National Green Tribunal
Dr. P.Nagarajan vs State Of Tamil Nadu Environment And ... on 16 April, 2025
Item No.02:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Wednesday, the 16th day of April 2025.
[Through Physical Hearing (Hybrid Option)]
Original Application No.184 of 2023 (SZ)
IN THE MATTER OF
1) Dr. P. Nagarajan
S/o. Ponnusamy,
S.F. No.138, Doctor Thottam,
Sathuparaichithur,
Thimmanguthu Post,
Pollachi Taluk,
Coimbatore District - 642 005.
2) Jothi Sathyap Priya K
W/o. Kumar Raj E
No.1/117, Priya Kumar Farm House,
Kallipatti (Pudur),
Kondegoundan Palayam (Post)
Pollachi, Coimbatore District - 642 120.
3) A. Thiyagaraj
S/o. K. Arokiyasamy,
4/231, Nagarakalandai Pirivu,
Dasanaikanpalayam Post,
Malaipalayam Village,
Sulur Taluk,
Coimbatore District - 642 202.
...Applicant (s)
Versus
1. The Secretary to Government
Environment, Climate Change & Forests Department,
Secretariat, Fort St. George,
Chennai - 600 009.
2. The Chairperson
Tamil Nadu Pollution Control Board,
76, Mount Salai, Guindy,
Chennai - 600 032.
3. The Member Secretary
Tamil Nadu Pollution Control Board,
76, Mount Salai, Guindy,
Chennai - 600 032.
4. The Chief Engineer
State Ground and Surface Water Resources Data Centre,
Tharamani,
Chennai - 600 113.
Page 1 of 9
5. Central Pollution Control Board
Through the Member Secretary,
Parivesh Bhawan, East Arjun Nagar,
Delhi - 110 032.
(R5 was Suo Motu impleaded as per Order dt.09.01.2024)
...Respondent(s)
For Applicant (s): Mr. A. Yogeshwaran a/w.
M/s. R. Prabakar, P. Marudhupandiayn & S. Selvi.
For Respondent(s): Dr. D. Shanmuganathan for R1 & R4.
Mr. S. Sai Sathya Jith for R2 & R3.
Mr. R. Thirunavukarasu for R5.
Judgment Reserved on: 14th February, 2025.
CORAM:
HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGEMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. The above Original Application challenges the notification in Proceedings No.TNPCB/T1/F.13367/Coir/2023 dated 10.10.2023 of the Tamil Nadu Pollution Control Board (TNPCB) and the decision to withdraw its Proceeding No.T2/TNPCB/F.13367/2021 dated 10.11.2021 in respect of classification of coir industries under the 'Orange' category, which mandated stricter environmental controls.
2. According to the applicants, the coir industries involved in the process generate significant air and water pollution, adversely affecting the nearby residents, agricultural lands and ecosystems. Based on the pollution potential, the coir industries were categorized as 'Orange' by the TNPCB in its Board Proceedings (BP) No.11 dated 04.04.2007. Later, by BP No.34 dated 05.10.2012, the manufacturing of coir items was brought under the 'Green' category. The coir industries produced dust Page 2 of 9 during the husk processing, which spread into the nearby areas causing respirable problems and affecting crop pollination. Additionally, the industries extract groundwater indiscriminately to wash and buffer the coir pith resulting in effluents containing sodium, potassium, and other contaminants.
3. These untreated effluents were let out in open lands and water bodies causing pollution to the environment rendering the water unfit for drinking and irrigation while releasing foul odours. The inspection by the Joint Committee constituted by this Tribunal also confirmed the said environmental violations, leading to stricter guidelines in 2021, by which, coir industries were categorized under the 'Orange' category.
4. However, in October 2023, the TNPCB withdrew this classification citing the Central Pollution Control Board (CPCB)'s draft notification on industrial sectors. Hence, the applicants contend that the withdrawal by the TNPCB is arbitrary and inconsistent with the findings of the previous inspections and judicial directives.
5. The applicants further contended that the decision of the TNPCB disregards the proven environmental harm caused by the coir industries by prioritizing the industrial interest over public health and ecological sustainability.
6. Therefore, the applicants seek to challenge the TNPCB's 2023 Notification to ensure that coir industries comply with the pollution control measures to protect public health, agriculture fertility and environmental integrity.
7. In response, the 4th Respondent, which is the Water Resources Department (WRD) through its Chief Engineer, filed a report highlighting the regulatory challenges and actions taken concerning groundwater extraction by coir industries in Tamil Nadu. The report provides an overview of the legal framework, inspection findings, and the department's recommendations to address violations and ensure sustainable groundwater management.
