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2012 Supreme(Mad) 3695

ELIPE DHARMA RAO, R.SUBBIAH
Member Secretary, Tamil Nadu State Legal Services Authority, Madras – Appellant
Versus
State of Tamil Nadu, rep. by its Secretary Department of Environment & Chennai – Respondent


Advocates Appeared:
For the Petitioner:S. Arunachalam, Advocate.
For the Respondents: R1 - S.T.S. Murthy, Spl. G.P., R2 & R3 - T. Ravikumar, R4 - M. Vijayan, R5 - K. Harishankar, R6 -A.R. Ramanathan, R7 -Mrs. Chitra Sampath, R8 – Lakshminarayanan, R9 -A.L. Somayaji, S.C. for M/s. S. Rajesh Umamaheswari, R10 -M/s. S. Raghunathan & C.J. Shyamala, R11 - Mohan for M/s. King & Patridge, R12 - K. Gunasekar, ACGSC, R13 – Devraj, R14 to R16 - M/s. D. Nagasaila & Dr. V. Suresh, R17 to R19 - R. Krishnamurthy, S.C. for M/s. J. Narayanaswamy, R20 - V.T. Gopalan,
S.C. for, M/s. Aiyar & Dolia R21 & R23 - G. Masilamani, S.C. for M/s. G.M. Mani Associates, R22 - M/s. A.R. Ramanathan, Advocates.

Judgment :-

ELIPE DHARMA RAO, J.

The State Industries Promotion Corporation of Tamil Nadu Limited (SIPCOT) was established in the year 1971 to develop industrial growth in Tamil Nadu. To ensure a good impact with the available limited resources, SIPCOT has created Industrial Complexes and Parks, strategically located in Nineteen places and Twelve Districts in the State, including one at Cuddalore. Respondents 4 to 11 and 17 to 23 are some of such industrial units established in Cuddalore SIPCOT area at different points of time.

2. It is seen from the materials on record that the residents of the Cuddalore SIPCOT area themselves have formed SIPCOT Area Community Environmental Monitors (SACEM) and brought out several reports in respect of the pollution in SIPCOT area. One such report titled 'Gas Trouble' Air quality in SIPCOT, Cuddalore was published by 'The Hindu' on 21.9.2004, under the caption 'villages in Cuddalore industrial estate toxic hot spot' stating that twenty thousand residents of 10 villages and several hamlets around the over two decade old SIPCOT industrial estate near Cuddalore town are exposed to high levels of 22 Volatile Organic Compounds (VOCs) including eight can


































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