Saraswathi Excel Matriculation School ... vs The Member Secretary Tamil Nadu ... on 11 November, 2022

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National Green Tribunal

Saraswathi Excel Matriculation School ... vs The Member Secretary Tamil Nadu ... on 11 November, 2022

Bench: K. Satyagopal

Item No. 09:

               BEFORE THE NATIONAL GREEN TRIBUNAL
                    SOUTHERN ZONE, CHENNAI

                    Original Application No.112 of 2022(SZ)
                                       &
                            I.A. No. 173 of 2022(SZ)
                           (Through Video Conference)

IN THE MATTER OF:

Saraswathi Excel Matriculation School, Rep by its Correspondent, Villupuram
Dist.

                                                               ...Applicant(s)
                                        Versus

The Member Secretary, TNPCB, Chennai and Ors.

                                                               ...Respondent(s)
Date of hearing: 11.11.2022.

CORAM:

   HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

   HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER


For Applicant(s):        Mr. B. Sundarapandiyan along with
                         Mrs. Hema Sampath

For Respondent(s):        Mr. S. Sai Sathya Jith for R1 & R4
                          Dr. Shanmuganathan for R2, R3, R5 to R7




                                        1
                                  ORDER

1. The 8th respondent, M/s. Sri Krithika Agro Chemicals whose conduct is under challenge is not before us despite service of notice.

2. Today Ms. Uma Mageshwari, Agriculture Officer, Agriculture Department, Chepauk, Chennai and Mr. G.S. Giri, Plant Protection Officer from the Regional Office, Plant Quarantine Station, Chennai are physically present and they explained about the pesticide namely Phorate. When the use of Phorate is completely banned from 31.01.2020, the mention of Phorate of 10% in the outer cover of the 8th respondent's product has caused concern.

3. Though, it is stated by the Pollution Control Board that on inspection they have not found Phorate being used in the premises of 8th respondent, the same has been stated in their report. If they are not using the banned chemical 'Phorate' it is also to be verified that how they could mention the same on the product cover.

4. In this regard, the applicant has to explain and produce the original picture details of which they have displayed in Page Nos. 13 to 15.

5. If the applicant is able to establish that the 'Phorate' is being used by the 8th respondent clandestinely, then the 8th respondent will be at a risk of closing his unit.

6. Let the report of the Pollution Control Board be filed in advance after furnishing a copy to the Learned Counsel for the applicant to enable them to file objection if any.

7. Post the matter on 22.11.2022.

Sd/-

Smt. Justice Pushpa Sathyanarayana, JM Sd/-

Dr. Satyagopal Korlapati, EM O.A. No. 112/2022(SZ) & I. A. No. 173/2022(SZ) 11th November 2022. AD.

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