BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25/01/2007
CORAM :
THE HONOURABLE Mr.JUSTICE DHARMA RAO ELIPE
and
THE HONOURABLE Mr.JUSTICE P.P.S.JANARTHANA RAJA
W.P. (MD)NO.1277 OF 2006
and
W.P.M.P.Nos.1432 & 3672 of 2006 of 2006.
P.Krishnan .. Petitioner
Vs
1.Tamil Nadu Pollution Control Board
rep. by its Member Secretary
76, Mount Road, Guindy,
Chennai 600 032.
2.The District Environment Engineer,
Tamil Nadu Pollution Control Board,
Tirnelveli 10.
3.The Commissioner
Mannur Panchayat Union,
Mannur, Tirunelveli District.
4.South India Bottling Company pvt. Ltd.,
Alsa Mall, 4 & 6, 3rd Floor,
149, Montieth Road, Egmore,
Chennai 600 008.
5.State Industries Promotion Corporation of
Tamil Nadu Ltd., (SIPCOT)
19-A, Rukmani Lakshmipathy Road,
Egmore, Chennai 600 008. .. Respondents
The above Writ Petition was filed under Article 226 of The Constitution of
India praying for the issuance of a Writ of Certiorari to call for the records
relating to the impugned Consent Order No.81/2004 dated 3.3.2005 - Proceedings
No.DEE/TNV/F 1050/O/L/A/2005 dated 3.3.2005 passed by the respondents 1 & 2 and
quash the same.
!For Petitioner : Mr.G.R.Swaminathan
^For Respondents : Mr.R.Raman
1and 2
For 3rd Respondent : Mr.K.Mahendran
For 4th Respondent : Mr.G.Masilamani, Sr.Counsel for
Mr.K.Mthuramalingam
For 5th Respondent : Mr.G.Praburajdurai for
Mr.V.Ramalingam
:ORDER
(Order of the Court was made by DHARMA RAO ELIPE, J.)
The above writ petition was filed against the impugned Consent Order
No.81/2004 dated 3.3.2005 – Proceedings No.DEE/TNV/F/1050/L/A/2005 dated
3.3.2005 passed by the first and second respondents in favour of the fourth
respondent to start an Industry, on the ground that though the fourth respondent
submitted an application dated 28.2.2005, the first respondent Board without
observing the just formality of holding enquiry, in a mechanical manner ought
not to have issued the Consent Order dated 3.3.2005. Therefore, it is contended
by the learned counsel for the petitioner that the consent given by the first
respondent was in contravention of Section 25 of the Water (Prevention and
Control of Pollution) Act, 1974.
2.To test the veracity of the contention raised by the learned counsel for
the petitioner, we have gone through the provisions of law applicable to the
above said Act. Section 25 of the Act contemplates the restrictions on new
outlets and new discharges. Subject to the provisions of this section, no
person shall, without the previous consent of the State Board,-
a)establish or take any steps to establish any industry, operation or
process, or any treatment and disposal system or any extension or addition
thereto, which is likely to discharge sewage or trade effluent into a stream or
well or sewer or on land; or
b)bring into use any new or altered outlet for the discharge of sewage; or
c)begin to make any new discharge or sewage:
Further sub section 2 of Section 25 of the Act contemplates that an application
for consent of the State Board under sub-section (1) shall be made in such form,
contain such particulars and shall be accompanied by such fees as may be
prescribed. Sub section 3 of Section 25 of the Act is relevant for the purpose
that the State Board may make such inquiry as it may deem fit in respect of the
application for consent referred to in sub-section (1) of Section 25 of the Act
and in making any such inquiry, shall follow such procedure as may be
prescribed.
3.Therefore, the writ petition relying on sub section 3 of Section 25 of
the Act contemplates for making such application for grant of consent of the
Board in making any such inquiry as it may deem fit in respect of the
application for consent referred to sub section 1 of Section 25 of the Act. In
the case on hand, the fourth respondent admittedly was already granted
permission to start the industry.
4.As seen from the counter filed by the fourth respondent, the fourth
respondent applied for consent for establishing the unit to produce the
following soft drink products by utlizing the water supplied by SIPCOT.
