BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE …awsassets.wwfindia.org/...manickam_v__the_chairman...1 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE CHENNAI Application No

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BEFORE THE NATIONAL GREEN TRIBUNAL

SOUTHERN ZONE CHENNAI

Application No. 225 of 2014(SZ)

Sri. C. Murugan, Proprietor

M/s. Manjunath Dying Works

No. 7, 26th

Cross

Anekallappa Mutt Lane

Cubbonpet

Bangalore 560 002 ......Applicant

Vs

1. The Member Secretary

Karnataka State Pollution Control Board

Parisara Bhavan, 1st

to 5th

Floor

49 Church Street

Bangaglore 560 010

2. Karnataka State Pollution Control Board

Regional Office

Bangalore City West

“Nisarga Bhavan”, 1st Floor

Thimmaiah Road, 7th

‘D’Cross

Shivanagar, Opp. Pushpanjali Theatre

Bangalore 560 010

3. The Executive Engineer- West Division

BESCOM Nrupathunga Road

Near Janardhan Hotel

Bangalore 560 001 .......Respondents

Counsel for the Applicant

1. M/s. V. Suthakar

2. Mr. K.S. Viswanathan

Conusel for the Respondents

1. M/s. R. Thirunavukarasu

Mrs. Swarnalatha - R1 and R2

2. Mr. Devaraj Ashok- R3

Application No. 20 of 2015(SZ)

M/s. Sri Guru Krupa Dyeing Unit

Represented by Sri. N. Raja Gopal

S/o. D.Narayan

2

No. 3, Ganigara ‘B’Lane,

Cubbonpet,

Bangalore- 560 002 .....Applicant

Vs

1. Karnataka State Pollution Control Board,

Regional Office, Banglore City West,

Nisaraga Bhavana, 1st Floor,

7th

‘D’Main, Thimmaiah Road,

Saneguruvanahalli,

Shivanagar,

Bangalore- 560 010.

2. The Environmental Officer

Karnataka State Pollution Control Board,

Regional Office, Bangalore City West,


7th


Saneguruvanahalli,

Shivanagar,

Bangalore- 560 010.

3. The Chairman B. W.S.S.B,

5th

Floor, Kaveri Bhavan

K.G Road,

Bangalore.

4. The Joint Commissioner- West

BBMP Sampige Road,

Sheshadripuram,

Opp to Mantri Mall,

Bangalore.

5. The Executive Engineer,

West Division

BESCOM Nrupathunga Road,

Near Janardhan Hotel,

Bangalore – 560 001. ......Respondents


M/s. S. Kolandasamy

C.S. Saravanan

Counsel for the Respondents

M/s. R. Thirunavukkarasu

Mrs. M. Swarnalatha- R1 and R2

Mr. Devaraj Ashok- R3

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Application No. 21 of 2015 (SZ)

M/s. Venkateshwara Dyeing Works,

Represented by R. Venkatesh,

No.7, Ganigara Lane,

Maldharpet, Bangalore – 560 002. ....Applicant

Vs




7th


Saneguruvanahalli,

Shivanagar, Bangalore – 560 010.

2. The Environmental Officer




7th


Saneguruvanahalli,

Shivanagar,

Bangalore- 560 010.

3. The Assistant Executive Engineer,

S 2 Sub Division, BESCOM

No. 11/3, Near MICO,

Hosur Road, Bangalore- 560 030 .......Respondents


M/s. S. Kolandasamy

Mr. C.S. Saravanan





Application No.22 of 2015

M/s. Ramachandra Dyeing,

Represented by R. Gopal Rao,

Cubbonpet,

Bangalore- 560 002. .......Applicant

Vs



4


7th


Saneguruvanahalli,


2. The Environmental Officer,




7th


Saneguruvanahalli,

Shivanagar,

Bangalore- 560 010.




Hosur Road, Bangalore- 560 030 ......Respondents


M/s. S. Kolandasamy

Mr. C.S. Saravanan





Application No. 23 of 2015

M/s. Manickam Dyeing Works,

Represented by K. Manickam,

No. 8, Chowlugalli,

Cubbonpet, Bangalore- 560 002. .......Applicant

Vs




7th


Saneguruvanahalli,




5



7th


Saneguruvanahalli,

Shivanagar,

Bangalore- 560 010.




