J U D G E M E N T

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The applicant, who is a property developer in the city of Chennai, has raised a concern regarding the operation of the chemical trading unit, which is the 3^rd Respondent herein and situated in close proximity to their residential project.

2. The applicant has proposed to develop the property in S.F. Nos.1/2A1, 1/2A2A, 2/2A2B and 1/2A2C of Chettiar Agaram Village, Maduravoyal Taluk, Chennai District on a joint venture basis. It is stated that the subject area is a primary residential area as per the Chennai Metropolitan Development Authority (CMDA) and Greater Chennai Corporation (GCC). As the proposed built-up area is more than 20,000 Sq. Meters, the applicant applied for the Environmental Clearance and the same was granted on 16.06.2014. The planning permission and building permission are also obtained from the CMDA and GCC respectively. The applicant registered the project with the Tamil Nadu Real Estate Regulation Authority (TNRERA) on

12.11.2018.

3. The complaint now is that the 3^rd Respondent’s business involves handling hazardous chemicals like Hydrochloric Acid, Sulphuric Acid, Nitric Acid and others, which pose a significant threat to the health and safety of the nearby residents.

4. It is alleged that the 3^rd Respondent has not obtained proper authorization from the Tamil Nadu Pollution Control Board (TNPCB) and other relevant authorities, including necessary permission under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.

5. Therefore, the Original Application is filed seeking closure of the chemical trading unit, alleging that the same is operated in violation of the legal and environmental norms, thereby endangering public health and safety.

6. The TNPCB, who is Respondents No.1 and 2 herein, was directed to inspect the unit in question and submit a factual report as well as the action taken report in the event of any violation found. The TNPCB was also directed to consider whether the activity of the 3^rd Respondent is a permissible one within that area and whether the 3^rd Respondent had obtained necessary authorization from the TNPCB under Rules (6) of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.

7. Accordingly, the TNPCB inspected the 3^rd Respondent unit on 25.03.2022 and found that the same is operating in the name of „M/s. Gee Emm Aar Chemical‟, dealing with acids and chemicals and is in existence in the said location for the past 14 years with all necessary licenses for trading cleaning products like Phenoyl, Bleaching Powder, Acids, etc. Within the premises, a lot of empty cans and barrels were found, which are used to transfer the products as per the customers’ requirements to the container and sent through their vehicles. The 3^rd Respondent has got valid certificate and license from the District Magistrate and District Collector – Thiruvallur for possession and sale of poisons. The Greater Chennai Police also has issued a No Objection Certificate in this regard. The unit is carrying out the trading activity of acids and chemicals, which does not come under the industrial activity and any of the industrial categorizations of the TNPCB.

8. It is stated that the authorization will be considered under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 for the consented units that handle hazardous and other waste mentioned in the schedules in the said Rule and not for chemical handling. Such activities are regulated under the Manufacture, Storage and Transport of Hazardous Chemicals Rules, 1989 by the Director of Industrial Safety and Health under the Factories Act, 1948.

9. During the second inspection, the TNPCB noted that the 3^rd Respondent was operating in area of 4,600 Sq. Feet and stores three types of acids viz., Hydrochloric Acid, Nitric Acid and Sulphuric Acid. The site also contains a rubber lined tanker, empty cans, and ba