Dismissed

Gunashekhar v. Tamil Nadu Pollution Control Board (Tnpcb) and Another

NGT6 Nov 2024Original Application No. 66/2024

Case brief

AI extract

What is this about?

The Tribunal examined an anonymous complaint alleging illegal plastic burning and unauthorised de-inking operations by a paper industry. Inspections by the Joint Committee and TNPCB found no evidence of these violations. The actual complaints related to sludge and plastic waste storage were resolved by the industry. The application was dismissed as frivolous.

What did the court decide?

The Original Application is dismissed with a cost of Rs.10,000/- payable by the applicant to the TNPCB. The TNPCB is directed to monitor compliance.

Gunashekhar vs Tamil Nadu Pollution Control Board (Tnpcb)… — Writ and Judicial Review | NGT (2024)

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Item No.2:-

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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Wednesday, the 06^th day of November 2024.

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(Through Video Conference)

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Original Application No.66 of 2024 (SZ)

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[Earlier O.A. No.757 of 2023 (PB)]

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IN THE MATTER OF

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Gunashekar
7, 16, Eveready Colony,
Raghavan Nagar,
Kodungaiyur, Chennai,
Tamil Nadu.
...Applicant(s)
Versus
1) Tamil Nadu Pollution Control Board
Rep. by its Member Secretary
No.76, Anna Salai, Guindy Industrial Estate,
Chennai – 600 032.
2) The District Collector
Tirunelvelli District,
Collectorate, Kokkirakulam,
Tirunelveli – 627 009.
...Respondent(s)
For Applicant(s): Mr. Gunashekar (None appeared)
For Respondent(s): Mr. S. Sai Sathya Jith, Adv. for R1.
Dr. D. Shanmuganathan, Adv. for R2.

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Judgment Reserved on: 23^rd October, 2024.

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CORAM :

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HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

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HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER

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Page 1 of 6

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J U D G E M E N T

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Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

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1. Based on the letter petition received on 10.07.2023 from the complainant, who remains anonymous, against the Project Proponent viz., M/s. Subam Papers Private Limited, the above Original Application has been Suo Motu registered by the Principal Bench of the National Green Tribunal, New Delhi as Original Application No.757 of 2023, which has been transferred to this Bench and renumbered as Original Application No.66 of 2024 (SZ).

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2. The Principal Bench of this Tribunal, based on the averments made in the complaint, constituted a Joint Committee to verify the factual position and suggest appropriate remedial action. Accordingly, the Joint Committee comprising representatives of the (i) Tamil Nadu Pollution Control Board (TNPCB), (ii) Central Pollution Control Board (CPCB) and (iii) District Collector – Tirunelveli District to look into the grievance of the applicant and verify the factual position to take appropriate remediation action.

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3. The Joint Committee had inspected the industry viz. M/s. Subam Papers Private Limited on 19.03.2024. The said industry is involved in the production of Kraft Paper and Packaging Board from waste paper. The industry is consented for the manufacturing of 9,000 TPM of Kraft Paper and Packaging Board and the consent is valid up to 31.03.2025. The Hazardous Waste Authorization also has its validity up to 31.03.2026. The industry is allowed for the generation of 300 KLD of effluent and the same shall be recycled back into the process after treatment. The industry has five boilers of various capacities using coal and agro-waste (saw dust, wood chips) as fuel. The industry has also obtained authorization for the generation, storage and disposal of hazardous waste like used or spent oil, chemical sludge from the waste water treatment, paper, paperboard and paper product wastes, provided they are not mixed with hazardous waste and scrap of paper or paperboard of other paper or paperboard, made mainly of bleached chemical pulp,

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Page 2 of 6

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not coloured in the mass. The plastic wastes segregated from mixed raw materials of imported/ local waste papers are being disposed to cement factories viz., M/s. Ultratech and M/s. Dalmia for co-incineration in the cement kiln. The industry has a valid agreement with the above-said two cement factories, which are valid as on date.

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4. Based on the complaint received directly from the complainant/applicant, the TNPCB inspected the premises on 18.07.2023 and 28.07.2023 and the following was observed:-

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No plastic wastes were found used as fuel in the boiler.

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The unit has not carried out any de-inking process as reported in the complaint.

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Also, there is a sister concern unit namely M/s. Subam Paper and Boards (P) Ltd. is under the establishment adjoining the unit, which was also inspected by the Assistant Environmental Engineer of this office on 09.08.2023 and found that the unit is yet to be commissioned. No bleaching process or de-inking process were carried out in this unit.

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5. After inspection, the letter sent by the TNPCB to the

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applicant was returned undelivered on 20.09.2023.

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6. The Joint Committee has observed that based on the inspection report of the TNPCB, no plastic waste was found used as fuel in the boiler. The generation of plastic waste is not a fixed quantity, as the same fluctuates depending on the quality of the waste paper obtained as raw material. Therefore, the committee could not conduct an exact mass balance in order to cross-verify and ensure that the plastic waste is utilized as raw material in the boiler.

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7. The complaint of the applicant is that the industry is illegally operating a de-inking plant without Environmental Clearance. It is observed by the Joint Committee that M/s. Subam Papers Private Limited is involved in the production of Kraft paper, in which the de-inking process is not involved. There is another neighbouring unit called M/s. Subam Paper and Boards Private Limited, which has obtained Consent to Establish from the TNPCB and the establishment is under progress and no machinery was erected for production yet. Normally, the deinking process is involved in the production of white/ writing

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Page 3 of 6

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paper, etc. Since the unit is involved only in the production of kraft paper and packaging board, the de-inking process is not carried out.