Page 3 of 98. The report refers to a G.O. (Ms.) No.142, Public Works (R2) Department, dated 23.07.2014, as per which, the industries, that use water as a raw material, are eligible for No Objection Certificate (NOC) in safe and semi-critical blocks only and not in any other category of blocks. The extraction and transportation of groundwater for water-based industries is not permitted from critical and over-exploited blocks. Hence, the water-based industries are not eligible to get NOC in over-exploited and critical blocks. The inspection report of the WRD conducted in Madurai District revealed that 55 coir industries were using groundwater without obtaining mandatory NOCs. These industries were primarily using groundwater for domestic purposes, but their operations still required compliance with NOC regulations. Therefore, notices were issued to these industries, and District Monitoring Committees were informed to take action against violators.
9. Even, according to the WRD, the coir industries fall under the category of water-based industries, which are required to obtain NOCs for groundwater extraction. However, as on date, no coir industry in Tamil Nadu has obtained NOC in this regard. The WRD highlighted that inspecting 5,000 coir industries in the State would require at least six months' time to complete the process.
10. The WRD also noted gaps in the current regulatory framework, such as the absence of provisions for collecting environmental compensation for illegal groundwater extraction. It recommended incorporating such provisions in future legislation to strengthen enforcement mechanisms. It was further stated that there are ongoing efforts to draft comprehensive groundwater management legislation to address these issues effectively.
11. The Tamil Nadu Pollution Control Board (TNPCB)/Respondents No.2 & 3 have filed a report dated 27.07.2024 wherein, it is stated that a large number of coir industries are located in Coimbatore, Erode, Namakal, Karur, Dindigul, and Kanniyakumari Districts. The TNPCB has further stated that a lot of complaints were received by them from the farmers and public against the coir de-fibering units, requesting Page 4 of 9 them to take action against the illegal coir units causing air and groundwater pollution. Complaints were investigated and certain units were directed to be closed by disconnecting the power supply. While so, the CPCB issued a direction for the re- categorization of industries dated 07.03.2016. Accordingly, the TNPCB had categorized the manufacturing of coir items from coconut husk alone under the 'White' category and coir processing/manufacturing industries were not categorized. Therefore, the TNPCB worked out the pollution index score for the coir industries and based on the same, vide Proceedings dated 10.11.2021, the TNPCB categorized the coconut husk retting/ de- fibering/ pith processing industry under the 'Orange' category. This was challenged in a writ petition [W.P. No.25737 of 2021] by the Coconut Fiber Manufacturing Association before the Hon'ble High Court of Madras, which was stayed on 03.12.2021 and directed the TNPCB to maintain a status quo on the re- categorization of coir industries i.e. B.P. dated 10.11.2021.
12. In the meanwhile, the CPCB had released the draft notification in July 2023 which was yet to be notified. In view of the said draft notification, the TNPCB withdrew the BP dated 10.11.2021, regarding the categorization of coconut husk retting. As the TNPCB withdrew the BP dated 10.11.2021, the writ petition was disposed of by the Hon'ble High Court of Madras, stating that "In view of the order dated 10.10.2023 passed by the Tamil Nadu Pollution Control Board withdrawing the order dated 10.11.2021, nothing survives for adjudication in the writ petition. Hence, the writ petition is disposed of".
13. The Central Pollution Control Board (CPCB), which was Suo Motu impleaded as additional Respondent No.5, has filed its report dated 01.05.2024, explaining that the draft report on industrial classification published in July 2023 categorized approximately 400 sectors, including coir industries. The draft received extensive feedback from various stakeholders, including the SPCBs. To address these issues and finalize the classification methodology, the CPCB constituted a committee comprising senior scientists and experts, which had taken three Page 5 of 9 months' time to complete the process due to the complexity of the task.
14. In the subsequent report dated 13.02.2025 of the CPCB, it is stated that the revised classification of industrial sectors based on their pollution potential was issued. The revised methodology provides a framework for categorizing industries into Red, Orange, Green, White, and Blue categories, based on their Pollution Index (PI), which evaluates water pollution, air pollution, and waste generation.
15. The CPCB's classification system originated in 1989 and was refined in 2016 to incorporate the Pollution Index (PI) methodology. However, based on advancements in cleaner technologies and feedback from stakeholders, CPCB revisited the methodology in 2025 to address limitations such as inadequate weightage for operational size, fuel type, and segregated industrial activities. The revised classification includes five categories:
• Red Category: Industries with the highest pollution potential.
