BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI
Application No. 424 of 2013 (SZ)
IN THE MATTER OF:
Mr. V. Chandirasekar Son of Varadaraj President Bangaruvoikkal Neerathar Kootamaippu No.64, East Street Bahour Puducherry-607402 Applicant(s)
...
AND
1.The Union of India Represented by its Secretary Science, Technology and Environment Department
Secretariat Pondicherry
2. Puducherry Pollution Control Committee Science, Technology & Enivironment Department 3rd Floor, Housing Board Complex Anna Nagar Pondicherry
3. The Member Secretary Ground Water Unit Puducherry
4. The District Collector O/o. The District Collector Puducherry
5.Director Department of Industries & Commerce Puducherry
6. The Chief Town Planner Department of Town & Country Planning Puducherry
7. The Commissioner Bahour Commune Panchayat Bahour Puducherry
8. The Chief Engineer Public Works Department Puducherry.
9. The Director Department of Electricity Puducherry
10. The Deputy Conservator Department of Forests & Wildlife Puducherry.
11.The Member Secretary
State Ground Water Authority Puducherry
12. M/s. Tigon Steels (P) Ltd Pirivupalayam Seliayamedu Village Bahour Commune Puducherry. .. Respondent(s)
.
Counsel appearing for the Applicant:
M/s. T. Muthukrishnan
Counsel appearing for the Respondents:
Mr. K.R. Harin for R-1 to 11
ORDER PRESENT:
HON’BLE SHRI JUSTICE M. CHOCKALINGAM, JUDICIAL MEMBER
HON’BLE PROF. Dr. R. NAGENDRAN, EXPERT MEMBER -----------------------------------------------------------------------------------------------------------Dated 28th January, 2015
The counsel for the parties are present.
The applicant herein has
sought for a direction to the respondents to pass appropriate orders to cancel / withdraw all licence/permission/clearance and consequently issue appropriate direction to the respondents
1 to 11
to stop the commencement of 12th
respondent’s steel plant at Seliayamedu Village, Bahour Commune, Puducherry, Pirivupalayam.
The fact of the case in short is that the applicant is the President of “Bangaru Vaickal Neeradhara Koottamaippu.
The applicant
conducted
several awareness meetings, procession and demonstrations for the sake of protecting water bodies, irrigation and agriculture in and around Pondicherry. The application is filed in the interest of public
since there is a danger to the
environment and to the health of the people because of the proposed steel industry by
M/s. Tigon Steels (P) Ltd , the 12 th respondent herein.
The
12th respondent industry has suppressed important information regarding the
features existing within the 20 km radius of the proposed Unit.
The Bahour
tank which is a bird sanctuary is situate
presence of
within 1.5 km. The
innumerous nullahs, streams and rivers are also suppressed.. The Steel products proposed to be produced are MS Rod, MS Bar, MS chain, MS angle, MS Flat 100 TPD by melting waste/scrap iron in electrical inductor furnace and produce 2000 MT per month of steel ingots and steel Billet.
The applicant would submit
that the emission from the furnace would get mixed in the air, water resources and is deposited in the fertile lands resulting in severe health hazards and make the soil unfit for agriculture.
The applicant would further submit the No Objection Certificate issued by the Puducherry Pollution Control Committee clearly states in Item No.3 under “Specific Conditions” that the project proponent shall shift the unit to a new location, if any public complaint is raised against the Unit.
He further added
that Public Works Department has also given permission to construct a culvert across the
Kudiyiruppupalayam Irrigation tank which is
unheard
The applicant further submits that the Agriculture Department
so far.
and the State
Ground Water Authority who have to preserve the agriculture and ground water resources
have issued
land conversion certificate to the proposed 12 th
respondent industry which is rice bowl of Puducherry. The departments who issue the licence have not taken care of the water bodies, historical monuments, residential areas, schools etc. before issuing the NOC.
It is submitted by the counsel for the respondents 1 to 11 that the Consent to Establish dated 28.2.2012 granted in favour of the 12 th respondent was only for a period of two years and it came to an end on 27.2.2014 and apart from that the 12th respondent is not carrying on any constructional activities. Under the circumstances got to be disposed of.
nothing survives in this application and hence it has The matter was adjourned for a few hearings on the
request of the counsel for the applicant to get necessary instructions from his client. It is fairly conceded
by the applicant that as on today the constructional
activities are not being carried on by the 12th respondent. A perusal of the Consent order to Establish the Unit shown as
given by the Pollution Control Committee
2nd respondent to the 12th respondent would indicate that it was
for the period
of two years commencing from 28.2.2012 and thus it came to
an end 27.2.2014. From the above ,it would be clear that the relief now sought for does not require further consideration by the Tribunal and hence recording the above, the application has got to be disposed of. Accordingly the application is disposed of. No cost.
Justice M. Chockalingam Judicial Member
Prof. Dr. R. Nagendran Expert Member
