SHIHABUDEEN P N vs THE DISTRICT COLLECTOR - 2021 Supreme(Online)(NGT) 1184

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2021 Supreme(Online)(NGT) 1184

Item No.07:
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 166 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
1) Shihabudeen P. N Aged 44 years, S/o. P.K. Nainar Palachuvattil House, Puthuppady Muvattupuzha, Ernakulam District – 686 673.
2) K.A. Salim Aged 53 years, S/o. K.K. Ali Kalarickal House, Puthuppady Muvattupuzha, Ernakulam District – 686 673.
3) Jaymes Thomas, Aged 55 years, S/o. Thomas Venappadath House, Puthuppady Muvattupuzha, Ernakulam District – 686 673.
4) Dileep S Aged 45 years, S/o. Sreeraman Nair Chirapattu House, Puthuppady Muvattupuzha, Ernakulam District – 686 673.
5) P.A. Rasheed Aged 57 years, S/o. P P Aliyar Pallipattuputhenpura House, Puthuppady Muvattupuzha, Ernakulam District – 686 673.
6) Aslam Subair, Aged 34 years, S/o. C.M. Subair Chemmayath Pallipattuputhenpura House, Puthuppady Muvattupuzha, Ernakulam District – 686 673.
7) C.N. Raghavan Nair, Aged 65, S/o. Narayanan Nair Chirapattu House, Puthuppady, Muvattupuzha, Ernakulam District – 686 673.
8) Hussain T.M.
Aged 54, S/o. Mytheen Thekkumkattil House, Puthuppady Muvattupuzha, Ernakulam District – 686 673.
9) Jaymes V.C.
Aged 58 years, S/o. Chacko Veliyannukkaran House, Puthuppady Muvattupuzha, Ernakulam District – 686 673.
10)P.M. Nasser, Aged 43 years, S/o. Makkar Parakeputhenpura House, Puthuppady Muvattupuzha, Ernakulam District – 686 673.
11)R. Venugopal Aged 66 years, S/o. Ramakrishna Nair Usha Bhavan, Puthuppady, Muvattupuzha, Ernakulam District – 686 673.
12)Jalal Srambickal, Aged 50 years, S/o. Sainudheen Srambickal House, Puthuppady Muvattupuzha, Ernakulam District – 686 673.
13)B. Vikaraman Nair Aged 65 years, S/o. Bhaskarapilla Vrindhavan House, Puthuppady, Muvattupuzha, Ernakulam District – 686 673.
14)Yousuf V.E., Aged 46 years, S/o. Ebrahim Vilakath House, Puthuppady Muvattupuzha, Ernakulam District – 686 673.
...Applicant(s)
Versus
1) The District Collector, Ernakulam District, Collectorate Kakkanad, Ernakulam – 682 030.
2) The Kerala State Pollution Control Board, Represented by its Secretary Pattom, Thiruvananthapuram – 695 004.
3) The Environmental Engineer, Kerala State Pollution Control Board, District Office – II (EKM), Perumbavoor Ernakulam District – 683 542.
4) The Senior Joint Director of Factories and Boilers, Opposite Chemical Analytical Lab CHEMREC Building, Kakkanad, Ernakulam – 682 030.
5) Paipra Grama Panchayat Paipra P.O., Muvattupuzha Ernakulam District – 686 673. 6) The Station House Officer, Muvattupuzha Police Station, Muvattupuzha, Ernakulam District – 686 661.
7) C.M. Jamal, Aged 65 years, S/o. Muhammed Kottakudi House, Puthupady P.O.
Perumattam Kara, Vellorkunam Village Muvattupuzha, Ernakulam District – 686 673.
Proprietor of United Plastic, Perumattam, Puthupady P.O., Muvattupuzha, Ernakulam – 686 661.
8) P.M. Abubakeer, Aged 61 years, S/o. Muhammed Kottakudi House, Puthupady P.O.
Perumattam Kara, Velloorkunam Village Muvattupuzha, Ernakulam District – 686 673.
...Respondent(s)
For Applicant(s): M/s. Alias M. Cherian.
For Respondent(s): Mr. M. Arun represented Mr. E.K. Kumaresan for R1, R4 & R6 Ms. Niveditha S Menon represented Mrs. V.K. Rema Smrithi for R2 & R3.
M/s. Deepa Harigovind for R5.
Mr. Babu Karukapadath for R7 & R8.
Date of Order: 07th October, 2021.
CORAM HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE DR. K. SATYAGOPAL, EXPERT MEMBER

