M/s. S.S. Plastic Industries vs Chairman And Ors

This is an appeal filed by S.S. Plastic Industries challenging the order passed by respondent No.1 dated 16.12.2016, under Section 33-A of Water (Prevention and Control Pollution) Act, 1974 directing closure of the unit of the appellant.

The appellant is manufacturing of LDPE Plastic granules. Admittedly, the appellant had not taken the Consent either under Water (Prevention and Control Pollution) Act, 1974 or Air (Prevention and Control Pollution) Act, 1981 and has been operating illegally without an order of Consent.

By the impugned order, closure was directed as the appellant has not obtained Consent under either Water (Prevention and Control Pollution) Act, 1974 or Air (Prevention and Control Pollution) Act, 1981. Though it was contended that no personal hearing was conducted, admittedly no explanation or reply was offered by the appellant, even though a show cause notice was admittedly served and opportunity was granted to submit explanation / reply.

When the appeal was admitted, the learned counsel appearing for the Tamil Nadu State Pollution Control Board (TNPCB) was directed to get instructions. The learned counsel submitted that subsequent to the impugned order, the appellant filed an application for Consent under Water (Prevention and Control Pollution) Act, 1974 and Air (Prevention and Control Pollution) Act, 1981 which was rejected by the TNPCB on 30.01.2017. The remedy is therefore to challenge that order.

In view of the admitted facts, we find no merit in the appeal and it is dismissed with no order as to costs.