Dismissed

Sidhardhan v. State of Tamilnadu

NGT29 Mar 2022Original Application No. 237/2021

Case brief

AI extract

What is this about?

Environmental application seeking shutdown of a silver lamp unit in a residential area for alleged air and noise pollution. Tribunal relied on inspection reports and ambient quality tests showing no environmental violation, unit compliance with licenses, and absence of melting/furnace activities within the premises.

What did the court decide?

Application dismissed; costs of Rs.1,000 imposed on the applicant to be paid to each respondent.

Sidhardhan vs State of Tamilnadu — Environment and Pollution | NGT (2022)

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Item No.09:-

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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(Through Video Conference)

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Original Application No. 237 of 2021 (SZ)

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IN THE MATTER OF:

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Ko. Su. Mani Street Peoples, Rep. by B. Sidhardhan (M/29) S/o. Bhaskar No.135, Ko. Su. Mani Street, Periyar Nagar, Vyasarpadi Chennai – 600 039.

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...Applicant(s)

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Versus

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1) The Government of Tamil Nadu, Rep. by its Secretary to Govt, Department of Environment and Forest, Secretariat, Fort St. George, Chennai – 600 009.

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2) The Commissioner Greater Chennai Corporation Rippon Building, 1^st Floor, Raja Muthiah Road, Periyamedu, Chennai – 600 003.

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3) The District Environmental Engineer, Tamil Nadu Pollution Control Board, 950/1, P.H. Road, Arumbakkam, Chennai – 600 106.

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4) Zonal Health Officer, Zone – 4, Greater Chennai Corporation, No.266, T.H. Road, Tondayarpet, Chennai – 600 021.

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5) Assistant Revenue Office, Zone – 4. Greater Chennai Corporation, No.266, T.H. Road, Tondayarpet, Chennai – 600 021.

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6) Mr. Parthiban No.136, Ko. Su. Mani Street, Periyar Nagar, Vyasarpadi Chennai – 600 039.

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… Respondent(s)

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Page 1 of 14

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For Applicant(s) :

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Mr. K. Saranraj

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For Respondent(s): Dr. D. Shanmuganathan for R1. Mr. Sai Sathya Jith for R3. Mr. Sivakumar & Mr. V. Anil Kumar for R6.

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Date of Judgment: 29^th March 2022.

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CORAM :

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HON’BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER

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J U D G M E N T

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1. The grievance in this application is regarding the operation of the 6^th respondent M/s. Silver Melting Furnace factory in the residential area situated at No. 136, Ko. Su. Mani Street, Periyar Nagar, Vyasarpadi, Chennai - 600 039, without obtaining necessary permission from the authorities and also causing air as well as noise pollution.

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2. When the applicant made a request under the Right to Information (RTI) Act to the Greater Chennai Corporation, they have got a reply stating that they have not obtained permission from the Greater Chennai Corporation for this purpose. When a complaint was made to the Tamil Nadu Pollution Control Board (TNPCB), they have directed the applicant to approach the Greater Chennai Corporation to redress their grievance.

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3. Since, no action was taken by the authorities, the applicant has no other remedy, except to approach this Tribunal seeking the following reliefs:-

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―(i) Direct the 6^th respondent to shut down the silver

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factory situated No. 136, Ko. Su. Mani Street, Periyar Nagar,

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Page 2 of 14

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Vyasarpadi, Chennai 600 039 in the residential area and to relocate to some other industrial area and thus render justice.

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(ii) Grant an order of permanent injunction restraining the 6^th respondent, their men, agents, servants, subordinates or anybody from running the silver factory situated No. 136, Ko. Su. Mani Street, Periyar Nagar, Vyasarpadi, Chennai 600 039 in the residential area and in surrounding areas.

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(iii) Award costs incurred for this litigation.

