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IN THE HIGH COURT OF JUDICATURE AT MADRAS
ANITA SUMANTH, MUMMINENI SUDHEER KUMAR
T.S.Sekar – Appellant
Versus
Chairman, Tamil Nadu Pollution Control Board – Respondent
ORDER :
Anita Sumanth, J.
In WP.No.32700 of 2022, the challenge is to an order of the National Green Tribunal, Southern Zone, Chennai (NGT/Tribunal) dated 28.11.2022. The petitioner had preferred an appeal before NGT against order dated 26.05.2022 passed by the Tamilnadu Pollution Control Board (Board). The appeal had been filed with a delay of 162 days. Since the NGT is vested with discretion to condone delay only upto a period of 30 days with a further period of 60 days, the Tribunal had dismissed the petition seeking condonation of 162 days and the appeal itself, even at the threshold. It is as against that order that the present writ petition has been filed.
2. Even before us, we find no justifiable reason put forth that would persuade us to condone the delay in approaching the NGT. The Supreme Court in the case of Glaxo Smithkline Pharmaceuticals Ltd. vs Union of India & Others ( AIR 2014 SC 410 ) has settled the position that this Court, even while exercising extraordinary jurisdiction under Article 226 of the Constitution of India, would bear in mind the cause for the delay and would entertain the writ petition only if sufficient cause had been made out. In the present case, no
Consent to establish environmental operations must be obtained per pollution control regulations; delays in legal appeals require justifiable reasons to be condoned.
The right to a clean environment is a fundamental right under Article 21 of the Constitution, and compliance with environmental regulations is mandatory to ensure public health and safety.
Poultry farming is classified as an agricultural activity exempt from planning permission under the Tamil Nadu Town and Country Planning Act.
The ruling affirms the necessity of legal licensing for poultry operations to prevent pollution, mandating prompt administrative action.
The court emphasized the importance of timely responses to applications for licenses by local authorities.
Environmental regulations necessitate effective enforcement to protect public health and mitigate pollution.
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