• Orange Category: Industries with moderate pollution potential.
• Green Category: Industries with low pollution potential. • White Category: Industries with minimal or no pollution potential.
• Blue Category: Industries (specialized in waste treatment facilities) classified as essential environmental services for management of environmental pollution arising from domestic/household activities.
16. So far as the coir industry is concerned, the CPCB's report explicitly categorizes coir industries into three sub- categories based on their processes, which are as follows:-
• Orange Category: Coir bleaching and dyeing/printing units due to moderate pollution potential from chemical- laden effluents and water-intensive processes.Page 6 of 9
• Green Category: Coir fibre/pith processing units generating effluent, reflecting lower pollution levels than dyeing units.
• White Category: Dry-process coir product manufacturing units with minimal pollution as they involve mechanical processing without effluent generation.
17. This classification aligns with CPCB's revised methodology based on PI calculations and supersedes earlier state-level decisions regarding coir industries. It ensures targeted regulatory oversight while promoting sustainable practices. The revised methodology calculates the Pollution Index using scores for water pollutants, air pollutants, and waste pollutants. The cumulative PI determines the category of each sector. The scoring system considers factors such as wastewater characteristics, emission types, fuel usage, and hazardous waste generation. Coir industries are classified based on their specific operational processes, ensuring precision in regulatory measures.
18. The CPCB has directed all the State Pollution Control Boards (SPCBs) and Pollution Control Committees (PCCs) to adopt this classification system for consent management, inspection prioritization, siting criteria decisions, cluster development planning, and environmental compensation calculations.
19. The present application was filed to challenge the TNPCB's decision to withdraw the 2021 "Orange" categorization for coir industries, arguing that this reclassification ignored the sector's pollution potential and weakened regulatory oversight. The applicants contended that coir processing, particularly bleaching and dyeing activities, had significant environmental impacts that warranted stricter controls. However, during the pendency of this application, the CPCB issued a revised classification framework, restructuring industrial categories based on pollution indices and process-specific considerations. This revision effectively replaced the earlier classification scheme that formed the basis of the applicants' challenge.
Page 7 of 920. Under the new framework, coir industries are now classified according to their specific operations, with bleaching and dyeing units placed under the "Orange" category, while fibre processing and dry-process units are assigned to lower categories. This classification aligns with pollution concerns raised in the application and provides a structured approach to regulatory oversight. Given that the CPCB's guidelines now supersede TNPCB's 2021 classification, the applicants' original grievance regarding the withdrawal of the "Orange" category has been rendered academic. The TNPCB is now bound to implement the CPCB's updated methodology, ensuring compliance within a standardized national framework.
21. The applicants' grievance was primarily centred on TNPCB's withdrawal of the 2021 classification, which, at the time, effectively reduced regulatory oversight over coir industries. However, this concern must be assessed in light of CPCB's revised classification framework, which now applies at the national level.
22. While the applicants rightly highlighted the pollution risks associated with coir industries, the final classification issued by CPCB in 2025 [Classification of Sectors into Red, Orange, Green White and Blue Categories] retains necessary regulatory oversight for higher-impact processes, particularly bleaching and dyeing units. These remain under the "Orange" category, ensuring that pollution control measures are enforced. The Tribunal also acknowledges that the revised framework represents a more granular approach to classification, recognizing the varying degrees of pollution potential within the coir industry rather than treating all units uniformly.
23. At the same time, WRD's findings on unauthorized groundwater extraction remain a serious concern. The absence of mandatory NOCs among coir industries indicates lax enforcement and regulatory gaps. The Tribunal finds that the enforcement of groundwater regulations must be strengthened to ensure compliance with environmental norms.
Page 8 of 924. Given these developments, the Tribunal finds that the applicants' original grievance, based on the withdrawal of the 2021 classification, has been overtaken by subsequent regulatory amendments at the national level. However, enforcement remains an issue requiring continued monitoring by the authorities.
25. Since the grievances of the applicants have been duly addressed, nothing survives for further adjudication in this matter. However, following directions are issued for continued regulatory compliance: -
I. The Water Resources Department (WRD) shall ensure that all coir industries obtain the requisite No Objection Certificate (NOC) in accordance with G.O. (Ms.) No. 142, Public Works (R2) Department, dated 23.07.2014.
II. The Tamil Nadu Pollution Control Board shall ensure strict adherence to the sectoral classification issued by the Central Pollution Control Board (CPCB) in 2025.
26. With the above directions, the Original Application [O.A. No.184 of 2023 (SZ)] is disposed of.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.184/2023 (SZ) 16th April, 2025. Mn.
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