The central legal point established is the applicability of G.O. (MS) No.51 dated 11.2.2004 in directing the formulation of schemes in consultation with the State Ground and Surface Water Resources Data Centre, and the requirement for consent under the Water and Air Acts.

S.J. Mukhopadhaya, J

This public interest litigation has been preferred by the Petitioner for direction on the respondents not to permit or to carry on 9th respondent industrial unit at S.F.No.664, Nadupalayam, Mettupalayam Post, Vellakoil Block, Kangeyam Taluk, Tiruppur District, in contravention of G.O. (MS) No.51 dated 11.2.2004 issued from Public Works Department of the State and without prior consent of the first and second respondent under 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, 1981.

2. The ninth respondent appeared, filed an affidavit and contested the case. According to the learned senior counsel appearing for the ninth respondent, the writ petition is pre-mature, as the ninth respondent industrial unit is yet to become functional and it is waiting for consent and operate order from the Tamil Nadu Pollution Control Board and the matter is pending consideration before the State authority. Further, according to him G.O. (MS) No.51 dated 11.2.2004 issued from Public Works Department is not applicable to the present case and no separate permission is required to be obtained from the Public Works Department of the State.

3. The learned counsel appearing for the Pollution Control Board submits that the ninth respondent has already applied for consent and the matter is under consideration of the Pollution Control Board and certain formalities are yet to be made by the ninth respondent. According to him, as per G.O. (MS) No.51 dated 11.2.2004, all the schemes should be formulated in consultation with the State Ground and Surface Water Resources Data Centre of Water Resources Organisation in public works Department and the Unit should obtain water clearance from Public Works Department prior to apply for consent to establish.

4. According to the learned Additional Government Pleader appearing on behalf of the State, the consent of Public Works Department is required as per G.O. (MS) No.51 dated 11.2.2004.

5. We have heard the learned counsel for the parties and perused the records.

6. It is not in dispute that the ninth respondent Unit has applied for consent and operate order, by application Form Nos.1 and 2 submitted on 9.6.2009 with the Tamil Nadu Pollution Control Board pursuant to the said letter, the Tamil Nadu Pollution Control Board has addressed the ninth respondent Unit to comply with certain formalities and to take steps for corrective measures for certain discrepancies, by letter No.DEE/TNPCE/PND/F.New/2009-1 dated 10.6.2009.

7. The ninth respondent Unit has also applied to Central Ground Water Authority, Government of India for permission with respect to withdrawl of ground water for the packaged drinking water unit at Village Mettupalayam, Block Vellkoil, Taluka Kangeyam, District Tirupur. The Central Ground Water Authority, by letter dated 6.7.2009, has granted permission, as the mentioned site falls in “Safe Category” area on ground water resource consideration. Such permission has been granted in the light of the Supreme Court decision in M.C.Mehta v. Union of India (1997 (11) SCC 312).

8. G.O. (MS) No.51 dated 11.2.2004 issued from Public Works Department has been brought on record. The same relates to estimation of ground water resources as per GEC Methodology 1997 and categorization of Panchayat Union Blocks as over exploited, Critical, Semi Critical and Safe for ground water development in Tamil Nadu. This will be evident from the said order as quoted here under:-

“ORDER:-

Based on the development of Ground Water Resources The Panchayat Union Blocks in Tamil Nadu were cate-gorized into Dark and grey areas in the G.O. first read above. The Blocks with more than 85% to 100% Ground water. Development were categorized as “Dark block” and the blocks with ground water development between 65% to 85% were categorized as “Grey Blocks”.

This categorization was done in accordance with the then prevailing G