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4. As per order dated 29.11.2021, since this Tribunal had satisfied that there arises a substantial question of environment, admitted the matter and appointed a Joint Committee comprising of (i) a Senior Officer from the Greater Chennai Corporation (GCC) as deputed by the Commissioner and (ii) the District Environmental Engineer - Tamil Nadu Pollution Control Board (TNPCB) of the respective area to inspect the area in question and submit a factual as well as action taken report, if there was any violation found. The Joint Committee was also directed to ascertain

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as to:

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i) Whether the 6^th respondent is having necessary permission/consent from the concerned authorities

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under the Municipal laws as well as under the environmental laws

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ii) Whether any pollution of air, water and noise pollution is being caused on account of the operation of the 6^th respondent unit as alleged

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iii) Whether the pollution control mechanism provided are sufficient to mitigate the circumstances, if not, what is the nature of further steps to be taken by them to mitigate the same

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Page 3 of 14

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iv) Whether such an activity is permissible in the residential area, if not, what is the nature of action taken by them for running such unit in that area,

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v) If there is any violation as well as damage has been caused to the environment, then the Joint Committee was directed to assess the environmental damage and compensation as directed to be assessed by this Tribunal, in the cases of violations of environmental laws.

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5. The District Environmental Engineer (DEE), Chennai was designated as the nodal officer for co-ordination and also for providing necessary logistics for this purpose and the case was originally posted to 20.12.2021 for appearance of parties, filing their independent response and also for consideration of report.

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6. Thereafter, the matter was taken up on 03.02.2022 and on that date, this Tribunal had considered the report submitted by the Tamil Nadu Pollution Control Board signed by the officer on 25.01.2022, e-filed on 27.01.2022 and extracted in Para (4) of the order which reads as follows:-

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“REPORT FILED ON BEHALF OF THE RESPONDENTS TAMIL NADU POLLUTION CONTRO BOARD.

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I, R. Rajamanickam, Son of P.M Ramasamy Hindu, aged about 57 years, having office at No.76, Mount Salai, Guindy, Chennai-600 032, do hereby solemnly affirm and sincerely state as follows:

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1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution

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Control Board, Chennai – 600 032 and filing this report on behalf of the respondent, Tamil Nadu Pollution Control Board and as such I am well acquainted with the facts of the case from the records.

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2. It is respectfully submitted that the Hon'ble National Green Tribunal (Southern Zone), Chennai in its order dated 29.11.2021 directed inter alia as follows:

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―Para 06: We feel it appropriate to appoint a joint committee consisting of 1) a Senior officer from Greater Chennai Corporation(GCC) as deputed by the Commissioner, and 2) District Environmental Engineer, Tamil Nadu Pollution Control Board (TNPCB) of the respective area to inspect the area in question and submit a factual as well as action taken report, if there is any violation found.

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Para 07:The Committee is directed to ascertain as to Whether the 6th respondent is having necessary permission/consent from the concerned authorities under the Municipal laws as well as under the environmental laws. Whether any pollution of air, water, and noise pollution is being caused on account of the operation of the 6th respondent unit as alleged. Whether the pollution control mechanism provided are sufficient to mitigate the circumstances, if not, what is the nature of steps to be taken by them to mitigate the same, Whether such an activity is permissible in the residential area, if not, what is the nature of action taken by them for running such unit in that area.

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If there is any violation as well as damage has been caused to the environment, then the committee is directed to assess the environmental damage and the compensation as directed to be assessed by this Tribunal in cases of environmental laws.

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Para 08: The District Environmental Engineer (DEE), Chennai will be the nodal officer for co-ordination and for providing necessary logistics for this purpose.

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3. It is respectfully submitted that, in order to comply the Hon'ble NGT Order dated: 29.11.2021 a letter was addressed to the Commissioner, Greater Chennai Corporation to nominate a Senior Officer as member of the Joint Committee for and on behalf of Greater Chennai Corporation Chennai to make inspection and to submit report to the Hon’ble NGT (SZ), Chennai.

