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Judgment
The counsel for the parties are present. The Appeal Nos. 3 of 2013 to 14 of 2013 have been brought forth by the appellants who are different stone crushing Units whereby the closure order served upon those Units are challenged. Admittedly, the same Units have already preferred their appeals on the rejection of their applications seeking Consent to Operate which are pending before the Appellate Authority, Tamil Nadu Pollution Control. Thus, it would be clear that these appeals namely Appeal Nos. 3 of 2013 to 14 of 2013 were filed during the pendency of the appeals by the said Units before the Appellate Authority- Tamil Nadu Pollution Control. It is not in controversy that the closure orders served upon those Units have got to be necessarily challenged before the Appellate Authority, Tamil Nadu Pollution Control at the first instance. Under the circumstances, the Tribunal is of the considered view that the appellants cannot be permitted to prosecute the appeals before this forum by-passing the statutory remedy available under the statute. In view of the same, all these appeals are disposed of with liberty to the appellants to approach the Appellate Authority- Tamil Nadu Pollution Control for appropriate reliefs. With the above observation, the Appeal Nos. 3 of 2013 to 14 of 2013 are disposed of.
In so far as the Appeal Nos. 24 of 2013 to 38 of 2013 and 41 of 2013 are concerned, it is submitted by the counsel for the appellants that all these appeals were filed challenging the order of closure served by the Tamil Nadu Pollution Control Board (Board) on those Units alleging violation of law and aggrieved over the said order of closure those crushing Units have brought forth these appeals. It is noticed that the appellants have approached this forum by-passing the statutory remedy available under the statute. Hence, it would suffice to record the order of disposal of those appeals with liberty to the appellants herein to approach the Appellate Authority, Tamil Nadu Pollution Control for necessary reliefs. With the above observation, the Appeal Nos. 24 of 2013 to 38 of 2013 and 41 of 2013 are disposed of.
It is submitted by the counsel for the appellants that all the above Units continue to operate pursuant to the interim order granted by this Tribunal and if that order is not continued, the appellants apprehend that the Board would take immediate measures for stopping the operation of their units and hence necessary directions in that regard have got to be given. The Tribunal heard the counsel for the respondents Board. In view of the above situation, it becomes necessary to require the Appellate Authority, Tamil Nadu Pollution Control to dispose of the above appeals within a period of two months herefrom during which period the interim order will be in force.
Accordingly, the Appeal Nos.3 of 2013 to 14 of 2013, 24 of 2013 to 38 of 2013 and 41 of 2013 are disposed of.
No cost.