Court : National Green Tribunal Principal Bench New Delhi
This application is filed challenging the order in Preceeding No: T-7/YNPCB/F.19425/MMN/Compl/2011-1 dated 13.09.2011 of the Chairman, Tamil Nadu Pollution Control Board (R-1), whereunder the applicant was directed, while exercising provision under section 31A of the Air (Prevention and Control of Pollution) Act, 1981 as amended in 1987, directing the concerned authority to stop the power supply to the unit of the applicant with immediate effect. This was preceded by an order of even dated 13.09.2011, asking the applicant to close down the unit with immediate effect. There is no necessity of going through all the details. The only controversy arisen in this matter is as to whether the location of the unit falls within CRZ or not .When the matter came up for hearing on 4th January, 2012 the following order was passed: The appellant, Party in person has drawn our attention to the rejoinder and the letter dated 15.12.2011 issued by the Member Secretary, Tamil Nadu State Coastal Zone Manag...
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
1. Janajgrithi Samithi, a Society registered under the provisions of Societies Registration Act, has filed this Appeal, assailing the order dated 1st September, 2011, passed by the Ministry of Environment and Forests (MoEF), allowing amendment of Environment Clearance (EC) for installation / expansion of 2x600 MW imported Coal Base Thermal Power Plant, at Udupi in the District of Karnataka. The factual scenario reveals that on 20th March, 1997 EC was accorded by the MoEF to M/s Udupi Power Corporation Ltd. (Respondent No.4) for establishing 2x500 MW Power Project. On the basis of a further application filed by the Respondent No.4, the MoEF amended the earlier EC on 25th January, 1999 and 9th September, 2009 respectively, permitting enhancement of the capacity of the said Thermal Power Plant to 2x507.5 MW and subsequently to 2x600 MW. While matter stood thus, on the basis of further approach made by Udupi Power Corporation (Respondent No.4), the MoEF once again modified the EC and allow...
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
Order dated January 18, 2010 passed by the Ministry of Environment and Forests granting Environmental Clearance to 3x350 MW Coal Based Thermal Power Plant at village Dhanras, in Khatgora Tehsil, in Korba Distt., in Chhattisgarh is assailed in this Appeal, invoking jurisdiction under Section 11 (1) of the National Environment Appellate Authority Act, 1997. 2. After promulgation of National Green Tribunal Act, 2010 the said Appeal stood transferred to this Tribunal. It appears that Notices were issued to all the Respondents and they have filed detailed Reply(s) both on facts and law. 3. In course of hearing, however, it appears that the Appeal was presented beyond the time prescribed under the Act. Being conscious about the said fact, Appellants have filed an Application for Condonation of Delay. Respondent 3 the Project Proponent has also filed an affidavit, repudiating the stand taken in the Application for Condonation of Delay. 4. According to Mr. Dutta, the Appellants are the reside...
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
1. Appellant is a company incorporated under the provisions of the Companies Act, 1956 and is engaged in the business of manufacturing and sale of carbonated soft drinks under the brand name of Coca-Cola Sprite, Limca, Mazza, Thmps Up etc. and has a plant at Raninagar Industrial Growth Centre, P.S. and District Jalpaiguri, West Bengal. 2. The directions issued by West Bengal Pollution Control Board (WBPCB) to the Appellant Company by letter dated 2nd May, 2011 is sought to be assailed in this Appeal. By the said letter, WBPCB directed the Appellant Company as follows: a) The industry shall ensure continuous and smooth functioning of the pollution abatement system in all its unit operations and comply with the environmental standards. b) The industry shall submit an action plan for compliance of liquid effluent discharge standard within a time period of fifteen (15) days. The industry shall also install suitable infrastructure for testing of the liquid effluent samples so as to assess t...
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
The Appellant Company is running a Mini Cement Plant and operating Lime Stone Mines at Khatkurbahal and Kulenbahal in the District of Sundargarh (Odisha). It intended to enhance its plant capacity vis--vis the capacity of the mining operation and filed an application before the Ministry of Environment and Forests (MoEF) for granting necessary approval in the year 2009. On the basis of such application Terms of Reference (TORs) were issued by the MoEF by letter dated 15th December, 2009. Thereafter, the Appellant collected base line data on ambient air quality, water quality, noise level, soil and flora and fauna and also complied with other stipulations made in the TOR and submitted EIA/EMP report alongwith a draft of Rs.75,000/- (seventy five thousand) for conducting Public Consultation to the Odisha State Pollution Control Board (OSPCB). 2. While matter stood thus, the period of mining lease of the Appellant in respect of lime stone mines was about to expire on 14th January, 2012. Th...