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4. It is respectfully submitted that, the unit of M/s. Sri Amman Silver Works, located at No 136, Ko.Su. Mani Street, Periyar Nagar, Vyasarpadi, Chennai 600039 was inspected by the TNPCB officials on 03/01/2022 and the followings were observed;

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i. During inspection, the unit was under operation. The unit is surrounded by residents in the eastern, western, northern and southern side. Toposketch showing the location of the unit is enclosed in Annexure-l.

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ii. The unit is employing seven number of workers/day and carrying out work in the day time only.

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iii. The unit of M/s. Sri Amman Silver Works., is making silver lamps (Silver Kuthuvilakku) by processing the outsourced silver sheet rolls by cutting, shaping and designing through job works in lathes followed by gas welding. Polishing has not been carried out in the premises. The designed lamps

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were being sent to the jewellery making units for further polishing and for sale. Silver melting is not carried out by the unit. The photos are enclosed in Annexure-II.

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iv. The unit has obtained license from Greater Chennai Corporation under section 287 of CCMS Act 1919 valid up to 31/03/2022 in the trade name of M/s. Amman Silver Works. The copy of the license obtained from Greater Chennai Corporation is enclosed in Annexure-III.

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v. The unit has obtained license from the Department of Fire and Rescue Services under Tamil Nadu Fire Service Act 1985. The Copy of license obtained from the Department of Fire and Rescue Services is enclosed in Annexure-IV)

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vi. During inspection, no obnoxious smoke / emission or noises were observed.

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vii. The sewage generated from the unit is disposed through CMWSSB sewer line.

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viii. No trade effluent generation from the unit.

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5. It is respectfully submitted that, as per the B.P No.6 dated: 02.08.2016 -Re categorization of industries, the unit's activity does not come under the purview of the consent of the Board.

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Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) may be pleased to pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstance of this case and thus render justice. ―

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7. After considering the above report, this Tribunal had passed the

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following order:-

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―5. Though it was mentioned in the report that during inspection no obnoxious smoke / emission or noises were observed, they have not conducted the Ambient Air Quality test or Noise Level test, as the main allegation by the applicant was that on account of the operation of the 6^th Respondent unit, noise as well as air pollution are being caused.

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6. When this was pointed out, the learned counsel appearing for the Tamil Nadu Pollution Control Board submitted that they will conduct these tests as well and produce the analysis report when they are filing the Joint Committee report before this Tribunal.

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7. The learned counsel appearing for the Greater Chennai Corporation wanted some time to file the Joint Committee report as well as independent response.

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8. Considering the circumstances, we feel that some time can be granted to them to the file their respective reports.

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9. The Joint Committee, Tamil Nadu Pollution Control Board and the respondents are directed to file the Joint Committee report, Analysis Report and

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independent response respectively to this Tribunal on or before 28.02.2022 by e- filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.

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10. The Registry is directed to communicate this order to the members of the Joint Committee and also to the official respondents by e-mail for their information and compliance of directions.‖

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8. The case was posted to 28.02.2022 for completion of pleadings and consideration of report. On 28.02.2022, this Tribunal had considered the order passed on 03.02.2022, extracted in Para (1) of the order and also considered the status report submitted by the Greater Chennai Corporation dated 03.02.2022, e-filed on the same date, extracted in Para

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(3) of the order which reads as follows:-

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“STATUS REPORT BY GREATER CHENNAI

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CORPORATION IN O.A. No. 237 OF 2021

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I Dr.V.Saisudha w/o Dr. G.S. Vijayachandar, Hindu, age about 50 years, Zone - IV, Greater Chennai Corporation having office at No.266, T.H Road, Old Washermenpet, Chennai - 21, do hereby solemnly affirm and sincerely submit as follows.

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1. I am working as the Zonal Health Officer in the Greater Chennai Corporation and hence I am well acquainted with the facts and circumstances of the case and I am filing this affidavit on behalf of the Commissioner, Greater Chennai Corporation.

