Tribunals and CommissionsSingle Bench(2017) 01 NGT CK 0007

M/s. RP Rajarajan Associates Anchor Hotels vs The Chairman And Ors

National Green Tribunal · Decided on 9 January 2017

HON’BLE JUDGES
M.S. Nambiar, J
RESULT
Disposed Off
CASE NUMBER
Appeal No. 01 Of 2017

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Judgment

5 paragraphs · 216 words

This appeal is filed challenging the order passed by the respondent No.1, Tamil Nadu State Pollution Control Board (Board) under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 directing closure of the appellant unit finding that the unit is not having Consent to Operate. A show cause notice was issued and thereafter the impugned order was passed on 16.12.2016.

Learned counsel appearing for the appellant and the respondents are heard.

As is clear from the appeal memorandum, after the direction of closure dated 16.12.2016, the appellant filed an application for Consent through online on 24.12.2016.

Learned counsel appearing for the Board submitted that in principle it is decided to grant Consent to Operate and necessary orders will be passed within a week. We find no illegality or irregularity or any other defect in the impugned order to interfere with the closure order. Appellant cannot, in law claim that without the order of Consent to Operate the unit can be operated.

In such circumstances, the appeal is disposed directing the Tamil Nadu State Pollution Control Board to pass appropriate orders on the application for 'Consent to Operate', filed by the appellant through online on 24.12.2016, in accordance with law expeditiously, at any rate within one week from today. No order as to cost.