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NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Pushpa Sathyanarayana, Judicial Member, Satyagopal Korlapat, Expert Member
M. Manickaraj – Appellant
Versus
Tamil Nadu Pollution Control Board – Respondent
| Table of Content |
|---|
| 1. challenges to tnpcb memo exempting existing brick kilns from 2022 siting criteria. (Para 1 , 2 , 3 , 4 , 5) |
| 2. tnpcb clarifies siting applies only to new kilns; illegal units face closure. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. notification mandates siting for all; illegal operations not 'existing' units. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. precedents confirm non-consented units ineligible for exemptions. (Para 21 , 22 , 23 , 24) |
| 5. memo set aside; enforce notification prospectively. (Para 25 , 26 , 27) |
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. The applicant, who is resident of Nanjundapuram in Thadagam of Coimbatore District, is challenging the Memo No. T1/TNPCB/F.029331/Brick kilns/2018 dated 14.02.2023 issued by the 1st respondent stating that the siting criteria prescribed by the 2nd respondent, MoEF&CC, vide Notificaiton GSR 143 (E) dated 22.02.2022 applies only to brick kilns established on or after 22.02.2022 and not to the existing brick kilns.
2. According to the applicant only those legally existing and operating bick kilns i.e., those in existence and operation with valid consent from the Tamil Nadu Pollution Cont
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