Shri A. Balakrishnan And Ors vs Secretary To the Government Of Kerala And Ors

Heard the counsel for applicants. The applicants herein have brought forth this application to restrain the Kerala State Pollution Control Board (Board) from granting any Consent to Establish for the 7th respondent for establishing the industry in question which is graded "Red Category" under the provisions of Water (Prevention and Control of Pollution) Act and Air (Prevention and Control of Pollution) Act and demolish the illegal construction done by the 7th Respondent. On notice the counsel for the respondents entered appearance.

The case of the applicant is that the 7th respondent was proceeding with the construction illegally since it was being done without obtaining any permission either from the local authorities or Consent to Establish from the Board as required in law. A specific defence of the 7th respondent against whom the allegations were made was that the construction was being proceeded with on the strength of the clearance given by the 6th respondent dated 25.9.2013. It was brought to the notice of the Tribunal that the application made by the 7th respondent seeking Consent to Establish was pending in the hands of the Board for a long time. On verification, the statement was found to be correct. Under the circumstances, the Tribunal thought it fit and proper to issue direction to the Kerala Pollution Control Board (Board) a party respondent herein to consider the application of the 7th respondent for Consent to Establish on merits in accordance with law within a period of one month from the date of the order namely 7.11.2014. Now it is reported by the Counsel for the Board that the application of the 7th respondent was considered and Consent to Establish the industry has been given by an order dated 7th January, 2015 a copy of which is placed for perusal. A perusal of the said Consent order is Consent to Establish would make it evident that the Consent was given attached with a number of conditions found therein. Since the Consent to Establish has been granted as found therein there cannot be any impediment for the 7th respondent in establishing the industry subject to the compliance of the conditions found therein. While doing so, if there are any violation or non observations of the conditions found therein, there is no impediment for the Board to take necessary action in that regard. It is also further clear that if the authorities of the Board on inspection on the strength of the compliance if the Pollution Control Board is not satisfied with the conditions attached to Consent to Establish, Consent to Operate would not follow. Hence, at this juncture, recording the statement made by the counsel for the Board and also the fact of issuance of the Consent to Establish, the application has got to be disposed of. If there is any violation of the conditions found therein, there is no impediment for the applicant to approach the appropriate forum to ventilate his grievance for necessary redressal. Accordingly, the application is disposed of. No cost.