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NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
SMT. PUSHPA SATHYANARAYANA, J, DR. SATYAGOPAL KORLAPATI, ACJ
M. Manickaraj – Appellant
Versus
The Tamil Nadu Pollution Control Board – Respondent
| Table of Content |
|---|
| 1. clearly defines the applicant's challenge against the applicability of siting criteria. (Para 1 , 2) |
| 2. outlines the applicant's arguments regarding legal existing brick kilns and illegal operations. (Para 5 , 6 , 10) |
| 3. court's observation on the interpretation of the notification concerning existing and proposed brick kilns. (Para 15 , 20 , 21) |
| 4. final ruling that the clarification permitting illegal operations is unjustifiable. (Para 25 , 26) |
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 Control Board under the Water (Prevention and Control of Pollution) Act,
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