1. Coco Cola
2. Fanta
3. Limca
4. Thums Up
5. Carbonated/no carbonated
6. Spirte
7. Maza
In the counter it is stated that the fourth respondent applied for consent to
establish the soft drink manufacturing unit in the site of SIPCOT near
Pirancheri Village of Tirunelveli District and the first respondent vide letter
dated 25.10.2004 asked fourth respondent to furnish certain additional
particulars. Thereafter, the fourth respondent also made a revised application
dated 29.10.2004 to the first respondent. Thereafter on 21.10.2004 SIPCOT has
agreed to supply 600 KLD of water to the fourth respondent subject to the
availability. After secrutinising and complying with all the procedures, the
first respondent issued the Consent Order to establish the unit under Section 25
of the Water (Prevention and Control of Pollution) act, 1974 as amended under
Section 21 of the Air (Prevention and Control of Pollution) Act, 1981, vide
proceedings dated 19.11.2004. Therefore, the fourth respondent obtained fresh
allotment of water supply from SIPCOT vide letter dated 22.2.2005 and thereby
the quantity of water supply was enhanced from 600 KLD to 900 KLD. Thereafter,
on the basis of above additional water supply, on 28.2.2005 the fourth
respondent applied for consent with the revised proposal on the treatment and
disposal of domestic sewage and trade effluent. Since the original application
dated 14.10.2003 was considered after thorough enquiry, the first respondent
issued the revised consent to establish the unit for the enhanced production
capacity vide proceedings dated 3.3.2005.
5.With regard to the counter filed by the first and second respondents, it
is stated that as per the application submitted by the fourth respondent,
enquiry was already conducted on 17.2.2006 to start the Industry as per Section
25 of the of the Water (Prevention and Control of Pollution) Act, 1974 and that
the consent was given in accordance with the conditions laid down under section
25 of the Act.
6.The learned counsel for the fourth respondent in support of his
contention submitted that the fourth respondent’s unit falls under the category
of food and beverage which was classified as orange category of Industries and
hence there was no necessity of public hearing under the Environmental Impact
Assessment Notification issued in the year 1994 by the Government of India.
7.After hearing the counsel appearing for parties and considering the fact
that as on today, the above said Industry has not started its production, we
cannot interfere with the utilisation of water supplied by SIPCOT. The main
issue in the writ petition is with regard to the Consent Order given as per
Section 25 of the Act on the basis of the application dated 28.2.2005 by
respondents 1 and 2 on 3.3.2005 and the objection is that the consent was given
without any proper enquiry as required under sub-section 3 of Section 25 of the
act. But as stated above, the consent was given by the respondents 1 & 2 on
3.3.2005, only after conducting enquiry for expansion of the Industry.
Therefore, it is open to the Board to conduct the public hearing if they deem it
is necessary. Further, we notice that as per Section 27 of the Act the refusal
or withdrawal of consent lies with the State board and as per Section 28 of the
Act, any person aggrieved by an order made by the State Board under Section 25
of 26 or section 27 may, within thirty days from the date on which the order is
communicated to him, prefer an appeal to the State
Government, But the petitioner without availing the effective alternative
remedy, straight away approached this Court. Therefore, on this ground also,
the writ petition is liable to be dismissed.
8.We find no reason to interfere with the orders passed by the respondent
Nos.1&2 in the writ petition and therefore the same is dismissed. No costs.
Consequently, connected Miscellaneous Petitions are closed.
TO
1.The Member Secretary
Tamil Nadu Pollution Control Board
76, Mount Road, Guindy,
Chennai 600 032.
2.The District Environment Engineer,
Tamil Nadu Pollution Control Board,
Tirnelveli 10.
3.The Commissioner
Mannur Panchayat Union,
Mannur, Tirunelveli District.
4.South India Bottling Company pvt. Ltd.,
Alsa Mall, 4 & 6, 3rd Floor,
149, Montieth Road, Egmore,
Chennai 600 008.
5.State Industries Promotion Corporation of
Tamil Nadu Ltd., (SIPCOT)
19-A, Rukmani Lakshmipathy Road,
Egmore, Chennai 600 008.