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
This application is filed seeking to direct the Respondents to inspect the applicants unit and permit the applicant to operate the unit which was closed on 25.6.2010. The Tamil Nadu Pollution Control Board (TNPCB) after inspecting the unit found certain deficiencies and directed the applicant to rectify with the same. Since the applicant had not complied, the TNPCB invoked its power under Section 31-A of Air (Prevention and Control of Pollution) Act, 1981 and directed to close down the unit and directed the Assistant Engineer to stop supply of electricity with immediate effect. It appears the applicant had made several representations requesting the TNPCB to re- inspect the unit since he had complied with the deficiencies pointed out earlier. As there was no response, this application is filed. The application had come up on 18.10.2011, 23.11.2011, 18.12.2011. On 19.1.2012 reply was filed by R-1 and R-2. However, they failed to reply para 10 of the Application No. 22 of 2011 which read...
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
This application is filed seeking a direction to R-1 and R-2 to inspect the unit of the applicant and consider the representations made by him dated 27.8.2010 and pass orders giving consent to operate the Unit. It appears the applicant is running a small plastic recycling unit at Door No. 1/1, Ramamurthy Street, Raghupathinaicken Palayam, Erode-2, Tamil Nadu. The implead party petitioner here filed Writ Petition before the Honble High Court of Madras in WP No. 24551 of 2009 and the same was disposed of with a direction by the High Court of Madras on 18.1.2010 which reads as under: In our view, these are all aspects which need to be looked into at higher level. We, therefore, request the Chairman, TNPCB to nominate a senior officer, who will inspect the site and make a report to the Chairman, TNPCB. We also request the District Collector, Erode to make a report to the Chairman, TNPCB as to whether any planning permission/sanction has been obtained from the local authorities for the runn...
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
This application is filed seeking relief for protection of environment against Respondent-5, who is said to be causing noise and dust pollution round the clock by running three powerlooms at Ward No. 13, Jhansi Nagar, Veerapan Chatram, Erode District, Tamil Nadu. The complaint of the applicant in a nut shell is that he is a resident of Jhansi Nagar, Veerapan Chatram, Erode District, Tamil Nadu and the Respondent-5 has three Powerlooms operating in Survey No. 164/2, 192/2, 199/2 of Jhansi Nagar, Veerappan Chatram, Erode District, which are making loud noise round the clock in the locality. The school going children are not able to do their home work and the elderly people are not able to sleep due to heavy noise. Some of them are in fact affected by so many health problems like asthma, sinusitis, etc., due to emission of cotton dust. Though he made a representation on 24.01.2011 to Respondent-2, ventilating the grievances of residents and to remove all the powerlooms from the residentia...
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
This matter came up last time for hearig on 04.01.2012. It was informed to the Tribunal that in so far as Radha Nagar residential area is concerned there is no dumping of solid waste, whereas in case of the water body still the garbage is being dumped and this is polluting the water body and the water-area is shrinking. On 10.01.2012 we directed the Nandhivaram Grama Panchayat as well the District Environmental Engineer, Tamil Nadu Pollution Control Board (TNPCB), Kanchipuram District, Marai Malai Nagar, to monitor the situation and also to take out video graphic evidence of the entire area including the water body. In the presence of the District Environmental Engineer, TNPCB, Kanchipuram District, Marai Malai Nagar, the Executive Officer of Nandhivaram Panchayat videographed the entire area and submitted the Compact Disc (CD) to the Tribunal, to show that there is no pollution caused by the dumping of the waste material in the Radha Nagar Colony or the water body. There is no dispute...
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
1. This appeal is directed against an order dated 28.10.2010 made under Section 31 -A of Air (Prevention and Control of Pollution) Act 1981, (for short Air act ) whereunder the Unit of the Appellant was directed to be closed and further the electricity Board was directed to stop supply of electricity for certain violations under the said Act. Aggrieved thereby, the Appellant appears to have approached the Honble High Court of Madras in Writ Petition No. 2389 to 2408 of 2010. However, the said writ petition papers were directed to be returned to the Appellant to enable him to approach the Green Tribunal. 2. When the matter had come up for hearing on 14.2.2012, we entertained a doubt as to the maintainability of the application. The Learned Counsel for the Appellant sought adjournment till date. The Learned Counsel for the appellant vehemently submitted and argued that though the impugned order is passed under Section 31-A of the Air Act and an appeal is available under Section 31 of the...
Tag this Judgment!