Thirunelveli District. 4. M/s. Zion Iron Steel Works. Radhapuram Main Road. Karathinari. Represented by its Proprietor. Mr. C. Issac Arul Raj ... Resp...
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Application No. 41 OF 2013 (SZ)
IN THE MATTER OF:
Mr. L. Chelladurai Shanthi Illam No.8/249, Main Road Kavalkinaru Post Radhapuram Taluk Tirunelveli District -627 105
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Applicant(s)
...
Respondent(s)
AND
1.The District Environmental Engineer Tamil Nadu Pollution Control Board No.30/12, SIDCO Industrial Estate Pettai Thirunelveli District-627 010
2.The Bock Development Officer Valliyoor Panchayat Union Valliyoor Thirunelveli District 3.The Commissioner Valliyoor Panchayat Union Valliyoor Thirunelveli District 4. M/s. Zion Iron Steel Works Radhapuram Main Road Karathinari Represented by its Proprietor Mr. C. Issac Arul Raj
Counsel appearing for the Applicant:
M/s. RRB Associates
Counsel appearing for the Respondents
Mrs. H. Yasmeen Ali for R-1 M/s. M.K. Subramanian M.R. Gokul Krishnan for R-2 M/s. Abdul Saleem S. Saravanan Vidyalakshmi for R-3 Mr. Jai Ganesh Mr. R. Eswar for R-4
ORDER PRESENT:
HON’BLE SHRI JUSTICE M. CHOCKALINGAM, JUDICIAL MEMBER HON’BLE PROF. Dr. R. NAGENDRAN, EXPERT MEMBER ---------------------------------------------------------------------------------------------------------------Dated 4th December , 2014 ---------------------------------------------------------------------------------------------------------------The counsel for the applicant and the respondents 1 to 3 are present. The bailable warrant issued as against the 4th respondent is pending execution.
Pleaded case of the applicant in short
as putforth by the counsel for the
applicant this day is that the 4th respondent, M/s. Zion Iron Steel Works has been carrying on its operation without any permission, licence or Consent to Establish and Consent to Operate. The 4th respondent Unit has been causing pollution of all kinds, in particular high levels of noise. Despite a number of representations made, the authorities have not taken any action whatsoever.
Under the circumstances,
there arose a necessity to approach this Tribunal with this application. In answer, it
was submitted by the learned counsel for the 1st respondent that it is true that the 4th respondent has been carrying on the Unit without consent of the Tamil Nadu Pollution Control Board (Board) or any permission from the local bodies. Pursuant to several complaints given, a Show Cause Notice was given which is followed by a reply and in view of the fact that there was no Consent
whatsoever,
the
authorities of the Board sealed the Unit on 2.12.2014. An affidavit to that effect is also filed by the Assistant Engineer, Thirunelveli. The affidavit is recorded.
The only
grievance ventilated by the applicant herein is that the 4th respondent has been carrying on without any licence from the local bodies and also the Consent of the Board and has been causing lot of pollution in particular the noise pollution.
It is
brought to the notice of the Tribunal not only by submission by the counsel for the Board and for the local authorities, but also by an affidavit that the Unit has been sealed.
Under the circumstances, it would suffice to record the affidavit since
nothing further survives in the matter to pursue.
However, the 1 st respondent is
directed to monitor that the 4th respondent Unit shall not carry on any activities whatsoever without the necessary permission or licence,
as required by law.
Accordingly the application is disposed of. No cost.
