National Green Tribunal
S Lathika vs The Chairman Tamil Nadu Pollution ... on 29 November, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.05:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 209 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
S. Lathika,
Kanyakumari District
...Applicant(s)
The Chairman, . <
Chennai and others. '
Date of hear
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1. The above case has been posted to today for return of notice on 6™
respondent, completion of pleadings and also for consideration for
report.
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2. Though, notice was serv respondent, there was no
representation for them. © feel that an opportunity can be
given to the 6" responder
ng their appearance and submit
their ge respon
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EPORT FILED ON BEHALF OF THE 1° & 3 RESP:
TAMIL NADU POLLUTION CONTROL BOARD
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8. Rajamanickam , S/o. P.M. Ramasamy, Hindu, aged about
600032, co hereby solemnly affirm and sincerely state as follows'-
I, [ am the Joint Chief Environmentel Engineer, Tamil Nedu
Follution Coniral Board, Chennai and | am filing this Report on behalf
of the 17 & 3 Respondents Tamil Nadu Pollution Control Board and
as such | am well acquainted with the facts of the case as per records.
4. is respectfully submited that the applicant Trt. S Lathika,
had filed this application before the Hon'ble NGT (SZ), Chennai with a
prayer to grant permanent injunction restraining the respondent from
running an iisgal unauthorized highly polluting cashew nut factory in
the name and style of M/s. S.S. Cashew nut factory at Old Survey No,
4126 in RS. No. 26/6, Devicode Village, Thazhmana Vilagam,
Karacode, Cheruvalloor Post, Viavancode Taluk, Kanyakumari District
and to direct the respondents to initlafe appropriate action against the
unit for violating the provisions of the Environmental Protection Act, the
Water (Prevention and Control of Pollution} Act, 1974 and the Air
(Prevention and Control! of Pollution) Act, 1981.
3. lt is respectfully submitted that Consent to Ooerate was issued
fo the unit of Mis. S.S.Cashews, S.F. NO. 28/6 (P), Devicode Village,
Vilavancode Taluk, Kanyakumari district vide Proc. No. F.O794NGL/
Qc/ DEE/ TNPCS / NGL / W / 2077 Dated 13/12/2017 under the
Water (Prevention and Control of Pollution) Act, 1974 and vide Proc.
No. F.OYS4NGL OS/ DEE/ TNPCB/NGL/A/ 2017 Dated 13/12/0077
under Air (Prevention and Control of Pollution} Act, 1951 valid upto
$1,05.2022 subject to the conditions as stated therein for the following:
Product: Cashew Kernals -- 4 T/M
Effluent Discharge: Sewage ~ 1.0 KLD (On industry's own land)
3
Trade Effluent - 0.02 (Solar Evaporation Pan)
Emission: 1. Bover--- Stack with height of 18 m from ground level
2. Borma ~ Stack with height of T8 m from ground level
4. {t ss respectfully submitted that earlier a complaint petition
dated 30.09.2079 was received fram the applicant Tmt. Lathika.s,
Kanyakumari District stating that the smoke emanating from the unit
causes. health issues fo them. In this regard, the complainant was
addressed vide DEE, TNPCB, Nagercoil Letter Na. F.NGL ~ 06 (239) /
2079 dated 70.02.2020 stating tnat fhe unit was inspected: an
06.02 4020 and if was noticed that the boiled cashews were brought
from Kerala and the cashew nut shells were cul and then hested using
electrical bormah to remove the testa. Finally, the cashew kernals
were sent back to Kerala. Also the unii was instructed not to ullize
cashew nut shell as fuel and fo comply with the conditions impased in
the CTO order dates 13.12.2047.
Also, & complaint petition dated 04.17.2020 was received from
Tmt. Lathike.S, Kanyakumari District stating that the smoke emanating
from the unit causes health issues tc them and the complainant was
addressed vide DEE, TNPCB, Nagercoil Letter No. F_.NGL ~ 06 (239) /
2019 dated 26.03.2021.
5. {tis respectfully submitted that the Hon'ble NGT (SZ), Chennai
vide iis order dated 28.09.2021 had directed as follows:
"Para 8\Ve fad direct the District Collector, Kanyakumari
Olstriot ar his nomnes not below the rank of Assistant Collector
and also the District Environmental ingineer (DEE) Tamilnadu
Pollution Control Board, Kanyekumar Disirict fo inspect the unit
in Question and to Me their independent factual as well as action
taken report F there is any violation found.
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Para 8: They are directed fo ascertain as fo:
Whether such tyoe of factories are oennssible i a
residential area,
Whether the 6" respondent fad obtained necessary
Glearance * permission, Ff any. required under the
environmental laws,
if they had obtained necessary oennission / clearance,
fhen, whether they fave cammitted anv violations of the
conditions imposed and if so, the nature of violations and
fhe remedial measures to be taken for rectifying the same,
Whether the pollution control mechanism provided by ihe
8° respondent are sufficient to avoid pollution being
caused, and if not, wheal are the further up-oradations wall
have to be provided by them to make this an environment
compliant unit fo avoid compliant of pallution being caused,
Whether the 6" respondent is operating their unit day and
night causing hardships fo the people in that locality.
