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2022 Supreme(Online)(NGT) 1311
Item No.1: Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI (Through Video Conference)
Original Application No. 256 of 2016 (SZ)
IN THE MATTER OF:
Voice of Nature Rep. by its President Mr. R. Gokulraj No.4, Adhigathur Road Vengathur Kandigai Manavalanagar Thiruvallur- 602 002 …Applicant Versus
1. The Government of Tamil Nadu Rep. by its Principal Secretary Department of Environment and Forest Fort St. George Chennai.
2. The Tamil Nadu Pollution Control Board, Rep. by its Chairman No. 76, Mount Salai Guindy, Chennai- 600 032
3. The District Environmental Engineer Tamil Nadu Pollution Control Board No. 41, Judges Colony Periyakuppam, Thiruvallur- 602 001
4. The Tamil Nadu Small Industries Development Corporation, Rep by its Branch Manager, Kakkulur, SIDCO Industrial Estate, Thiruvallur- 602 003
5. The District Collector Thiruvallur
6. Kakkalur Indsutrial Estate ManufacturingAssociation (KIEMA)
Rep by its Secretary Mr. K. Baskaran, 21, Electronic Industrial Estate Kakkalur, Thiruvallur District Chennai- 602 003. … Respondent(s)
For Applicant(s): Mr. A. Yogeshwaran represented Mr. R. Gokul Raj.
For Respondent(s): Dr. D. Shanmuganathan for R1 & R5.
Mr. S. Sai Sathya Jith for R2 & R3.
Mr. M.J. Jaseem Mohammed for R4.
Mr. R. Saravana Kumar for R6. Date of Order: 08th April 2022.
CORAM:
HON’BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For the Petitioner:
For the Respondent: SUBRAMANIAN M K, SUBRAMANIAN M K, ABDUL SALEEM, AZHAGAPERUMAL S, AZHAGAPERUMAL S, ILANGO A, ILANGO A, ILANGO A
O R D E R
1. As per Judgment dated 25.05.2021, this Tribunal had disposed of the matter by giving the following directions:-
“(i) The Pollution Control Board is directed to make periodical inspection of the industrial units in Kakkalur Industrial Estate, Thiruvallur District and see that sewage generated in the Industrial Estate is properly treated and re-used without discharging the same into any drain or any water body and if there are any violations found then they are directed to take appropriate action against the industrial unit including the SIDCO if they have committed any violation in accordance with law including imposition of environmental compensation and issue direction regarding remedial measures to be taken if any environmental damage has been caused.
(ii) SIDCO is directed to expedite the establishment of STP within the time-frame fixed by the Pollution Control Board and make the same operational conforming with the standards provided by the Pollution Control Board in maintaining the outlet of the sewage treatment water and take steps for utilising the same within the industrial units as far as possible without discharging the same into the water body. If any excess water is available then they can discharge the same only after getting necessary approvals from the authorities after complying with the standards providing for discharging such treated sewage into the water bodies. The SIDCO is also directed to file their periodical report once in three months to this Tribunal till the completion and operation of the common sewage treatment plant that is proposed to be established in their Industrial Estate.
(iii) SIDCO Industrial Estate, Kakkalur is also directed to complete the establishment of common sewage treatment plant as expeditiously as possible and at any rate within six months from the receipt of this Judgement. If it is not able to complete the same as directed by the Pollution Control Board in the proceedings issued under Section 33 A of the Water (Prevention and Control of Pollution) Act, 1974 signed on 07.12.2020.
(iv) Considering the circumstances, parties are directed to bear their respective costs.”
2. Since periodical reports were not filed, the matter was taken up on
15.12.2021 and at the request of the parties, the matter has been adjourned to 20.01.2022 for filing compliance report and again adjourned to
25.02.2022 for filing compliance report.
3. When the matter was taken up on 25.02.2022, we have received the report submitted by the Tamil Nadu Pollution Control Board signed by the officer on 01.02.2022, e-filed on 02.02.2022 which was extracted in Para (2) of the order and also considered the status report submitted by the 4th Respondent dated 14.02.2022, e-filed on 15.02.2022 which was extracted in Para (3) and then, directed the State Pollution Control Board as well as the 4th Respondent to file their further action taken and progress report and the case was posted to today for consideration of further reports.
4. Today, we have received the further status report filed by the 4th Respondent dated 06.04.2022, e-filed on 07.04.2022 along with certain annexure showing the progress of the work which reads as follows:-
STATUS REPORT FILED BY THE 4th RESPONDENT “
I, M.D.Jayakumar, S/o. [Late] M.R.Deenen, Hindu, aged about 59 years, working as Branch Manager, Tamil Nadu Small Industries Development Corporation Limited [TANSIDCO], Industrial Estate, Kakkalur do hereby solemnly affirm and sincerely state as follows:
1. I submit that I am working as the Branch Manager, Kakkalur in the Tamil Nadu Small Industries Development Corporation Ltd., (herein after: referred as TANSIDCO) for the sake of brevity and as such I am well acquainted with the facts of the case from the available records, I am swearing this status report in my official capacity.
I state that the Hon’ble National Green Tribunal, after taking note of the oral arguments of counsel for petitioner and respondents has directed judgment as follows: “27
