M/s. Lingam Metal Infrastructure vs District Environmental Engineer And Ors

We have heard Mr.K.S.Viswanathan, learned counsel appearing for the applicant as well as learned counsel appearing for the State Pollution Control Board (Board) who was directed to take notice on the earlier occasion. Considering the relief sought for and after hearing the learned counsel appearing for the applicant, we are of the view that the 3rd respondent, who was applicant in the earlier Application No.200 of 2016, need not be given notice.

In our order dated 17.01.2017 passed in Application No.200 of 2016, we have directed the Board to lock and seal the premises of the present applicant who was the 4 th respondent to ensure that the applicant does not carry on the activities. We have also made it clear that if "online" application for "consent" stated to have been made by the present applicant is pending with the Board, it will be open to the Board to consider the same on merit and in accordance with law subject to compliance of all the requirements noted by the Board in the Show Cause Notice dated 21.09.2016. We have also stated that only after the "consent" is granted, the applicant is entitled to take any action for the purpose of carrying on the activity.

Accordingly, the Board has sealed the premises. The present application is filed by the applicant / project proponent to deseal the premises bearing Survey Nos.438/1 and 438/2, Papparapakka Village, Koppur Main Road, Tiruvallur District to enable the applicant to comply with necessary pollution control measures and also for a direction to the Board to expedite the process of grant of consent in Application No.7917365 stated to have been made by the applicant "online" on 19.01.2017 in accordance with the direction given by the Tribunal in the order dated 17.01.2017.

Mr .K. S. Viswanathan, learned counsel appearing for the applicant would submit that desealing of the premises is only to remove the machineries. In fact, it is the case of the applicant that at the request of the applicant, the Board has desealed the premises for the purpose of removal of certain machinery and in as much as in a single day the entire machinery were unable to be removed, the Board has sealed the premises once again and therefore it is necessitated to file the present application to deseal the premises only for the purpose of removal of remaining machinery so as to enable the applicant to take appropriate steps for the purpose of complying with the conditions contemplated by the Board in the Show Cause notice given earlier.

Even though the learned counsel would submit that after desealing the premises it should not be sealed again and the applicant gives an undertaking that he will not carry on any activity and the reason is that the applicant has to put up some sheds for the purpose of carrying out the compliance, the said request is opposed by the learned counsel appearing for the Board stating that the applicant can be permitted only to remove the remaining machineries and thereafter the premises will be resealed.

The learned counsel appearing for the Board also submits that in so far as the 2nd prayer to consider the "online" application for consent, the application itself is unable to be processed and it will be only considered if the applicant makes appropriate application for "consent" online with all particulars. After receipt of the same, the Board will consider grant of "consent to establish". It is only after the grant of "consent to establish" in accordance with the terms and conditions prescribed therein, the Board will prescribe modus operandi either for the purpose of desealing of the premises or carrying out any activities.

In view of the submissions made by the applicant as well as the Board, we are of the view that the premises should be desealed only for the purpose of removal of the remaining machinery and other raw materials under the supervision of the District Environmental Engineer and after removal of the same, the premises should be sealed again. Accordingly, the application stands ordered as follows:

The District Environmental Engineer shall deseal the premises in Survey No.438/1 and 438/2, Papparapakka Village, Koppur Main Road, Tiruvallur District and allow the applicant to remove the remaining machinery and raw materials.

We make it clear that the applicant shall not be allowed to carry on any activity after removal of the machinery and raw materials, under the supervision of the District Environmental Engineer, who shall ensure that no activities are allowed and the said premises is sealed once again.

It is open to the applicant to make proper "online" application for "consent to establish" with all necessary particulars and after receipt of the application, if the same is in order, it is always open to the Board to pass appropriate orders including desealing of premises further for the purpose of enabling the project proponent to comply with the conditions stipulated in the order that may be passed by the Board.

With the above directions, the application stands ordered. There shall be no order as to cost.