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2024 Supreme(Online)(NGT) 791
NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Pushpa Sathyanarayana, Judicial Member, Satyagopal Korlapat, Expert Member
Easwaramoorthy – Appellant
Versus
Tamil Nadu Pollution Control Board – Respondent
Original Application No.20 of 2022 (SZ)
For Applicant(s): M/s. A. Yogeshwaran, B. Poongkhulali, J. Ranjith and Sarah Daniel
For Respondent(s): Mr. S. Sai Sathya Jith for R1, Dr. D. Shanmuganathan for R2 & R4, Mr. S.T. Bharath Gowtham & Mr. K. Suriya for R3
No merit in pollution claims against industry; Joint Committee confirmed effective controls, attributing tree damage to natural fungus and applicant's activities.
Headnote:The applicant alleged violations under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 due to emissions from a nearby activated carbon manufacturing unit causing damage to agriculture and health. Essential facts include black soot deposition on coconut trees, house contamination, and crop failure attributed to fugitive emissions and lack of greenbelt. The Tribunal relied on Joint Committee findings that no industrial pollution was detected; issues of stack emissions, ambient air quality, soil, and water contamination were examined. Key issues framed: whether the industry caused damage to nearby land and if compensation is payable. Ratio decidendi: Joint Committee inspections and analyses confirmed pollution control measures effective, black deposits due to black fungus from whitefly infestation and applicant's burning of coconut shells, not industrial emissions; no exceedance of norms under environmental laws. Application dismissed; TNPCB directed to monitor compliance and stack height; parties ordered to plant tall trees for emission control.
| Table of Content |
|---|
| 1. alleged industrial emissions damaging agriculture and health. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. industry denies pollution; attributes damage to pests, applicant's activities. (Para 9 , 10 , 11 , 12 , 13 , 18 , 19 , 20) |
| 3. joint committee finds no industrial damage; effective pollution controls. (Para 14 , 15 , 16 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 34) |
| 4. court analysis rejects claims based on reports. (Para 28 , 29 , 30 , 31 , 32 , 33 , 35 , 36 , 37 , 38 , 39) |
| 5. application dismissed; monitoring and greenbelt directions issued. (Para 40 , 41) |
JUDGEMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member.
1. The above application is filed by the applicant seeking a direction for the closure of the 3rd Respondent industry which is involved in the business of activated carbon manufacturing and to pay adequate compensation to the applicant for the damage caused and losses suffered by the applicant.
2. The applicant is a resident of the Vattamalai Village, Kangeyam Taluk and he is basically an agriculturist. It is stated that the applicant is involved in buying coconut oil in bulk, storing it in specially constructed tanks and selling it in the market. According to him, except the 3rd Respondent herein, there are no other industrial establishments in the vicinity of the applicant‟s land. The applicant is the owner of 12 Acres of land in Sy. No.1137/1B, Avinashipalayam Pudur, Vattamalai Village. The applicant constructed his house in the year 2010 facing the east direction and has planted coconut trees, Malabar neem wood, red sandalwood, sandalwood, teakwood, and other fruit bearing trees on the said lands.
3. The 3rd Respondent industry was constructed in the year 2009 on the land adjacent to the applicant. As the 3rd Respondent industry expanded its capacity, severe pollution was caused. It is stated that fine black soot like material emitted from the 3rd Respondent industry covers the applicant‟s land and also settles in the applicant‟s house, making it impossible to live in his house.
4. It is alleged further that if the windows and doors are left open, the entire house gets covered with fine black dust causing breathing difficulties, eye irritation, coughing and other health issues.
5. It is also alleged that there are about 500 coconut trees in the applicant‟s land and these plants are impacted by emissions from the 3rd Respondent industry. It is stated that the leaves of the coconut trees on the land are covered by fine black soot emitted from the 3rd Respondent industry. The said carbon cover sticks to the leaves and prevents photosynthesis and does not allow the trees to grow and mature to their full size.
6. The further allegation is that the applicant is unable to raise any other crops though he tried to cultivate white sorghum, pearl millet, whole green gram, whole black gram, horse gram, etc. Ultimately, the applicant stopped his cultivation, as he is suffering only losses. The 3rd Respondent industry being a „Red‟ category, generates solid waste and liquid effluents from the process. The emissions alleged are not only through the stack but through the fugitive emissions. The fugitive emissions from processing, waste handling and raw material handling processes contribute to dust pollution. Though several complaints have been raised before the Respondent No.1 / Tamil Nadu Pollution Control Board (TNPCB), no action has been taken.
7. It is further alleged that the 3rd Respondent industry was established in the year 2011 by obtaining permission to produce 360 Tonnes per month of activated charcoal and this capacity is now increased to 1640 Tonnes per month. The multi- fold increase in production was carried out on the same site without any buffer / greenbelt to act as a buffer between the industry and the applicant‟s land.
8. Therefore, the applicant has sought for the closure of the 3rd Respondent industry on the following grounds:-
i. The emission from the 3rd Respondent industry which settles