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2. I respectfully submit that Ko. Su.Mani Street Peoples represented by Mr. B. Sidhardhan residing at Periyar Nagar, Vysarpadi, Chennai - 600 039, filed the above application before the National Green Tribunal in. O.A No. 237 of 2021 with the prayer directing the 6^th Respondent to shut down the Silver factory situated at No. 136, Ko.Su.Mani Street, Periyar Nagar, Vysarpadi, Chennai 600 039 in the residential area and to relocate to some other industrial area and thus render justice.

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3. I respectfully submit that, the Hon'ble National Green Tribunal passed an order dated 29,11.2021 in O.A. No. 237 of 2021 in, filed by Mr. B. Sidhardhan as follows: -

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7. The Committee is directed to ascertain as to:

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i. Whether the 6^th respondent is having necessary permission/consent

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from the concerned authorities under the Municipal laws as well as under the environmental laws

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Page 7 of 14

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ii. Whether any pollution of air, water and noise pollution is being caused on account of the operation of the 6^th respondent unit as alleged

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iii. Whether the pollution control mechanism provided are sufficient to mitigate the circumstances, if not, what is the nature of further steps to be taken by them to mitigate the same

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iv. Whether such an activity is permissible in the residential area, if not, what is the nature of action taken by them for running such unit in that area,

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v. If there is any violation as well as damage has been caused to the environment, then the Joint Committee is directed to assess the environmental damage and compensation as directed to be assessed by this Tribunal, in the cases of violations of environmental laws.

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4. I respectfully submit that as per the directions of this Hon'ble Tribunal in O.A. 237 of 2021 dated 29.11.2021, the officials of the Greater Chennai Corporation have inspected the Silver Factory owned by Mr. Parthiban located at No. 136, Ko.Su.Mani Street, Periyar Nagar, Vysarpadi, Chennai - 600 039. I further submit that the factory is using a minimum level of permitted Horse Power as 3.5HP dividing it into three motors which are used to polish the Silver lamps. The factory owner has obtained a license bearing No. 04-044-02346/2021-22 dated 04.01.2021 that is valid till 31st March, 2021 and later on renewed up to 31st March, 2022 in the name of M/s. Amman Silver works by the Greater Chennai Corporation and the said factory is a licensed one.

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5. I respectfully submit that during the inspection of the factory, there was no silver melting furnace found and there was no evidence for melting the silver. I state that there was no presence of hot boilers and no silver materials are melted. Only the works of pressing the silver plate into shapes for lamp by manual method and many shapes are pasted to make a lamp and the parts of the lamp are polished by using grinding machines before pasting the parts one to one to make a lamp.

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6. I respectfully submit that no melting and heating process were taken up in that factory, which proves that there is no possibility for huge flames and fumes to be produced. I further submit that the process of hitting the silver materials to shine and shape with the help of small wooden and steel hammers is taking place and the building of the factory is sealed with sound proof materials to avoid noise pollution.

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7. I respectfully submit that the factory is running only in the day time and the owner or the 1actory has obtained necessary trade license and periodically paying the property tax to the Greater Chennai Corporation. I further submit that the Greater Chennai Corporation in its Va.No.Na. Ka. No. Tho.O/G3/03772/2019 dated 17.07.2019 has provided consent to issue trade license to Silver works proceeding order No. and Refinery.

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It is therefore respectfully prayed that this Hon'ble Court to be pleased to pass such other further order or orders as this Hon 'ble Court may deem fit and proper in the Circumstances of the case.‖

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9. It is seen from the status report submitted by the Greater Chennai Corporation that there was no furnace provided and there was no activity of melting happening in the unit. There was no possibility of huge fumes being produced, as alleged by the applicant.

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10. It was also mentioned in the status report submitted by the Greater Chennai Corporation that sufficient noise protecting mechanism has been provided and the 6^th Respondent had obtained all necessary permissions from the Greater Chennai Corporation for running the unit.

