Shri N. Selvaraj vs District Collector And Ors

The 5th respondent has been carrying on the Cashew nut roasting factory for the purpose of export in S.No. 58/1A, 1B, Methukummal Village, Vilavancode Taluk, Kanyakumari District. It appears that the 4th respondent unit does not exist and even the 5threspondent who has been running the unit now has changed its name as SreePadmanabha Cashew. The applicant has complained about the functioning of the unit on the ground that the unit is causing enormous air pollution and in fact even the persons who are working in the unit have got occupational diseases to a large extent. The unit has also affected the health of the people including old persons and children in and around the said area causing various diseases and therefore he sought for a direction for closing down the unit.

The Tamil Nadu Pollution Control Board(TNPCB) on direction inspected the unit and filed a report in the month of April 2015. As per the report, it is seen that one Baba Cashew Company has applied for consent to manufacture roasted cashew nut.to the tune of 6 tonnes/month and that application was made on 4.1.2002. The TNPCB has directed the said unit to provide wet scrubber so as to enable the Board to consider consent application. It was at that time a complaint was received from the applicantand subsequently, Baba Cashew was taken over by the 5th respondent. Another complaintwas lodged on 1.1.2009. The said 5th respondent has not applied for consent to the Board. The unit was inspected on 12.2.2009 and a show cause notice was issued as to how the unit can run without obtaining consent. There was no reply by the 5th respondent, hence the Board has recommended for issuing a closure order of the unit. It was only thereafterthat the unit has written to the Board that it has installed the scrubber. Further when inspected on 10.9.2009 it was found that the unit did not provide any wet scrubber but made only a temporary arrangement of water sprinkler without having any provision for collection and treatment of scrubbing effluent, disposal etc.It was with this complaint awrit petition came to be filed in W.P.(MD) No.2735 of 2011 before the Madurai Bench of the Madras High Court which has been transferred to this Tribunal (SZ) as application stated above.

It is now brought to our notice that the 5th respondent has closed the unit and has been taken over by one SreePadmanabha Cashew for whom Mr.Srinivasaragavan, the learned senior counsel has appeared. The said unit was also issued with a show cause notice under Water (Prevention and control of Pollution) Act 1974 and Air (Prevention and Control of Pollution) Act, 1981 on 19.9.2014 and a personal hearing was held on 8.12.2014. Pursuant to further direction of this Tribunal on 25.2.2015, there was an inspection conducted on 26.3.2015 by the Pollution Control Board recorded the following observations:

"The 5th respondent unit was in operation, however in the name of SreePadmanabha Cashew.

The 5th respondent unit was carrying out roasting process.

The 5th respondent unit has provided wet scrubber and stack attached to roasting section. However, the wet scrubber was yet to be commissioned.

The 5th respondent unit has provided oil separation tank followed by a percolation tank for the treatment and disposal of waste water arising from quenching of roasted cashew nuts.

The 5th respondent unit has also provided setting tanks for the treatment of waste water arising from the wet scrubber.

The unit SreePadmanabhaCashnew has not filed application for consent of the Board "

A perusal of the said paragraph shows that while the new unit in the name of Shree Padmanabha Cashew has complied with various requirements, it remains a fact that neither Shree Padmanabha Cashew nor the 5th respondent has made any application for consent to the Board.Taking note of the above facts, the Board'sobservation stating that various measures to curtail pollution have been taken, Shree Padmanaba Cashew has not filed any application for consent having taken ownership from the 5th respondent, we make our following decision.

We are of the view that the said SreePadmanabha Cashew which has taken over the 5th respondent unit shall be held responsible for not following the provisions of law in obtaining consent from the Pollution Control Boardsince such statutory violation has been effected by the said SreePadmanabha Cashew. Taking note of the compliance of various requirements, we propose to invoke the Principle of Polluter PaysonSreePadmanabha Cashew. Factually the manufacturing activity has been carried on atleast from the year 2002 without any consent for, even the project proponent has admitted in the reply that the unit has been functioning for the past 20 years.Hence we impose an amount of Rs.5 lakhs to be paid on the Polluter Pays Principle by the said SreePadmanabha Cashew. The said amount shall be deposited by SreePadmanabha Cashew in favour of the Principal Secretary, Department of Environment and Forest, State of Tamil Nadu within two weeks from today.

We make it clear that as the unit is functioning even today without obtaining the consent to operate, the unit shall be closed immediately and the Board shall ensure the closure by implementing the above said order till consent to operate is granted by the Pollution Control Board in the manner known to law.

After the payment of the above said amount, the project proponent shall be entitled to approach the Pollution Control Board for obtaining consent to establish and operate. Such applications shall be accompanied with the receipt of the deposit of the said amount of Rs.5 lakhs. The Pollution Control Board in such circumstances shall consider the application on merit and in accordance with law and pass appropriate orders.

On filing of such application, the Pollution Control Board shall pass orders as per the procedures expeditiously, in any event within 8 weeks We reiterate that till the date of granting consent to operate by the Pollution Control Board, the unit shall not be permitted to operate.

With the above directions, the application stands closed.