United Breweries Ltd vs Chairperson And Others

S.S.Sundar, J

(1)These two writ petitions have been filed as against the orders passed by the Tamil Nadu Pollution Control Board, directing closure of petitioner Brewery Units with effect from 24.01.2024 with a further direction to disconnect power supply.

(2)The petitioner Units are running Industries operating breweries for the manufacture of Beer. It is admitted that the 1st respondent has granted Consent to the petitioner Units to operate on 07.05.2021 [WP.No.1932/2024] and on 09.07.2021 [WP.No.1933/2024], both under the Air [Prevention and Control of Pollution] Act, 1981 and the Water [Prevention and Control of Pollution] Act, 1974 [hereinafter both Acts are referred to as 'the Air and Water Acts] for the period from 01.04.2021 to 31.03.2023.

(3)The learned Senior counsel appearing for the petitioners also brought to the notice of this Court that applications for Renewal were submitted under the Air and Water Acts, sixty days prior to the expiry of the Consent on 02.02.2023 [WP.No.1932/2024] and on 31.01.2023 [WP.No.1933/2024].

(4)Despite the fact that the applications were not considered for more than four months and there is a provision for deemed Consent by 25.07.2023, the grievance of the petitioner Units is that just the day on which the Closure Order is passed, the 1st respondent has returned the applications for renewal for no reason.

(5)The impugned orders to close the Units were passed based on an inspection on 20.01.2024. It is stated thereafter that the Units had not complied with the following to satisfy the norms both under the Air Act and Water Act:-

Violations under the Air Act:-

WP.No.1932/2024:-

The unit was in operation without valid consent of the Board thereby violating under provisions of the above said Act.

In the OCEMS Trend graph for the period 01.04.2021 to 03.10.2023 obtained from CAC&WQW/TNPCB reveals that the exceedance for the source emission parameters PM [102 times] and data not available from 18.05.2023 to 10.06.2023 and from 19.06.2023 to 03.10.2023 thereby violating condition No1. under the Air Act.

The unit has not connected to the CPCB server till date thereby violating conditions No.2 and 3 under Air Act.

WP.No.1933/2024:-

1.The unit was in operation without valid consent of the Board thereby violating the provisions of the above said Act.

2.The OCEMS Trend Graph from CARE AIR, TNPCB revealed that, there is no data available for Boiler Stack thereby violating condition No.1 under the Air Act.

3.The unit has not connected to the CPCB server till date thereby violating condition No.2 under Air Act.

Violations under the Water Act:-

WP.No.1932/2024:-

The unit was in operation without valid consent of the Board thereby violating under provisions of the above said Act.

The unit has installed 16 EMFM at various locations in the ETP with Online Continuous Effluent Monitoring System [OCEMS] and connected WQW at Guindy. It was notice in the OCEMS Trend graph for the period 01.05.2023 to 16.08.2023 of WQW shows that data is not available and also the camera is NOT connected for ZLD plant thereby violating conditions No.5 under the Water Act.

The unit shall always comply with the Hazardous Waste Rules under the provisions of Hazardous and Other Wastes [Management and Transboundary Movement] Rules, 2016 which is not complied by dumping the ETP sludge inside the premises thereby violating conditions No.9 under the Water Act.

The unit has not provided adequate number of monitoring wells in and around the unit premises and land areas where the treated effluent/sewage is being utilized for gardening and monitor the ground water quality periodically violating the conditions No.11 under the Water Act.

Complaint was received against the unit regarding dumping of waste generated, not in a scientific manner and dumping of waste on their premises without following proper disposal which is violating condition No.13 under the Water Act.

The unit has not removed the entire ETP sludge land filled inside the premises and the area was covered with bushes.

The unit has not properly disposed of the hazardous wastes and not maintained proper records for the same thereby violating additional conditions No.1 of H&OW Authorization issued dated 26.07.2021.

The unit has not followed the guidelines and criteria for handling hazardous wastes prescribed by the CPCB thereby violating additional conditions No.4 and H&OW Authorization issued dated 26.07.2021.

The unit is not having valid consents of the Board under the water Act at all times thereby violating additional conditions No.11 of H&OW

Authorization issued dated 26.07.2021.

The unit is not having valid consent of the Board thereby violating the provisions of the above said Act.

All the components of STP were not operated continuously and efficiently thereby violating the condition no. 1 under the Water Act.

HRSCC, RO plant and MEE were not in operation thereby violating condition no. 3 under the Water Act

The EMFMs & OCEMS are connected to the computer recording system and WOW of TNPCB. But The trend graph for the period 01.01.2023 to till date from CARE AIR, TNPCB reveals that proper data is not available for the above said period for ETP (BOD, COD. pH. TDS, TSS, FLOW) and the indicator is not connected thereby violating the condition Nos 6,7,8,9,10 and 11 of the Water Act.

The unit has not provided adequate no. of monitoring piezometric wells in and around the unit premises and land areas where the treated effluent/sewage is being utilized for gardening to monitor the ground water quality periodically violating the conditions no. 15 under the Water Act.

The unit has not properly disposed of the hazardous wastes and not maintained proper records for the same thereby violating additional conditions no. 1 of H&OW Authorisation issued dated 22.06.2022.

The unit has not followed the guidelines and criteria for handling hazardous wastes prescribed by the CPCB thereby violating additional conditions no. 4 of H&OW Authorisation issued to the unit.

