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Judgment
We have heard the learned Senior Counsel Mr. R. Venkataraman appearing for the applicant. We have directed Mrs. Rita Chandrasekar to take notice for the 1st respondent and Mr. M.K. Subramanian take notice for the 2nd respondent.
Considering the prayer made in the application and after hearing both sides, we dispose of the application finally.
The applicant with a proposal to start Packaged Drinking Water business having Water Treatment Plant located in the land purchased for agricultural purpose spread over 6.86 acres in Sindapalli Village, Sattur Taluk, Virudunagar District, has applied for Consent both under the Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 online on 23.03.2017 from the Tamil Nadu State Pollution Control Board (Board). As it is seen in the Form-I filed by the applicant, the proposal is for the project of mineral water production of 6000 litres per day. It is also the case of the applicant that in the year 2007 it has purchased the land of an extent of 6.86 acres which includes 3 wells and 2 bore wells, for doing agricultural operations and subsequently the applicant realised that the water was saltish with TDS level above 1800 and hence the land cannot be used for agricultural purposes. In such circumstances, the applicant has proposed installation of packaged drinking water plant and also obtained Certificate from the Government of India, Ministry of Micro, Small and Medium Enterprises and paid business tax to the Village Panchayat.
Since the Board has not passed any orders on the Consent application filed and as the 2nd respondent, Block Development Officer (BDO) is making obstruction to the applicant even to visit the area for the preparation of the proprietary work, the applicant has come forward with this application for a direction to the 1st respondent to grant Consent under both the aforesaid Acts.
Mr. R. Venkataraman, the learned Senior Counsel appearing for the applicant would further submit that as on date the project is only at proposal stage and the applicant is not doing any production activities in furtherance of the proposal for manufacturing Packaged Drinking Water and he would also submit that a direction can be given to the 1st respondent, Board to consider the Consent application on merits for which the learned counsel appearing for the 1st respondent, Board has no objection.
in view of the same, the application stands disposed with a direction to the 1st respondent, Board to consider the application dated 23.03.2017 filed by the applicant both under the Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 and pass appropriate orders on merits in accordance with law expeditiously, in any event within a period of 2 weeks from the date of receipt of a copy of this order. This order is without expressing any opinion on merits of the matter.
The Board, while considering the application, shall take into consideration of all aspects which we have been enumerated in the batch of cases in Application No. 40 of 2013 etc., dated 29.01.2016 dealing with Packaged drinking water units in the State of Tamil Nadu where certain directions have been given to the Board. The 2nd respondent, BDO is directed to maintain status quo till the 1st respondent passed the orders as stated above.
Accordingly, the application stands disposed and there shall be no order as to costs.