National Green Tribunal
M S Raja vs Union Of India Rep By Its Secretary on 18 January, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No.1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 08 of 2022 (SZ)
(Through Video Conference)
IN THE MATTER OF:
M.S. Raja,
4/1, Saraswathi Amman Kovil Street,
Puthukudi - 628 621.
Srivaikundam,
Thoothukudi District.
...Applicant(s)
Versus
Union of India
Rep. by its Secretary of Government,
Ministry of Environment and Forests and Climate Change,
Government of India, Paryavaran Bhavan,
New Delhi and Ors.
...Respondent(s)
Date of hearing: 18.01.2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s): Mr. V. Ramasubbu.
For Respondent(s): Dr. D. Shanmuganathan for R3.
Ms. Pooja represented
Mr. S. Sai Sathya Jith for R4 & R5.
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ORDER
1. The grievance in this application is regarding the alleged illegal operation of 6 Mega Watt Captive Thermal Power Plant established by the 6th Respondent in their unit without obtaining necessary Environmental Clearance (EC) and other permissions under the environmental laws.
2. According to the applicant, it is nothing but an expansion of their unit, for which, Environmental Clearance (EC) is required and further, there is no Consent to Establish or Consent to Operate obtained from the Pollution Control Board.
3. It is also alleged in the application that on account of the operation of the unit, huge pollution both air as well as water and sound is being caused, as necessary pollution control mechanism has not been provided.
4. Though the 5th Respondent/DEE-TNPCB had issued a show cause notice and also issued a closure order under Section 31 A of the Air (Prevention and Control of Pollution) Act, 1981 and Section 33 A of the Water (Prevention and Control of Pollution) Act, 1974, the 6th Respondent is still operating the unit, disobeying the directions issued by the Pollution Control Board and no action has been taken by the Pollution Control Board regarding the same as well, though it was Page 2 of 6 brought to their notice by sending representations.
5. So, the applicant has no other remedy, except to approach this Tribunal by filing this application seeking the following reliefs:-
"(a) To direct the 6th Respondent to immediately stop the illegal and unlawful operation of the 6 MW Captive Thermal Power Plant.
(b) To direct the 6th Respondent to take steps towards compensating and remedying the social and environmental damages caused due to illegal establishment and illegal operation."
6. When the matter came up for hearing today through Video Conference for admission, Mr. V. Ramasubbu represented the applicant. Dr. D. Shanmuganathan entered appearance for 3rd Respondent and Ms. Pooja represented Mr. S. Sai Sathya Jith for Respondents No.4 & 5.
7. On going through the allegations made in the application, we are satisfied that there arises a substantial question of environment which requires interference of this Tribunal. So, the matter is admitted.
8. Issue notice to the respondents by Registered Post with Acknowledgment Due, by e-mail and also by dusthi (if possible) and produce proof of service by filing proof affidavit as per Rules.
9. The Applicant is directed to serve the copy of the application along with the documents produced to the standing counsel appearing for the Respondents No.3 to 5 within a week so as to enable them to get Page 3 of 6 instruction from the respective authorities and file their independent response regarding the allegations made in the application.
10. The Applicant is also directed to produce necessary requisite along with postal covers and postal stamps before this Tribunal within a week so as to enable this Tribunal to send notice to the respondents to ensure service on them and proceed against them, if they did not appear in their absence in accordance with law.
11. In order to ascertain the genuineness of the allegations made in the application, we feel it appropriate to appoint a Joint Committee comprising of (i) a Senior Officer from the Ministry of Environment, Forests & Climate Change (MoEF&CC), Integrated Regional Office, Chennai, (ii) a Senior Officer from the State Level Impact Assessment Authority (SEIAA) - Tamil Nadu and (iii) District Environmental Engineer of Tamil Nadu Pollution Control Board, Thoothukudi to inspect the area in question and submit a factual as well as action taken report, if there is any violation found.
12. The Joint Committee is also directed to ascertain as to whether the 6th Respondent had obtained Environmental Clearance (EC) and necessary permissions under the environmental laws for establishing the 6 MW Power Plant and whether they are operating still, despite the closure order issued by the Tamil Nadu Pollution Control Board, as alleged by the applicant in the application and if so, what is the Page 4 of 6 nature of action taken against them. If the 6th Respondent had committed any violation of environmental laws, the committee is directed to assess the damage caused to the environment on account of their alleged illegal operation and assess environmental compensation not only for the violation of the conditions of the alleged unauthorized operation, but also for cost of restoration for the damage caused to the environment.
13. The Joint Committee is also directed to ascertain as to whether all necessary pollution control mechanisms have been provided to mitigate the chances of pollution on account of the operation of the alleged 6 MW Power Plant, even if they obtained necessary permissions and if not, what is the nature of precautionary measures to be taken to resolve the issue to avoid further complaints in this regard.
14. The Tamil Nadu Pollution Control Board will be the nodal agency for co-ordination and also for providing necessary logistics for this purpose.
15. The applicant is directed to serve a set of papers to the Joint Committee members within a week so as to enable them to comply with the direction and file a report without delay.
16. The Joint Committee is directed to submit the report to this Tribunal on or before 25.02.2022 by e-filing in the form of Searchable PDF/OCR Page 5 of 6 Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
17. The Registry is directed to communicate this order to the members of the Joint Committee and also to the official respondents by e-mail immediately for their information and compliance of directions.
18. For return of notice, appearance of parties, filing their independent response and also for consideration of the report, post on 25.02.2022.
Sd/-
......................................J.M. (Justice K. Ramakrishnan) Sd/-
.....................................E.M. (Dr. Satyagopal Korlapati) O.A. No.08/2022 (SZ) 18th January, 2022. Mn.
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