Avadi Srinivasan Street,
Choolai, Chennai- 600112
2. U. Pichaiyya,
S/o. Late Ulaganathan,
No.14/37, Avadi Srinivasan Street,
Choolai, Chennai- 600112
...Applicant(s)
Versus
1. The Member's Secretary,
Tamil Nadu Pollution Control Board,
No.76, Anna Salai,
Guindy, Chennai- 600032.
2. The District Environmental Engineer,
Tamil Nadu Pollution Control Board,
950/1, 2nd Floor, Poonamalle High Road,
Arumbakkam,
Chennai- 600106.
3. M/s. Kumaran Metal Industries,
Rep., by its Proprietor,
N. Thangam,
No. 33, Avadi Srinivasan Street,
Choolai, Chennai- 600112
...Respondent(s)
For Applicant(s): Mr. W.M. Abdul Majeed
For Respondent(s): Mr. M.R. Gokul Krishnan for Ms. Shanmugavalli
Sekar for R1 and R2
Ms. Gayathri for Mr. Kamalesh Kannan for R3.
Judgment Reserved on: 12th July, 2022.
Judgment Pronounced on: 21st July, 2022.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
1
JUDGMENT
Delivered by Justice Smt. Pushpa Sathyanarayana, Judicial Member
1. The above Original Application is filed by the applicants, who are residents of Avadi Srinivasan Street, Choolai which is located in the residential locality. When it is a primarily residential area, the 3rd respondent is running an industrial unit engaged in the activity of melting and moulding aluminium scrap into aluminium bars and sheets.
2. The applicants further allege that the abovesaid industrial unit is a hazardous industrial unit engaged in hazardous activity as the process of melting and moulding involves utilization of annealing furnace in which the scrap would be fed and the metal would be melted to convert them into bars and sheets. There is emission of heavy smoke along with metal particles polluting the air which would be harmful for the respiratory system of humans. Despite, the request to the 3rd respondent to either mitigate the same or to shift his industry to an industrial zone, the same was not heeded to. Hence the above application is filed seeking a direction to the 2nd respondent, Pollution Control Board to take action against the 3rd respondent, who is polluting the air in the locality, causing health hazard and also directing them to pay the damages caused to the environment.
3. The 3rd respondent contested the application, contending that its industry is located in an industrial zone and running with all necessary consents since 1991. Till 2005 the aluminium industry was run with fire wood as the source of energy. Later on the recommendations by the authorities it was changed into oil furnace.
4. The 3rd respondent-industry had also obtained consent under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 for the first time on 08.06.1991 and thereafter the same had been periodically renewed. The last of such renewal was on 05.07.2018 which was valid till 31.03.2022. Therefore, the 3rd respondent had applied for renewal of consent on 09.03.2022 with all the necessary documents. While the said renewal application was pending before the 2nd respondent-Board, the present application had been filed by the applicants.
25. The 3rd respondent had further stated that on 30.12.2021 the Pollution Control Board had issued the show-cause notice after noticing that the wet scrubber was not in operation. The said observation was based on the inspection made on 16.12.2021. According to the 3rd respondent, the wet scrubber was already in place connected from oil furnace to the stack and the respondent-Board had omitted to notice the same as the industry was not in operation at the time of inspection.
6. Pollution Control Board, which is the 1 st and 2nd respondent had filed a report dated 17.05.2022. The report states that pursuant to the complaints received from public, show-cause notice was issued to 3rd respondent on 30.12.2021. The reason being that the unit had not operated and maintained the common wet scrubber followed by stack provided to let out the emission from aluminium melting furnace using furnace oil as fuel and the emission from the melting of aluminium scraps causing health hazard to the public living around the place. The Board had also further recommended to increase the height of the chimney attached to the existing annealing furnace.