The Pollution Control Board is directed to ascertain the
sound pollution that is said to have been caused, on
account of the operation af the 8° respondent unif and # #
exceeds the limi pravided, then, what is the ramecial
measures to be taken by the 8" respondent ta abaie the
sound pollution that is Ukely to be caused on account of
ihefr operation.
if there is any violation committed. the Pollution Cantroj
Soard is directed fa ascertain the damage caused fo the
environment and assess the environment compensation,
on the basis of the guidelines ofven oy the Central
Pollution Control Board (CPCS) in this regard and as
directed by ihe Principal Bench of National Green Tribunal
as weil ihis Tabunal in matiers of the simiar nature."
in view of the above, the DEE, TNPCS, Nagercoil vide letter
dated 26.10.2021 has requested the Deputy Chief Scientific Officer,
Advanced Environmental Laboratory, Tirunelvell fo carry out an
Ambient Air Quality and Ambient Noise Level Survey at M/s S & S
Cashews, &.F. No. 26/9 (PF), Devicode Vilage, Viavanceode Taluk,
Kannivakumari District and furnish the Report of Analysis at the
earliest so as assess the dust pollution due to operation of the unit.
The survey will be carried aut soon.
6. it is further submitted that fhe respondent unit was Inspected
by the Assistant Environmental Engineer, TNPCB, Nagercoll on
28.16.2021. During inspection he following were observed:
L Phe unit was in operation.
i The unit is engaged in the manufacture of
Casnew Kernais by boiling of raw cashew nuts. The
manufacturing process involves boiling, cutting, bormah,
peeling, grading and packing of cashew nuts.
ii, Phe unt has installed 1 No. of boiler with 2
cookers and has orovided stack to the boiler.
iv. The unit has pravided the compound wail on all
its sides. Also, the untt has provided tin sheet of height 16
fi above the compound wall along the petitioner's
residence.
v. The unt has provided 12 nos. of cutting machines
which are operated manually, 1 no. of peeling machine
and 4 Ao. of fully slectrical bormah.,
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vi. Fae petitioner's residence is located adiacent to
the unit.
viL The unit was utilising firewood as fue! in the
boiler.
VIL The unit informed that the cashew nut shell is
sent fo M/s Annal Traders, Unnamalaikacal,
Eraviputhoorkadal, Kanniyakumari District for further
beneficial use such as for extractian of cashew nut shel!
oll. The unit has maintained necessary records for the
same.
ix. The unit aisa informed that boiling activity is
being carried out for 2 hours in the early morning from 4
am fo S am and the other activities such as cutting,
bormah, peeling efc. were being cared out manually
frorn 6.30 am to 6.30 pm.
Based on the observations, the following are concluded:
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No citing criteriaexists In respect of establishment of
cashew nut industries. Further, the unit's S.FLNo. 26/6 is
under non-planned area as per DTCP letter dated
28.08.2013 However, cashew nuf industries engaged In
processing of raw cashew nut by roasting methed only
emanates dense smoke around for which wet scrubber
system is being adopted as sellution control mechanism
tO avoid air pollution and to mitigate public complaint.
Moreover, all roasting process cashew nut units in
Kanyakumari District are being insisted either to provide
wet scrubber or fo switch over ta Bailing (Cooking)
process fo curtail smoky emission. Whereas, this unit
involves only cooking process. So dust emission from the
unit is not significant.
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rhe uni has obtained consent to Operate was issued to the unit of M/s. S & S Cashews, S.F. NO. 26/6 (P}, Devicede Vilage, Vilavancode Taluk, Kanyakumari District vide Proc.daied 13/12/2017 under Water (Prevention and Control of Pollution) Act, 1974 and under Ar (Prevention and Control of Pollution) Act, 1981 valid upfo S1.03.2022 sublect to the conditions os stated therein.
di, The unit is in operation with valid consent of the board.
Mw. | No violation is noticed on the compliance of consent of Board issued fo the unit.
v. The unit has provided stack of adequate height to vent out smission from boiler & heating (Bormah) process. Aisa, the unk has used only firewood as fuel.
vi The unitis being run from 06.80 AM te 06.30 PM.
vi. No violation with respect to the compliance of consent condition is committed by the unit.
Under the above circumsiances, if is humbly prayed that this ran'bie National Green Tribunal may be oleased to pass such further ar other orders as this Hon'ble Tribunal may deem ft and proper in the
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ao the® é Pamil Nadu Pollution date, then, this Tribunal will be compelled to proceed with the matter on the basis of the material available on record. ©. The respondents are directed to submit the reply statement to this Tribunal on or before 13.12.2021, by e-filing in the form of searchable . For return of notice o PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hard copies to be produced as per rules.
. The Registry is directed to communicate this order to the official immediately through e-mail for their information and for complying with the directions issued by this Tribunal without delay.
', completion of pleadings and also for objections if any t wrt submitted by the Tamil Nadu Pollution Contra] Board (TE O. A. No.20%2 29.11.2021'Sr. ,