BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI
Application No.170 of 2014 (SZ)
IN THE MATTER OF:
1.Shri A. Balakrishnan Son of Chathu, “Vaisakh” Koorkanparamba P.O. Calicut University Malappuram District-673635. 2. Shri T.V. Sreedharan Son of Kandakutty Koorkanparambil House Kakkaanchery P.O. Calicut University Malappuram-673635.
...
AND
1.The Secretary to the Government of Kerala Industries Department Thiruvananthapuram—695 001.
2. The Member Secretary Kerala State Pollution Control Board Pattom Post P.O. Thiruananthapuram-695004
3. The Chairman Kerala State Pollution Control Board Head Office, Pqattom Thiruvananthapuram-695004
Applicant(s)
4. The Environmental Engineer Kerala State Pollution Control Board District Office, 19/269-A, Kunnummal P.O. Mallappuram P.O.
5. The Senior Environmental Engineer Kerala State Pollution Control Board Regional Office Zamorin’s Squire Link Road Kozhikode District. 6. The Manager Kerala Industrial Infrastructure Development Corporation KINFRA House Sasthamangalam P.O. Thiruvananthapuram-695010 7. The Managing Director Malabar Gold Pvt.Ltd No.1/2299. 3rd Floor, Malabar Gate Ram Mohan Road Kozhikode
Counsel appearing for the Applicant: Mr. Harish Vasudevan Mr. Rajan Vishnuraj
Counsel appearing for the Respondents: Mrs. Suvthia A.S. for R-1 Mrs. Rema Smrithi for R-2 to R-5 M/s. King & Partridge for R-6 Mr. Sudhakar Mr. Viswanathan for R-7
...
Respondent(s)
ORDER PRESENT: HON’BLE SHRI JUSTICE M. CHOCKALINGAM, JUDICIAL MEMBER HON’BLE PROF. Dr. R. NAGENDRAN, EXPERT MEMBER ---------------------------------------------------------------------------------------------------------------Dated 9th January, 2015 ---------------------------------------------------------------------------------------------------------------Heard the counsel for applicants. The applicants herein have brought forth this application to restrain the Kerala State Pollution Control Board (Board) from granting any
Consent to Establish
for the 7th respondent
for establishing the
industry in question which is graded “Red Category” under the provisions of Water (Prevention and Control of Pollution) Act and
Air (Prevention and Control of
Pollution) Act and demolish the illegal construction done by the 7 th Respondent. On notice the counsel for the respondents entered appearance. The case of the applicant is that the 7th respondent was proceeding with the construction illegally since it was being done without obtaining any permission either from the local authorities or Consent to Establish from the Board as required in law. A specific defence of the 7th respondent against whom the allegations were made was that the construction was being proceeded with on the strength of the clearance given by the 6th respondent dated 25.9.2013.
It was brought to the notice of the
Tribunal that the application made by the 7th respondent seeking Consent to Establish was pending in the hands of the Board for a long time. On verification, the statement was found to be correct. Under the circumstances, the Tribunal thought it fit and proper to issue direction to the Kerala Pollution Control Board (Board) a party respondent herein to consider the application of the 7th respondent for Consent to Establish on merits in accordance with law within a period of one month from the date
of the order namely 7.11.2014.
Now it is reported by the Counsel for the Board that
the application of the 7th respondent was considered and Consent to Establish the industry has been given by an order dated 7th January, 2015 a copy of which is placed for perusal. A perusal of the said Consent order is Consent to Establish would make it evident that the Consent was given attached with a number of conditions found therein. Since the Consent to Establish has been granted as found therein there cannot be any impediment for the 7 th respondent in establishing the industry subject to the compliance of the conditions found therein. While doing so,
if there
are any violation or non observations of the conditions found therein, there is no impediment for the Board to take necessary action in that regard. It is also further clear that if
the authorities of the Board on inspection
on the strength of the
compliance if the Pollution Control Board is not satisfied with the conditions attached to Consent to Establish,
Consent to Operate would not follow.
Hence, at this
juncture, recording the statement made by the counsel for the Board and also the fact of issuance of the Consent to Establish, the application has got to be disposed of. If there is any violation of the conditions found therein, there is no impediment for the applicant to approach the appropriate forum to ventilate his grievance for necessary redressal.
Accordingly, the application is disposed of.
No cost.
Justice M. Chockalingam Judicial Member
Prof. Dr. R. Nagendran Expert Member
