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Judgment
The applicant in M.A.No.53 of 2017 as well as Application No.84 of 2017 is carrying on coconut coir pith production units in R.S.Nos.910/2 and 912/1 of AzhaguGoundan Valasu Village, Erode District.
Since there was a complaint of air and water pollution by the activity of the applicant , by order dated 3.2.2016, we have disposed of the earlier Application No.114 of 2015, directing the Tamil Nadu Pollution Control Board (Board) to immediately seal the premises at R.S.No.910/2 of Azhagu Goundan Valasu Village, Erode District. In the said order we have also directed that the unit shall comply with the emission and Ambient Air Quality standards prescribed by the Board. At that time it was the contention of the Board that the activity of the applicant falls under 'green' category which requires 'consent'. Taking note of the fact that the applicant unit has not obtained 'consent' we have passed closure order.
Pursuant to the said order, it appears that the Board has sealed not only premises in R.S.No.910/2 but also premises in R.S.No.912/1 which is stated to be by mistake.
It is in those circumstances, the applicant has filed M.A.53 of 2017 in Application No.114 of 2015 and Application No.84 of 2017 praying for direction against the Board to de-seal both the premises to enable the units to run.
When the applications came up for admission, by order dated 25.4.2017, we have directed the Board to inspect the premises and file a report. Accordingly, the Board has filed the report dated 3.6.2017. In the report the Board has stated that samples of well water were collected on 24.5.2017 during the period of operation of the units from three locations viz., (1) M/s. Sri Sowparnika Coir Pithu Products at S.F.No.912/1 (2) M/s. Sowpoarnia Coir Industries at S.F.No.910/2 and (3) public bore well located at 70 m away from the units.
It is stated that the water samples were sent for analysis to the Advanced Environmental Laboratory, Salem. The analysis report shows that the parameters were within the permissible limits of standard for drinking water. There was no considerable change in the chemical parameters analysed in the samples collected before and after the said date. It is also stated by the Board that the units which were earlier categorised as 'green' category, have become 'white' category, as per the direction of the Central Pollution Control Board dated 7.3.2016 wherein the Central Pollution Control Board has clearly classified coir industry as 'white' category. Therefore, there is no necessity for obtaining 'consent to operate' for white category industries and an intimation has been given to the Board.
In so far as it relates to the Ambient Air Quality, it is stated by the Board that the unit was de-sealed on 11.5.2017 and again sealed on 25.5.2017 and it was only 14 days of working of the unit within which Ambient Air Quality Survey could not be conducted.
In view of the above categoric statement made by the Board, clearly stating that there is no necessity to get 'consent' for these units and the water quality as per the analysis report has not been affected because of running of these units, we dispose of the applications with a direction to the Board to pass appropriate orders regarding de-sealing of the premises, after conducting further inspection, if necessary, within one week from the date of receipt of copy of this order. We also make it clear that even if order is passed directing the applicant unit to operate, the Board has not only continue to monitor the working of the unit but also Ambient Air Quality should be ascertained after the running of the unit for sufficient period.
With the above directions, the application as well as M.A.No.53 of 2017stand disposed of. There shall be no order as to cost.