Advocates:
For the Petitioner: ALIAS M. CHERIAN, ALIAS M CHERIAN, ALIAS M. CHERIAN, ALIAS M. CHERIAN, ALIAS M. CHERIAN, ALIAS M. CHERIAN, ALIAS M. CHERIAN, ALIAS M. CHERIAN, ALIAS M. CHERIAN, ALIAS M. CHERIAN, ALIAS M. CHERIAN, ALIAS M. CHERIAN, ALIAS M. CHERIAN, ALIAS M. CHERIAN, ALIAS M. CHERIAN
For the Respondent:

ORDER

1. The above case has been filed by the applicant anticipating possible pollution likely to be caused on account of establishing a manufacturing unit/factory of plastic articles by the 7th respondent in Ward No. 9 of Paipra Grama Panchayath at Muvattupuzha in Ernakulam District.

2. The allegation in the application was that Paipra village is a village, free from pollution and there are no polluted activities going on in that area. The respondents 7 and 8 are brothers and claim to be politicians and the respondents are active members in the leading political parties in Kerala. The Panchayat has granted building permit to construct the proposed industrial unit and they have also obtained ‘Consent to Establish’ from the Kerala State Pollution Control Board (KSPCB)/ the 2nd respondent in the year 2018.

3. According to the applicant, similar industries started by the respondents 7 and 8 in another area are causing large scale pollution and if it is allowed to be established in the residential area in this village, where the applicants are residing, it may have great impact on environment and health of the people. They came to know about establishing the industry only when Electricity Board had made preparations for installing a transformer for providing electricity supply to this unit. They are likely to use electric motors of high power, which are likely to create noise pollution, apart from causing air pollution while doing the process of manufacturing of plastic articles. Though, several representations have been made to the authorities against establishment of such units in that area, no action has been taken. That prompted the applicants to file this application seeking the following reliefs:-

“(i) Pass on order restraining 7th respondent for starting and functioning an industrial unit/factory for manufacturing plastic items in the property comprised in Survey No. 878-15A and 878/15A-5 in Velloorkunnam Village i.e. in Ward No. 9 of Paipra Grama Panchayath in Muvattupuzha Taluk in Ernakulam District.

(ii) To pass an order restraining 3rd and 5th respondent from granting Consent and dealers license, respectively in favour of 7^th respondent or any other person, to start in industrial unit/factory for manufacturing plastic items in the property comprised in Survey No. 878-15A and 878-5 in Velloorkunnam Village i.e. in Ward No. 9 of Paipra Grama Panchayath in Muvattupuzha Taluk in Ernakulam District.

(iii) To call the records from respondents 3 to 5 and set aside Anne. A1/consent to establish, issued by 3rd respondent i favour of 7th respondent or any other person to start an industrial unit/factory for producing plastic items in the property comprised in Survey No. 878- 15A and 878/15A-5 in Velloorkunnam Village i.e. in Ward No. 9 of Paipra Grama Panchayath in Muvattupuzha Taluk in Ernakulam District.

(iv) To appoint an advocate commission to inspect and report as to the nature, condition and feasibility of starting an industrial unit/factory for manufacturing plastic items in the property comprised in survey No. 878-15A and 878/15-A in Velloorkunnam Village i.e. in Ward No. 9 of Paipra Grama Panchayath in Muvattupuzha Taluk in Ernakulam District.

(v) To grant such other reliefs, which are deem fit and proper in the circumstances of the case.”

4. While admitting the matter, this Tribunal had observed that since the Consent to Establish was granted in the year 2018 for this unit by the Kerala State Pollution Control Board (KSPCB) which is an appealable order before the Appellate Authority constituted under the Air (Prevention and Control of Pollution), Act, 1981 and Water (Prevention and Control of Pollution), Act 1974, without resorting to the remedy available under the respective statues, they cannot indirectly approach this Tribunal under Section 14 & 15 of the National Green Tribunal Act, 2010 to set aside the ‘Consent to Establish’ already granted much after the period of limitations provided under this Act.

5. As regards the lice

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