Madras High Court
B.SUBHASHAN REDDY,D. MURUGESAN
Kaleeswari Metal Powder - Appellant
Versus
Commissioner, Panchayat Union, Sivakasi - Respondent
Decided On : 07/10/2002
Explosives Act - Factory Establishment - Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and Section 21 of the Air (Prevention and Control of Pollution) Act, 1974 - [Explosives Act, 1884, Section 25 of the Water Act, Section 21 of the Air Act] - The court considered the validity of the impugned order dated 10-8-94 and the ownership of the disputed lands. The court found that the impugned order temporarily suspending the license was not sustainable as it lacked specific violation of conditions and the source of power for suspension. The court also held that the ownership dispute over the lands cannot be adjudicated in writ proceedings and should be resolved in civil court.
Fact of the Case:
The case involved multiple writ petitions related to the establishment of a factory for manufacturing aluminium powder, including issues of licensing, pollution control, and land ownership disputes.
Finding of the Court:
The impugned order temporarily suspending the license was set aside, and the writ petition was allowed. The court dismissed other related writ petitions and directed parties to approach the civil court for resolving the land ownership dispute.
Issues: Validity of the impugned order and ownership of disputed lands.
Ratio Decidendi: The impugned order lacked specific violation of conditions and the source of power for suspension. The ownership dispute over the lands cannot be adjudicated in writ proceedings and should be resolved in civil court.
Final Decision: The impugned order was set aside, and the writ petition was allowed. Other related writ petitions were dismissed, and parties were directed to approach the civil court for resolving the land ownership dispute.
D. MURUGESAN, J. :- Since the issues involved in the above writ petitions are common, all the writ petitions are taken up together for disposal by this common order.
2. For better appreciation, the facts relating to W.P. No. 14431 of 1994 may be referred to first in this order. The petitioner is Sri Kaleeswari Metal Powder Private Limited represented by its Managing Director, Sivakasi. The petitioner is the owner of the lands comprised in S. Nos. 477/1 to 8, 479/1A, 1B and 2, 499, 500/2B1, 500/2B2, 500/5, 6, 8 and 9 at Injar Village,Virudhunagar. Before establishing the factory to manufacture aluminium powder at the above lands, the petitioner obtained permission from the first respondent panchayat on 6-6-91 for construction of factory buildings. Pursuant to the said permission, the petitioner completed the construction during February 1994. Before commencing the production, the petitioner applied for licence under the provisions of the Explosives Act, 1884 on 27-8-93. By a communication of the Deputy Controller of Explosives, who is empowered to grant licence under the said Act, dated 13-9-93, the petitioner was informed that no licence is required under the provisions of the Explosives Act to manufacture aluminium powder. However, as per the requirement of the Act, the petitioner should inform the Government of India, Ministry of Industry as to its manufacturing activities in aluminium powder. Accordingly, the petitioner intimated its activity to the Government of India and such intimation was acknowledged. In the meantime, the petitioner also obtained a consent from the Tamil Nadu Pollution Control Board by its proceedings dated 3-9-92 under the provisions of Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and under Section 21 of the Air (Prevention and Control of Pollution) Act, 1974 initially for a period up to 31-3-93 which was subsequently renewed for a further period up to 30-4-94. The petitioner also applied to the first respondent on 21-1-94 for issue of necessary licence for installation of machinery and also for running the factory. Though initially the said request was rejected by the first respondent on 25-1-94 quoting some pendency of writ petitions, later the licence was issued to the petitioner on 29-4-94 subject to the petitioner obtaining consent from the Tamil Nadu Pollution Control Board. On the strength of the said licence, the petitioner commenced its production on and from 23-6-94. The said licence has been cancelled by the impugned proceedings dated 10-8-94 without any notice. Hence, the petitioner has filed W.P. No. 14431 of 1994 seeking to quash the impugned order dated 10-8-94 and for a consequential direction to forbear the first respondent from in any manner interfering with the petitioner carrying on the manufacture of aluminium powder in its factory situate at Injar Village, Virudhunagar Taluk.
3. W.P. No. 19449 of 1993 has been filed by certain agriculturists of Injar and other villages seeking for a direction to the respondents 1 to 7 to cancel the licence granted in favour of Sri Kaleeswari Metal Powder Private Limited, who has been cited as eighth respondent in the writ petition. The said writ petition has been filed on the ground that the establishment of the factory is hazardous for human habitation and also injurious not only to human beings but also affect the soil, water, crops, plants and animals due to pollution of water and air.
4. W.P. No. 10671 of 1994 has been filed by one V. Ramasamy, questioning the proceedings of the Commissioner, Sivakasi Panchayat Union dated 10-6-94 communicated to one K. Sakthivel Thevar of Injar Naduvapatty Village informing him that since there was no interim order against M/s. Sri Kaleeswari Metal Powder Private Limited, it has been granted licence. This writ petition is also filed on the ground that if the licence is granted and the company starts its production, air and water in the area will be polluted.
5. W.P. No. 18997
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