Consent to establish environmental operations must be obtained per pollution control regulations; delays in legal appeals require justifiable reasons to be condoned.

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 such justifiable explanation has been provided. Hence, we are not inclined to intervene in the order of the NGT and dismiss WP.No.32700 of 2022.

3.In WP.No.32698 of 2022, the petitioner has challenged the order of the Board dated 26.05.2022 directing closure of the poultry farm run by the petitioner and also the disconnection of electricity connection to the farm.

4. This writ petition (WP.No.32698 of 2022) is not even maintainable as the impugned order was the subject matter of appeal before the NGT which has dismissed those appeals on the ground of bar of limitation. Hence, it is unnecessary for us to even proceed to hear the matter.

5. However, both Mrs.Rita Chandrasekar, learned counsel for the petitioner and Mr.B.N.Suchindran, learned Standing Counsel for the Tamil Nadu Pollution Control Board would request some directions on merits, seeing as the matter involves the interest of 40,000 (approx.) birds that are presently housed in the poultry farm being run by the petitioner.

6. The petitioner in question has been operating a poultry farm in Navani Village, Puthuchathiram Union, Namakkal District without any consent having been obtained from the Board, which is a mandatory pre-requisite for the establishment of the same.

7.It is not in dispute that the poultry farm had been set up some time in early 2022. Proceedings had been initiated by the Board by issue of a show cause notice on 08.02.2022 seeking an explanation for having established the poultry farm without obtaining Consent to Establish (CTE) from the Board.

8.An application came to be filed only thereafter, on 18.02.2022 and since the application had been filed manually/offline, the Board intimated the petitioner that the application for consent ought to have been filed online, by following proper procedure. The petitioner was also cautioned not to continue with the construction of the poultry farm without obtaining consent of the Board.

9.The counter filed by the Board reveals that the petitioner, in recognition of the position that the poultry farm was being run even without obtaining CTE, had assured the Board that the construction work would not be continued, and would be kept in abeyance till such time consent was obtained under the Wate