Item No.1:-

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Wednesday, the 06^th day of November 2024.

(Through Video Conference)

Original Application No.32 of 2022 (SZ)

IN THE MATTER OF M/s. Fomra Housing and Infrastructure Private Limited Rep. by its Managing Director Mr. Sharad Fomra, No.18, AA Block, 3^rd Street, Anna Nagar, Chennai – 600 040.

...Applicant(s)

Versus

1) The Chairman Tamil Nadu Pollution Control Board, Guindy, Chennai.

2) The District Environmental Engineer Tamil Nadu Pollution Control Board, Chennai.

3) M/s. Gee Emm Aar Chemical Rep. by its Proprietor Mr. G. Muthurathinam, No.1/4, Poonamallee High Road, Vanagaram, Chennai – 600 095.

...Respondent(s)

For Applicant(s): M/s. S. Saravanan, Zeenath Saleem &

Mr. E. Karthikeyan, Adv.

For Respondent(s): Mr. S. Sai Sathya Jith, Adv. for R1 & R2.

M/s. S. Namasivayam, S. Rajkumar, R.Balambigai Gowri, A. Muthusubramanian, T. Saminathan, B.V. Diveyadarsini and E. Allwin, Advs. for R3.

Judgment Reserved on: 22^nd October, 2024.

CORAM HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER

J U D G E M E N T

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The applicant, who is a property developer in the city of Chennai, has raised a concern regarding the operation of the chemical trading unit, which is the 3^rd Respondent herein and situated in close proximity to their residential project.

2. The applicant has proposed to develop the property in S.F. Nos.1/2A1, 1/2A2A, 2/2A2B and 1/2A2C of Chettiar Agaram Village, Maduravoyal Taluk, Chennai District on a joint venture basis. It is stated that the subject area is a primary residential area as per the Chennai Metropolitan Development Authority (CMDA) and Greater Chennai Corporation (GCC). As the proposed built-up area is more than 20,000 Sq. Meters, the applicant applied for the Environmental Clearance and the same was granted on 16.06.2014. The planning permission and building permission are also obtained from the CMDA and GCC respectively. The applicant registered the project with the Tamil Nadu Real Estate Regulation Authority (TNRERA) on

12.11.2018.

3. The complaint now is that the 3^rd Respondent’s business involves handling hazardous chemicals like Hydrochloric Acid, Sulphuric Acid, Nitric Acid and others, which pose a significant threat to the health and safety of the nearby residents.

4. It is alleged that the 3^rd Respondent has not obtained proper authorization from the Tamil Nadu Pollution Control Board (TNPCB) and other relevant authorities, including necessary permission under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.

5. Therefore, the Original Application is filed seeking closure of the chemical trading unit, alleging that the same is operated in violation of the legal and environmental norms, thereby endangering public health and safety.

6. The TNPCB, who is Respondents No.1 and 2 herein, was directed to inspect the unit in question and submit a factual report as well as the action taken report in the event of any violation found. The TNPCB was also directed to consider whether the activity of the 3^rd Respondent is a permissible one within that area and whether the 3^rd Respondent had obtained necessary authorization from the TNPCB under Rules (6) of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.

7. Accordingly, the TNPCB inspected the 3^rd Respondent unit on 25.03.2022 and found that the same is operating in the name of „M/s. Gee Emm Aar Chemical‟, dealing with acids and chemicals and is in existence in the said location for the past 14 years with all necessary licenses for trading cleaning products like Phenoyl, Bleaching Powder, Acids, etc. Within the premises, a lot of empty cans and barrels were found, which are used to transfer the products as per the customers’ requirements to the container and sent through their vehicles. The 3^rd Respondent has got valid certificate and licens