Logbook regarding hazardous waste generation, recycling and disposal was not maintained properly thereby violating additional conditions no. 5 of H&OW Authorisation issued to the unit.

The unit has not taken any steps to reduce the hazardous waste generation year after year thereby violating additional conditions no. 6 of H&OW Authorisation issued to the unit.

10.The unit has not taken effective measures on raw material and water conservation to minimize the generation of hazardous wastes thereby violating additional conditions no 7 of H&OW Authorisation issued to the unit.

11.The unit is not having valid agreement with authorized recycler for disposal of 51 Used/Spent all thereby violating additional conditions no. 8 of H&OW Authorisation issued to the unit.

12.The unit is not having valid consents of the Board under the water Act thereby violating additional condition no. 9 of H&OW Authorisation issued to the unit.

Regarding Violations under the Air Act:-

(6)In view of the fact that the applications for Consent were pending and it was just returned simultaneously just before the Closure Orders were passed, this Court finds that the first reason for closing the Units is improper. The petitioner has submitted explanations to the Show Cause Notices giving details as to the compliance of the requirements and violations that were pointed out in the Show Cause Notices. However, there is no reference to the details submitted by the petitioner to the Show Cause Notices in the impugned orders. Mere reference to the reply and the conclusion based on subsequent inspection on 20.01.2024, may not be proper and the petitioner ought to have been given a further opportunity when the respondents have noticed some defects pursuant to their inspection on 20.01.2024.

(7)Apart from this, the 2nd reason stated in the Closure Reports refers to the non-availability of data for the period from 18.05.2023 to 10.06.2023 and from 19.06.2023 to 03.10.2023 [in WP.No.1932/2024]. It is not stated that the petitioner Unit in WP.No.1932/2024 has not provided data even after issuing the Show Cause Notice.

(8)The third reason stated by the 1st respondent is that the petitioner Units have not connected to the Central Pollution Control Board [CPCB] Server which is in violation of conditions No.2 and 3 [in WP.No.1932/2024] and Condition No.2 [in WP.No.1933/2024] under the Air and Water Acts.

(9)It is the specific case of the learned Senior counsel appearing for the petitioner that the Units are connected to the Tamil Nadu Pollution Control Board Server and there is no problem. Even in their explanation, the petitioner has undertook to connect its Units to the CPCB Server within two weeks.

(10)Therefore, this Court is unable to find any justification for closing the Units for trivial reasons.

Regarding violations under the Water Act:-

(11)The trivial reasons found in the orders impugned is based on the Inspection Reports pursuant to the inspection on 20.01.2024 [in WP.No.1932/2024] and on 23.01.2024 [in WP.No.1933/2024]. When there is a reply to the Show Cause Notices, there is no reference to the compliance reported by the petitioner in its explanations to the show cause notices. The violations pointed out by the 1st respondent are about the past conduct and it is not the case of the Pollution Control Board that the petitioner Units had failed to provide facilities which were available at the time of granting Consent.

(12)Therefore, this Court is unable to find any serious irregularities or violations resulting in unbearable pollution for permitting the petitioner Units to function.

(13)The learned Senior counsel submitted that the petitioner Units undertakes to maintain the standard by keeping RO Plant and MEE are in operation and to ensure the treatment plants functional. The petitioner Units also undertake to provide every other facility for disposal of the hazardous wastes as per norms, reporting zero violation.

(14)Having regard to the nature of the effluent treatment that may be taken as output from the operation of Beer Factories, this Court is convinced that the petitioner Units can maintain the atmosphere surrounding the Units, free from pollution.

(15)Considering the fact that the Units have given employment to more than 100 persons and the petitioner has established its business over a period of time, this Court is unable to discard the submission of the learned Senior counsel for the petitioner that the petitioner Units will be put to irreparable damages in case the Units are closed suddenly.

(16)This Court also considered one of the prime submissions of the learned Senior counsel that the Units have to maintain temperature for storing Ammonia and Carbon-di-oxide. In view of the direction to the Electricity Board to disconnect the power supply, the petitioner Units will not be able to maintain the temperature and there is a possibility of leakage of Ammonia which is dangerous, if the power supply to the petitioner Units is disconnected.

(17)For the reasons stated above and for the reasons stated in the affidavit filed in support of these writ petitions, this Court finds prima facie case and balance of convenience in favour of the petitioner Units to grant interim stay.

(18)Accordingly, there shall be an order of interim stay of the impugned orders for a period of three weeks.

(19)Since there is a direction by the 1st respondent to the Electricity Board to disconnect the power supply to the petitioner Units, the learned Standing counsel appearing for respondents 1 and 2 is directed to inform the Electricity Board, not to disconnect the power supply.

(20)In case, the Electricity Board had disconnected the power supply before the communication of this interim order, the 3rd respondent is directed to restore the power supply to the petitioner Units forthwith.

(21)This interim order is passed subject to the undertaking of the petitioner Units to connect its Units to the CPCB within a period of three weeks.

(22)The learned Senior counsel further submitted that the CPCB shall also cooperate.

(23)It is in the said circumstances, the petitioner is directed to serve a copy of this order to CPCB to seek their cooperation or assistance to connect to the CPCB Server.

(24)Post the matter after three weeks. Counter affidvits of the respondents by then.