7. Pursuant to the show-cause notice, the 3rd respondent had also attended the personal hearing on 03.02.2022 on which date it was agreed that the industrial unit would complete the repair work on the wet scrubber and stack and also increase the height of the chimney attached to the existing annealing furnace above the height of the adjacent houses and assured to operate only after the completion of the same. Thereafter, the 1st and 2nd respondent had caused an inspection on 25.04.2022 and observed the following:
"i. During inspection, the unit was not under operation. The unit of M/s. Kumaran Metal Industries was engaged in production of Aluminium circles using aluminium scrap.
ii. The unit was carrying out melting of aluminium scrap utensils and the molten aluminium is moulded into square bars and the bars are placed and pressed in the rolling mill to produce aluminium sheets. The said aluminium sheets are subjected to annealing by treating in the annealing furnace. After cooling the aluminium sheets are manually cut into circles. The aluminium cutting/trimming wastes generated during the cutting activity are reused in the process. The unit uses furnace oil as fuel. iii. The sewage generated from the unit is disposed through CMWSSB sewer ling.
iv. No trade effluent generation from the unit.
v. The unit has obtained license of Greater Chennai Corporation bearing license No. 06-077-000126/2022-23 dated 02.02.2022 valid up to 31.03.2023.
vi. The unit has furnished land use classification certificate vide CMDA letter dated 23.08.2006, as light industrial use zone. vii. As per the CMDA second master plan, land use classification of Rs. No. 1673/10 falls under "Mixed residential zone".3
8. The report specifically mentions that the 3rd respondent had not increased the height of the chimney attached to the annealing furnace and also the efficiency of the common wet scrubber for the casting furnace and annealing furnace. The Ambient Air Quality survey and the Ambient Noise Level survey conducted by the Pollution Control Board in the 3rd respondent unit found that the parameter is marginally in the NAAQ standards and the noise level was also within the standards prescribed by the Pollution Control Board.
9. As the raising the height of the chimney and improving the efficiency of the common wet scrubber was not complied with, the Pollution Control Board had issued a direction under Section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981 by granting one month time on 17.05.2022. In the meanwhile, it was submitted that the height of the chimney was raised as directed by the Pollution Control Board and also the common wet scrubber for the casting furnace and annealing furnace efficiency was improved.
10. While so, I.A. No. 74 of 2022 was filed by the 3rd respondent seeking a direction to consider the application for renewal of the consent by the Pollution Control Board. As the renewal application was pending from 09.03.2022, this Tribunal also directed the authorities to consider the renewal for consent and if everything was in order pass appropriate orders in the same. The said order was passed on 04.05.2022 and on 25.05.2022 the consent order No. 2208143993509 was issued to the 3 rd respondent in proceedings No.F1191CHN/OS/DEE/TNPCB/CHN/W/2022. The renewal of the consent was valid for a period till 31.05.2026 with the condition that the industry should obtain „No Objection Certificate‟ from the Tamil Nadu Biodiversity Board if the unit is using any biological resources or knowledge associated thereto as per the provisions of Biodiversity Act, 2002.
11. Though the order was produced by the 3rd respondent, the applicant was opposing the grant of the same and sought for a direction for the closure of the unit. As the regulatory body, namely, the Pollution Control Board has already granted consent having found that the 3rd respondent unit had complied with all the instructions after due inspection. The applicants cannot have any objection, if at all, the applicants are aggrieved, it is open for them to challenge the renewal of the consent granted in the manner known to law.
412. As already the Pollution Control Board has granted the renewal of consent subject to the conditions stated therein, it is open to the 3 rd respondent to start the operations of the industry in compliance of the conditions mentioned in the consent order.
13. In light of the above facts and subsequent developments, the above application is disposed of.
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) Internet - Yes/No All India NGT Reporter - Yes/No O.A. No. 37/2022(SZ) 21st July, 2022. (AM) 5 Before the National Green Tribunal Southern Zone (Chennai) O.A. No. 37 of 2022 M. Padmavathi & ors.
Vs. Member‟s Secretary and Ors.
O.A. No. 37/2022(SZ) 21st July, 2022. (AM) 6