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2008 Supreme(Mad) 3417

FAKKIR MOHAMED IBRAHIM KALIFULLA, ASOK KUMAR GANGULY
Chemplast Sanmar Limited – Appellant
Versus
The Appellate Authority & Others – Respondent


Advocates Appeared:
For the Petitioner:Habibullah Basha, Senior Counsel, C. Mani Shankar, Vijay Narayan, Senior Counsel, P. Vasudevan, Advocates.
For the Respondents:R1, R3, R. Ramanlal, Standing Counsel for TNPCB, R4, T. Mohan & D. Nagasaila Advocates.

Judgment :-

F.M. Ibrahim Kalifulla, J.

These two writ petitions have been filed challenging the common order of the first respondent dated 07.05.2008, passed in Appeal Nos. 26 and 27 of 2008.

2. The petitioner is stated to be engaged in the manufacture of PVC in Plant-II and Caustic Soda / Chlorochemicals in Plant-III. It is also stated to have Captive Power Generation capacity consisting of 7 Nos. of LSHS (Low Sulphur Heavy Stock) fired oil engines which has got combined generating capacity of 48.5 MW and those power generation units are stated to supply power and steam to the petitioners complex in Mettur Dam with which the plants at Mettur are being operated. The second respondent (hereinafter referred to as the ‘Pollution Control Board’) is stated to have granted consent to the petitioner under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as the Air Act), in its proceedings dated 111. 1998, for operating the industrial plant (Plant-III) and similar consent has also been issued under the Water (Prevention and Control of Pollution) Act, 1981 (hereinafter called as the ‘Water Act’) to the said plants.

3. It is stated that such con


















































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