Applicant challenged the issuance of an Integrated Consent to Operate to a sweet unit. The National Green Tribunal Southern Zone directed the Kerala State Pollution Control Board to inspect the property and pass appropriate orders within four weeks.
Direction to inspect the unit and pass orders within four weeks after hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No.02:-
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI
Friday, the 09th day of August 2024.
(Through Video Conference)
Original Application No.232 of 2024 (SZ)
IN THE MATTER OF:
Jeevan George,
Aged 40 Years, Son Of George,
Kunnathuparambil House,
Vennoor, Annamanada.P.O.,
Thrissur District, Kerala 680741.
…Applicant(s)
Versus
1) Central Pollution Control Board, Regional Directorate, Represented by its Regional Director, Nisarga Bhavan, Thimmaiah Road, 2nd Main Rd, Shivanagar, Basaveshwar Nagar, Bengaluru- Karnataka-560 079.
3) New Illickal Sweets, Vennoor,
Annamanaada.P.O. Thrissur-680 741.
Represented by its Proprietor Biju Xavier.
...Respondent(s)
For Applicant(s): M/s. P.S. Sahasranaman, Sai Sathya Jith & MD. Arshadullah Sheriff.
For Respondent(s): Mrs. Nivedita S Menon represented Mrs. Rema Smirithi for Kerala State PCB.
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CORAM :
HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
1. The applicant complaining about the grant of consent which was issued on 09.10.2023 which is an Integrated Consent to Operate Renewal issued by the Kerala State Pollution Control Board (KSPCB) for the 3rd Respondent’s establishment who is dealing in baking and other eatables.
2. The complaint of the applicant is that originally the 3rd Respondent started as a snacks manufacturing unit and is now being converted into a food processing unit. The 3rd Respondent is said to have installed 08 Chimneys for the discharge of smoke, which creates pollution and affects the health of the people residing nearby. It is stated that he has also given a complaint on 27.02.2024 to the Kerala SPCB in this regard.
3. The main objection of the applicant is that the unit which was originally a ‘Green Category’ has now been converted into an ‘Orange Category’ and causing pollution in and around the area.
4. Admittedly, the 3rd Respondent had first obtained CTO on 04.10.2018, which was periodically renewed on 26.06.2021, 26.03.2023 and finally on 09.10.2023 it was issued with an Integrated Consent to Operate by the Kerala SPCB. None of these consent orders were challenged by the applicant.
5. However, today, the prayer sought for is to relocate the unit to a different site, as it is now coming under the ‘Orange Category’.
6. So, in this regard, we direct the Kerala SPCB which is the 2nd Respondent to inspect the property of the 3rd Respondent unit and ascertain the allegations made by the applicant and pass
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appropriate orders after affording an opportunity of a personal hearing to the applicant also. Let these exercise be completed within a period of 4 (Four) weeks.
7. With the above direction, the Original Application [O.A. No.232 of 2024(SZ)] is disposed of.
Sd/Smt. Justice Pushpa Sathyanarayana, JM
Sd/-
Dr. Satyagopal Korlapati, EM
O.A. No.232/2024(SZ) 09th August, 2024. AD.
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1 issue framed by the court
Whether Kerala State Pollution Control Board should relocate a unit upgraded from Green to Orange category causing pollution.
Jeevan George
Central Pollution Control Board
Kerala State Pollution Control Board
New Illickal Sweets
Pushpa Sathyanarayana
Satyagopal Korlapati
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
