National Green Tribunal
Jaganathasamy vs Pollution Control Board on 20 October, 2022
Author: K. Satyagopal
Bench: K. Satyagopal
Item No.07:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
(Through Video Conference)
Original Application No. 04 of 2022(SZ) &
I.A. No. 150 of 2022(SZ)
IN THE MATTER OF:
Jaganathasamy
Tiruppur District.
...Applicant(s)
Versus
The Member Secretary,
TNPCB, Chennai and Ors.
...Respondent(s)
Date of hearing: 20.10.2022
CORAM:
HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Mr. D.R. Arun Kumar & Mr. R. Kannan.
For Respondent(s): Mr. S. Sai Sathya Jith for R1 & R6
Mr. S. Saravanan and
Mr. Karthikeyan represented
Mr. Vijay Mehanath for R2, R4, R5 & R7.
Dr. D. Shanmuganathan for R3.
Mr. M.B. Elakkumanan for R8.
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ORDER
1. Today, the 8th respondent has filed an affidavit of undertaking which is as follows:-
"3. I submit that there are two stretches of roads to access the National Highways from the crusher unit. One road is situated in S.F.No.533 which is classified as "Government Land" and it extends to a length of about 247 meters and the said road connects to the second road in S.F.No.534 which is classified as cart track. This road extends to a length of about 226 mts and it connects to the National Highways. These roads are being used by me for transporting the crushed aggregates and the said roads are also used by general public for transportation.
4. I submit that, as the said roads are katcha roads and not tar roads, the sand is emanating from the road whenever we transport the materials to and from the our crushing unit. In order to arrest this pollution, this Hon'ble Tribunal suggested that tar road should be laid down as it is stipulated in the consent order that there should be bilane road system to approach the stone crushing unit and the approach road should be properly laid with tar and concrete.
5. I submit that, in pursuant to it, I undertake to lay down the bilane approach road from the unit to the National Highways in the roads situated in S.F.No.533 extending to a length of about 247 mts and S.F.No.534 extending to a length of about 226 mts. I further submit that there is a rock bed situated in S.F.No.534 which is alongside the road proposed to be laid down and the same needs to be blasted to lay down the road. This stretch of the road connects to the National Highways and hence, the said portion of the road shall be laid down in collaboration with the Panchayat for blasting the rock bed situated alongside the cart track.
6. I further submit that, as it is monsoon season, the Tribunal may kindly grant me time till end of January, 2023 to complete the process of laying down the tar roads to ensure that the roads are laid down without any defects."
2. While the said undertaking is being recorded, an objection from the applicant was raised pointing out that though originally the permit was given for crushing only 40 Tonnes of blue metal, the machine installed by the 8th respondent is capable of crushing 50 T/hr. When the capacity is more than what is required, whether the project proponent is required to obtain the consent from the State Pollution Control Board has to be seen.
3. The learned counsel appearing for the State Pollution Control Board is not clear on that aspect and he would seek time to examine the same and file a report on that aspect.
Page 2 of 34. Post the matter on 11.11.2022.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM O.A. No.04/2022(SZ) & I.A. No.150/2022(SZ) 20th October, 2022. Mn.
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