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11. After considering the above report submitted by the Greater Chennai Corporation, this Tribunal had directed the Joint Committee to file a report as directed and posted the case to today (i.e. 29.03.2022) for that purpose.

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12. The Joint Committee has filed a report in tune with the directions issued by this Tribunal signed by the officers on 24.03.2022 & 25.03.2022 respectively, e-filed on 25.03.2022 which reads as follows:-

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― THE UNIT OF M/S. SRI AMMAN SILVER WORKS- SILVER

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LAMP UNIT LOCATED AT NO 136, KO.SU.MANI STREET, PERIYAR NAGAR, VYASARPADI, CHENNAI —JOINT COMMITTEE REPORT SUBMITTED AS PER THE ORDER OF THE HON'BLE NGT (SZ) IN O.A.NO.237 OF 2021 (SZ) ORDER DATED 29/11/2021 & 28/02/2022.

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It is respectfully submitted that the Ko.Su.Mani street Peoples represented by Mr.B.Sidhardhan residing at Periyar Nagar, Vyasarpadi, Chennai 600039 filled the application before the Hon'ble NGT

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(SZ) in O.A.No.237 of 2021 with the prayer directing the 6^1h respondent to shut down the Silver factory situated at No 136, Ko.Su.Mani Street, Periyar Nagar, Vysarpadi, Chennai 600039 in the residential area and to relocate to some other industrial area and thus render, justice.

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It is respectfully submitted that the Hon'ble NGT (SZ), Chennai vide OA No 237 of 2021 order dated 29/11/2021 has directed to appoint the Joint Committee comprising of 1) a Senior Officer from Greater Chennai Corporation (GCC) as Deputed by the Commissioner and 2) District Environmental Engineer, TNPCB of the respective area to inspect the area in question and submit a factual as well as action taken report if there is any violation found and directed the Committee to ascertain as to whether

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(i) The 6^th respondent is having the necessary permission/consent from the concerned authorities under the Municipal Laws as well as under the environmental Laws,

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(ii) Any pollution of air, water and noise pollution is being caused on account of the operation of the 6^th respondent unit as alleged,

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(iii) The pollution control mechanism provided are sufficient to mitigate the circumstances if not, what is the nature of further steps to be taken by them to mitigate the same.

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(iv) Such an activity is permissible in the residential area if not, what is the nature of action taken by them for running such unit in that area

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(v) If there is any violation as well as damage has been caused to the environment, then the committee is also directed to assess the environmental damage and the compensation as directed to be assessed by this Tribunal in the cases of violation of environmental laws.

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Further, it is submitted that the Hon'ble NUT (SZ), Chennai vide OA No 237 of 2021 order dated 28/02/2022 has directed the Joint Committee as well as Pollution Control Board to file the respective reports to tribunal on or before 25.03.2022.

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In this connection, it is respectfully submitted that the official of the Greater Chennai Corporation nominated by the Zonal Health officer, Zone-4 of Greater Chennai Corporation and the District Environmental Engineer, TNPCB, Arumbakkam, Chennai inspected the unit owned by Mr.Parthiban located at No 136, Ko.Su.Mani Street, Periyar Nagar, Vysarpadi, Chennai 600039 on 18.03.2022 and observed the followings;

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1. During inspection, the unit was under operation.

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2. The unit of M/s. Sri Amman Silver Works., is making Silver

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lamps (Silver Kuthuvilakku) by processing the outsourced silver sheet rolls by

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Page 10 of 14

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cutting, shaping and designing through Job works in lathes followed by gas welding. Polishing has not been carried out in the premises. The designed lamps were being sent to the Jewelry making units for further polishing and for sale. Silver melting is not carried out by the unit.

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3. The sewage generated from the unit is disposed through CMWSSB sewer line.

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4. No trade effluent generation from the unit.

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5. During inspection, no obnoxious smoke / emission or noises were observed.

