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Judgment
We have heard counsel for the applicant and the respondents. This application is filed against the order of the Tamil Nadu Pollution Control Board dated 30.1.2015 passed under section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981 by which the power supply of the applicant unit situated at SF No.219, Kannampalayam Village, Sulur Taluk, Coimbatore District has been directed to be stopped with immediate effect.
Even though in normal circumstances and as per law, as against the said order an appeal lies to the learned Appellate Authority, in as much as it is the case of the applicant that without even serving a copy of the impugned order, the electricity came to be cut to the industrial unit, the matter came to be filed as application and not as an appeal, we have proceeded to take up this application on file and heard the arguments of learned Senior counsel Mr.R.Thiyagarajan and Mr. D. Bharatha Chakravarthy and we have also heard Mrs. Yashmeen Ali, the learned counsel for the Tamil Nadu Pollution Control Board (Board) who has made her submission on instructions from the Board.
On perusal, the impugned order to our dissatisfaction shows a clear non-application of mind. There is absolutely no reason assigned in the impugned order as such except to say that the Board is entitled to invoke its power under Section 31 (A) of the Air Act. We have to ascertain the reason only by going back to the Show Cause Notice issued by the Board to the applicant on 24.6.2014. It was when the show cause notice was issued on the applicant, the Board has found certain fault in the operation of the applicant unit which is a foundry situated in Coimbatore. As per the said show cause notice the following defects were found namely:-
(1) The unit shall operate by adhering to all conditions as stipulated in the existing consent order.
(2) The unit shall totally eliminate CO2 moulding process and adopt resin sand molding process for which the unit shall provide Thermal sand reclamation plant so as to reclaim the entire quantity of sand and to reuse the same in the process within a period of six months.
(3) The unit shall install on line stack monitoring system and to connect the same to CARE Air centre TNPC Board, Guindy, Chennai within a period of three months time.
(4) The unit shall ensure that its operation and its activities shall not cause any environment related problems in its vicinity.
Out of the above said defects pointed out, the 2nd and 3rd are important to be considered. In so far as it relates to the online stack monitoring system it is categorically stated by the project proponent that the same has in fact been installed as communicated in the reply dated 30th June, 2014.
The learned counsel appearing for the Board on instruction would fairly submit that the said requirement has in fact been complied with and she has also stated in clear terms that the Ambient Air quality recorded by the Project Proponent is within the permissible limit. In the reply stated above, the applicant has given a categorical undertaking that it will eliminate carbon dioxide moulding process and adopt resin sand moulding process and thermal sand reclamation for recycling the entire sand and reuse the sand, at the earliest. In so far as it relates to the Air Pollution control measures, the equipment have been installed according to the applicant, so as not to cause any environment related problems in the vicinity. The applicant has also stated that they have exhibiting the ambient air analysis report taken at the complaining party Mr. Natarajan's house under construction within about 20 meters from the foundry on 11.06.2014 and the results have also been sent to the Board. The test reports and the copies regarding the same have also been enclosed along with the reply to the Board. In spite of the same, the Board appears to have not taken note of the said point and passed the impugned order, as we have stated earlier with total non-application of mind. Now that it is clear that the various requirements contemplated in the show cause notice especially those relating to the online stack monitoring system and the elimination of carbon dioxide moulding process are admittedly being carried on, we are of the considered view that the impugned order passed by the Board has to be set aside. Accordingly, the order stands set aside. However, we grant liberty to the Board to continue to monitor the operation of the applicant foundry and to see that the same is carried out to satisfy the norms prescribed under the pollution laws. Needless to state, the Tamil Nadu Pollution Control Board shall direct the Electricity Board to restore the electricity supply forthwith. We also place on record our appreciation to the learned senior counsel appearing for the applicant who has accepted to send the copy of the order to the Electricity Board for the purpose of restoration of electricity supply. With the above direction the application shall stand allowed and the impugned order set aside and there shall be no order as to cost.