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8. The Joint Committee also observed the source emission and found that the treated effluent quality achieved is suitable for reuse in the process. Finally, the Joint Committee concluded and suggested as follows:-

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“i. The unit use Agro waste and coal as fuel in the boiler, no plastic waste usage as fuel is observed by the committee. According to industry records, segregated plastic wastes mixed in raw material such as imported or local waste papers are disposed of to cement factories like M/s. Ultratech and M/s. Dalmia for co-incineration in the cement kiln. However, the generation of plastic waste is not consistent; it varies depending on the quality of the waste paper used as raw material. This fluctuation in plastic waste generation presents a challenge for the committee tasked with conducting an accurate mass balance to verify the utilization of plastic waste as fuel in the boiler.

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ii. M/s. Subam Papers (P) Ltd. (Operational) and M/s. Subam Paper and Boards Private Limited (obtained CTE) are based on waste paper as raw material and does not involve in the process of de-inking process, so Environmental Clearance does not attract.

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iii. The unit shall remove the ETP sludge from the open land and provide appropriate/ adequate closed storage facility. iv. The unit shall ensure proper disposal of ETP sludge to sundry board paper industries as per consented condition and maintain proper records for generation storage and disposal.

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v. The plastic waste dumped shall be removed by the unit and dispose it to cement industry properly. Proper storage facility shall be provided by the unit.”

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9. An independent report dated 10.09.2024 was filed by the TNPCB, wherein it is stated that based on the complaint received by them on 10.07.2023 from the applicant, alleging combustion of plastic wastes in all of the four boilers instead of TNPCB approved fuels and illegal operation of de-inking plant without the Environmental Clearance, the unit was inspected on 18.07.2023 and 28.07.2023. The TNPCB has stated that the plastic waste segregated from mixed raw materials of imported/ local waste papers is being disposed to cement factories viz., M/s. Ultratech and M/s. Dalmia for co-incineration in the cement kiln, for which, the Project Proponent has got valid agreement as on date.

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Page 4 of 6

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10. The TNPCB has specifically observed that no plastic wastes were found to be used as fuel in the boilers, and the unit has not carried out any de-inking process as reported in the complaint. The TNPCB also found that there is a sister concern viz., M/s. Subam Paper and Boards Private Limited, which is an adjoining unit, but yet to be commenced. The said unit has a Consent to Establish, which is valid up to 31.03.2025. The TNPCB also taken samples of trade effluents from the ETP and source emission from the boiler, which was tested by Advanced Environmental Laboratory (AEL), TNPCB, Tirunelveli on 18.07.2024. The report of the stack emission monitoring survey conducted by the AEL, TNPCB on 19.03.2024 and the report of analysis of trade effluent samples collected at ETP inlet and outlet and analysed by AEL, TNPCB on 19.03.2024 are furnished in the report of the TNPCB. The TNPCB has found that trade effluent quality achieved is suitable for reusing in the process. The TNPCB also vide letter dated 29.04.2024 instructed the Project Proponent to carry out the corrective measures as suggested by the Joint Committee, which are as follows:-

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“a. The unit shall remove the ETP sludge from the open land and provide appropriate/adequate closed storage facility. b. The unit shall ensure proper disposal of ETP sludge to sundry board paper industries as per consent order condition and maintain proper records for generation, storage and disposal of ETP sludge.

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c. The plastic waste dumped shall be removed by the unit and dispose it to cement industry properly. Proper storage facility shall be provided by the unit.”

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11. In response to the above corrective measures, the unit sent a reply on 27.05.2024 stating that it has already carried out the improvement measures as suggested. Thereafter, the unit was inspected by the officials of the TNPCB on 03.06.2024 and it was observed that (i) ETP sludge and plastic waste spread on open land were removed, (ii) ETP sludge and plastic waste were stored in the storage shed, (iii) An agreement was executed with a Sundry Board industry viz., M/s. D.R. Paper and Boards, Tiruppur District and 1.475 Tonnes of ETP sludge was disposed of on 27.05.2024 and (iv) Plastic wastes were disposed it to M/s. Dalmia Cements (Bharat) Limited, Tiruchirapalli for co-processing.

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Page 5 of 6

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12. As the officials have already taken action, based on the complaint made by the anonymous applicant and the Joint Committee has also found that the unit is not involved in any deinking process and that it does not require Environmental Clearance, as the unit is dealing only with waste paper as raw materials.

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13. In such circumstances, we only direct the TNPCB to monitor the activities of the unit’s compliance with the suggestions made by the TNPCB in future and take appropriate action in case of any violation.

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14. It is not out of place to mention that this Original Application has been taken up Suo Motu by the Principal Bench of the National Green Tribunal, New Delhi based on the complaint received, though the complainant/applicant remains anonymous. Despite that fact, it was taken up considering the pollution alleged. It appears that the complaint may have stemmed from personal enmity on the part of the complainant. An attempt by the Registry to reach the complainant over the phone on the given number was unsuccessful, as it appears that the given phone number does not exist and the notice sent through the Tribunal to the address provided in the envelope was also returned as ‘No such person in the address’ .

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15. Accordingly, the Original Application [O.A. No.66 of 2024 (SZ)] is dismissed with a cost of Rs.10,000/- (Rupees Ten Thousand only) payable by the applicant to the TNPCB. The TNPCB is directed to recover the said amount from the applicant following due process of law.

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Sd/-

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Smt. Justice Pushpa Sathyanarayana, JM

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Sd/-

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Dr. Satyagopal Korlapati, EM

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Internet – Yes/No All India NGT Reporter – Yes/No

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O.A. No.66/2024 (SZ) 06^th November, 2024. Mn.

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Page 6 of 6

Gunashekhar v. Tamil Nadu Pollution Control Board (Tnpcb) and Another

Case brief

What is this about?

What did the court decide?

Gunashekhar v. Tamil Nadu Pollution Control Board (Tnpcb) and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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