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6. The unit has obtained license of Greater Chennai Corporation under section 287 of CCM6 Act 1919 bearing license No 04-04402346/2021-22 dated 04.01.2021 valid up to 31.03.2021 and subsequently renewed up to 31.03.2022 in the Trade name of Amman Silver Works.

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7. The unit has obtained license from the department of Fire and Rescue Services under Tamil Nadu Fire Service Act 1985

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8. The unit is surrounded by residents in the eastern, western, northern and southern side.

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9. The unit is employing 7 number of workers/day and carrying out work in the day time only.

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10. As per the B.P. No. 6 dated 02.08.2016 — Re categorization of Industries, the unit's activity does not comes under the purview of consent of the Tamil Nadu Pollution Control Board.

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Further, it is submitted that in view of the order of the Hon'ble NGT (SZ), Chennai in OA No 237 of 2021 order dated 29/11/2021 & '28/02/2022, it is submitted that the Ambient Air Quality Survey (AAQ) and the Ambient Noise level survey (ANL) were conducted in the unit premises and the complainant house on 18.03.2022 during the day time by District Environmental Laboratory, Tamil Nadu Pollution Control Board, Manali.

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It is respectfully submitted that the result of analysis of ambient air quality survey conducted in the front side of the unit area and the back side of the complainant house revealed that all the analysed parameters are within the NAAQ standards prescribed and the result of analysis of ambient Noise level survey conducted in the vicinity of the unit revealed that the noise level (Lee) was within the Standards prescribed by the Board.

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13. The learned counsel appearing for the applicant submitted that though the committee report shows that there was no noise as well as air pollution, residents in the locality are suffering from noise as well as air

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pollution and the activity of the 6^th Respondent has to be restricted.

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Page 12 of 14

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14. On the other hand, the learned counsel appearing for the other official respondents submitted that it is a fit case where exemplary cost will have to be imposed, as in spite of the fact that the authorities have mentioned that there was no violation, the applicant insisted for further investigation.

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15. The 6^th Respondent has not filed any independent statement, though the learned counsel appearing for the 6^th Respondent argued by relying on the observations made by the Joint Committee in support of their case.

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16. Considered the pleadings, submissions made by the learned counsel appearing for the parties and also perused the documents available on record.

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17. The grievance in this application was that the 6^th Respondent was conducting a furnace industry for making silver articles by using huge furnace, causing air and sound pollution and according to the applicant, it is not a permissible activity within the residential zone and he is running the unit without obtaining necessary permission etc.

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18. The report of the State Pollution Control Board shows that it is not a category which requires any consent mechanism and prima facie, there was no violation committed by the 6^th Respondent in carrying out his activities.

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19. The Greater Chennai Corporation also filed a detailed status report stating that the 6^th Respondent has obtained necessary permissions and also paid the tax for conducting this unit in the disputed premises. During inspection, they also found that there was no furnace provided

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and there was no process of melting happening in that unit and there was no possibility of any fumes emission, on account of the operation of the unit.

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20. They also mentioned that necessary sound protection mechanism has been provided by the 6^th Respondent to avoid sound pollution being caused while making the silver lamps.

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21. As directed by this Tribunal, subsequently, the Joint Committee has filed the report after conducting the Ambient Air Quality and Noise Level test and the report shows that both Ambient Air Quality and Noise Level are within the permissible limit.

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22. So under such circumstances, we feel that there is no merit in the application and there is no further direction required in this regard and we do not find any reason to disallow the cost of the application to the contesting respondents.

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23. So, the Original Application is dismissed with cost of Rs.1,000/- (Rupees

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One Thousand only) to be paid by the applicant to the each respondents.

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24. With the above observations and directions, this Original Application is

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disposed of.

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Sd/Justice K. Ramakrishnan, JM

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Sd/-

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Dr. Satyagopal Korlapati, EM

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O. A. No.237/2021 (SZ) 29^th March 2022. Mn.

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Page 14 of 14

Sidhardhan v. State of Tamilnadu

Case brief

What is this about?

What did the court decide?

Sidhardhan v. State of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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