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Judgment
The applicant is running a Bleaching unit in Karur since 1993. A valid order of Consent was granted by the Tamil Nadu State Pollution Control Board (TNPCB). It was being renewed from time to time. The order of renewal of Consent would expire only on 30.06.2017. Meanwhile, a show cause notice was issued by the TNPCB, on receipt of a telephonic compliant with regard to the discharge of untreated effluent by the industry, after inspection. Thereafter, a closure order was passed on 09.08.2016. The applicant did not challenge that order by filing an appeal as provided under the Rules. Admittedly that order has become final.
Later, the applicant submitted a series of representations, for revocation of the order of closure contending that the unit had cured all the defects pointed out and requesting to revoke the order of closure so that it could operate the unit. By the impugned order dated 23.12.2016, that application to revoke the closure order was rejected which is challenged originally by an appeal. At the time of admission it was converted into an Application under Section 14 of the National Green Tribunal Act, 2010.
Learned counsel appearing for the applicant and the learned counsel appearing for TNPCB are heard.
In the light of the order to be passed in the application, we do not find it necessary to discuss in detail the facts or law the involved. The applicant as stated earlier, did not challenge the order of closure dated 09.08.2016. Though the learned counsel appearing for TNPCB submitted that once a closure order is subsiding and it is not suspended by the Tribunal or any other Authority, on the request of the applicant, the TNPCB is not competent to inspect the unit or to revoke the order, the learned counsel has no case that a closure order would tantamount to an order of revocation or cancellation the order of Consent. The fact that the Consent order granted to the applicant is subsisting till 30.06.2017 is also not disputed.
When a closure order is passed against an unit, the unit has two remedies available in law. This is also not disputed by the respondents. The unit is entitled to file an appeal as provided under Water (Prevention and Control Pollution) Act, 1974 or Air (Prevention and Control Pollution) Act, 1981. The unit is also entitled to submit to the findings in the closure order and cure all the defects found by the State Pollution Control Board and thereafter, request the Board for an inspection to prove that defects were all cured to enable the operation of the unit. Once the unit cures all the defects and request the Board for inspection to enable the unit to operate, we find no prohibition on the Board to inspect and on inspection if satisfied to grant permission to operate. If the Board has a case that the unit, if permitted to operate, would cause environmental damages as he has done previously violating the conditions incorporated in the order of Consent, necessary conditions could be imposed by the Board, while permitting to operate the unit.
In such circumstances, we dispose the application permitting the applicant to file an application / representation before the TNPCB, for an inspection within a period of 3 days. On receipt of the application, the TNPCB shall inspect the unit within a period of two weeks and pass appropriate order in accordance with law expeditiously. The inspection shall be at the cost of the applicant. To enable the operation of the unit during inspection, the electricity supply be restored till the inspection is over.
The application is disposed accordingly, with no order as to costs.