Advocates:
['m/s dr p vasudevan', '', 'D SAIRAMKUMAR', 'M/S T MOHAN', '', 'M/S RAMANLAL TAKES NOTICE', 'FOR RR TO R']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2008

C O R A M:

THE HONOURABLE MR.A.K.GANGULY, CHIEF JUSTICE

and

THE HONOURABLE MR.JUSTICE F.M.IBRAHIM KALIFULLA

W.P.Nos.12663 & 12664 of 2008

and

M.P.Nos.1,1,2,2 & 3,3 of 2008

M/s.Chemplast Sanmar Limited

Having its Registered Office at

No.9, Cathedral Road, Chennai 600 086

Rep. by its General Manager (Legal)

Mr.T.Ravichandran

.. Petitioner in both the WPs.

-Vs-

1. The Appellate Authority

Tamil Nadu Pollution Control Board

NCB-1, Greenways Road, Chennai 600 028

2. Tamil Nadu Pollution Control Board

Rep. by its Member Secretary

No.100, Anna Salai, Guindy, Chennai 600 032

3. The District Environment Engineer

Tamil Nadu Pollution Control Board

1/276, Meyyanoor Main Road

Salem 636 004

4. G.Madheswaran

.. Respondents in both the Wps.

Prayer in both the WPs:

Writ petitions filed under Article 226 of the

Constitution of India for the issuance of Writ of Certiorari calling

for the records relating to the orders of the 1^st respondent in Appeal

Nos.26 & 27 of 2008, dated 07.05.2008 respectively, confirming the

order of the 2^nd respondent herein in proceedings No.T10/TNPCB/F-

63203/SLM/RL/A/2008, dated 22.01.2008 respectively and quash the same.

For Petitioner

in W.P.No.12663/08

: Mr.Habibullah Basha,

Senior Counsel

assisted by Mr.C.Mani Shankar

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner

in W.P.No.12664/08

: Mr.Vijay Narayan,

Senior Counsel

assisted by Dr.P.Vasudevan

For Respondents 1 to 3

in both the WPs.

: Mr.R.Ramanlal,

Standing Counsel for TNPCB

For Respondent 4

in both the WPs.

: Mr.T.Mohan & Ms.D.Nagasaila

- - - -

C O M M O N O R D E R

F.M.IBRAHIM KALIFULLA, J.

These two writ petitions have been filed challenging the common

order of the first respondent dated 07.05.2008, passed in Appeal Nos.

26 and 27 of 2008.

2. The petitioner is stated to be engaged in the manufacture of

PVC in Plant-II and Caustic Soda / Chlorochemicals in Plant-III. It

is also stated to have Captive Power Generation capacity consisting

of 7 Nos. of LSHS (Low Sulphur Heavy Stock) fired oil engines which

has got combined generating capacity of 48.5 MW and those power

generation units are stated to supply power and steam to the

petitioners complex in Mettur Dam with which the plants at Mettur are

being operated. The second respondent (hereinafter referred to as the

‘Pollution Control Board’) is stated to have granted consent to the

petitioner under Section 21 of the Air (Prevention and Control of

Pollution) Act, 1981 (hereinafter referred to as the 'Air Act'), in

its proceedings dated 16.11.1998, for operating the industrial plant

(Plant-III) and similar consent has also been issued under the Water

(Prevention and Control of Pollution) Act, 1981 (hereinafter called

as the ‘Water Act’) to the said plants.

3. It is stated that such consent was being extended from time

to time and was renewed upto 31.03.2008. It is also stated that the

said consent also covered the power generating units with LSHS viz.,

diesel operated generating units. According to the petitioner, in

its caustic soda plant it had employed the Mercury Cell Technology

and that there was an obligation in India for switching over to

Membrane Cell Technology by 2012, as part of environmental protection

measures which was notified by the Ministry of Environment and

Forest, Government of India in the year 2003. The petitioner is

stated to have responded to the said obligation well in advance and

has converted its operations 5 years ahead of the upper limit fixed

https://hcservices.ecourts.gov.in/hcservices/

viz., 2012. While effecting such a conversion, the petitioner claims

that it had to necessarily switch over to other austerity measures

and as part of it wanted to switch over to coal based generation of

its captive power generation unit from the present set up of LSHS

i