J U D G E M E N T

1. The above Original Application is filed by the applicant, who is residing at Thiruvallur Nagar, Korukkupettai, Chennai, where over 100 families live, primarily consisting of children and elderly people, against the 5^th Respondent’s Steel Polish Factory.

2. It is alleged in the application that the 5^th Respondent’s steel polish factory, which is situated opposite to his house, operates daily from 06:00 a.m., generating loud noise and releasing black powder, resulting in damage to the building walls. The applicant’s elderly parents suffer severe breathing troubles due to the factory’s emissions.

3. The applicant further alleged that he made several complaints to the 5^th Respondent about these issues, but no resolution has been provided. Further, a complaint letter sent to the Tamil Nadu Pollution Control Board (TNPCB) /3^rd Respondent on 13.12.2023, led to an inspection of the factory on 08.02.2024, where directives were given to the Greater Chennai Corporation (GCC)/ 4^th Respondent for necessary action under the Chennai City Municipal Corporation Act, 1919 and the Tamil Nadu Public Health Act, 1939. However, no action has been taken. The applicant submitted representations to the 1^st and 2^nd Respondents on 15.03.2024 and 25.03.2024, but did not receive any response or action.

4. The primordial objections of the applicant are that, 4.1 The operation of machinery exceeding permissible noise levels severely affects the health and well-being of residents, causing sleep disturbances, and serious health complications, including respiratory diseases.

4.2 The emissions from the factory and the use of oil engines during power cuts contribute to air pollution, visibly affecting the applicant's property.

4.3 Vibrations from the factory machinery are damaging the structural integrity of the applicant's house, causing cracks and threatening collapse.

4.4 The 5^th Respondent has not obtained the necessary permission/license from the concerned authorities before commissioning the factory and has not provided adequate safety measures to prevent air and noise pollution.

5. Hence, the applicant is compelled to seek intervention from this Tribunal to direct the official respondents to take appropriate action against the 5^th Respondent’s Steel Polish Factory, which has been continuously discharging noise, air and water pollution in the residential area.

6. Upon notice, the Greater Chennai Corporation (Respondents No.2 and 4) has filed a status report dated 06.12.2024, wherein it is stated that they received a letter dated 15.02.2024 from the 3^rd Respondent, indicating that the Board officials have inspected the 5^th Respondent's workshop situated at No. 45, 3^rd Street, Thiruvalluvar Nagar, Chennai, following a complaint that it was causing public disturbance. Subsequently, on 28.10.2024, the GCC requested clarification on the nature of the disturbance. Meanwhile, the GCC inspected the workshop and found it operating without a trade license. Hence, on 05.11.2024, the GCC issued a notice under Section 102 of the Tamil Nadu Urban Local Bodies Act, 1998, directing the 5^th Respondent to cease operations within 24 hours. In reply to the same, the 5^th Respondent requested one week time to stop and relocate the workshop from the site in question, and the same was granted. Thereafter, the 3^rd Respondent vide letter dated 20.11.2024 reported that the 5^th Respondent’s workshop was causing air pollution during a follow-up inspection on 07.11.2024. It is further stated in the report that the 5^th Respondent has ceased operations and vacated the premises. The photographs were attached to corroborate the same.

7. From the status report submitted by the Greater Chennai Corporation (GCC), it is established that the 5^th Respondent’s factory was operating without the requisite trade license and was causing disturbance to the nearby residences, to which, a notice dated 05.11.2024 was issued under Section 102 of the Tamil Nadu Urban Local Bodies Act, 1998, for