Hosur Road, Bangalore- 560 030. ......Respondents


M/s. S. Kolandasamy

Mr. C.S. Saravanan






M/s. Mani Dyeing Works,

Represented by K.R. Mani,

No. 61, Nagarthpet,

Cubbonpet, Bangalore- 560 002 .......Applicant

Vs




7th


Saneguruvanahalli,






7th


Saneguruvanahalli,

Shivanagar,

Bangalore- 560 010.

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M/s. S. Kolandasamy

Mr. C.S. Saravanan



Mrs. M. Swarnalatha for R1 and R2



M/s. Pawar Dyeing Unit,

Represented by P.P. Ganapathi SA

No. 43, Sunkalpet Main Road,

Cubbonpet, Bangalore- 560 002. ......Applicant

Vs




7th


Saneguruvanahalli,






7th


Saneguruvanahalli,

Shivanagar,

Bangalore- 560 010.




Hosur Road, Bangalore- 560 030. .....Respondents


M/s. S. Kolandasamy

Mr. C.S. Saravanan



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Mrs. M. Swarnalatha for R1 and R2



M/s. Shyam Dyeing Works,

Represented by Shyam Sundar C.M

No. 17, Ganigara ‘A’ Lane,

Maldharpet, Bangalore- 56002 ......Applicant

Vs




7th


Saneguruvanahalli,






7th


Saneguruvanahalli,

Shivanagar,

Bangalore- 560 010.






M/s. S. Kolandasamy

Mr. C.S. Saravanan






M/s. Om Sakthi dyeing Works,

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Represented by Lakshmi Narayana M.

2nd

Cross Cubbonpet,

Bangalore- 560 002. ......Applicant

Vs




7th


Saneguruvanahalli,






7th


Saneguruvanahalli,

Shivanagar,

Bangalore- 560 010.






M/s. S. Kolandasamy

Mr. C.S. Saravanan






M/s. Sobha Dyeing,

Represented by Chandramma,

Cubbonpet,


Vs




7th


Saneguruvanahalli,

9






7th


Saneguruvanahalli,

Shivanagar,

Bangalore- 560 010.






M/s. S. Kolandasamy

Mr. C.S. Saravanan






M/s. Raju Dyeing Unit,

Represented by Shyam sundar,

Cubbonpet,


Vs




7th


Saneguruvanahalli,






7th


Saneguruvanahalli,

Shivanagar,

Bangalore- 560 010.

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M/s. S. Kolandasamy

Mr. C.S. Saravanan





Appeal No. 02 of 2015

M/s. Padmanabha Dyeing Unit

Represented by its Partner and Occupier,

Mr. T.G. Ravikiran,

No.12, 2nd

Cross, Vinobhonagar,

Lalbagh Road, Bangalore. ....Appellant/Applicant

Vs




7th


Saneguruvanahalli,






7th


Saneguruvanahalli,

Shivanagar,

Bangalore- 560 010.





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Counsel for the Applicants

M/s. K. Ravi Anantha Padmanaban

Raja Raja Chozhan




Mr. Devraj Ashok - R3

QUORUM:

Hon’ble Justice Dr. P. Jyothimani (Judicial Member)

Hon’ble Prof. Dr. R. Nagendran (Expert Member)

JUDGEMENT

Delivered by Hon’ble Justice Dr. P. Jyothimani (Judicial Member) dated 15th

May

2015

1. Whether the judgement is allowed to be published on the Internet yes/no

2. Whether the judgement is to be published in the All India NGT Reporter yes/no

1. The issue arising in all these applications and appeal relate to the silk yarn dyeing industries

run in large number in the congested area in Cubbonpet, at Bangalore. There appears to be some

25 such units in the said area, carrying on the dyeing process including bleaching, weaving, right

from soaking the yarn and ultimately supplying to the wholesalers. The units are stated to be

runnig on small scale basis by the families in the said area called as ‘Silk Hub’ with three to ten

employees.

2. The Karnataka State Pollution Control Board, having found that these units engaging in

fabric dyeing and washing activity are discharging untreated dyeing effluents to the BWSSB

sewer line without valid consent of the Board and based on the complaints received from the

residents regarding water and air pollution from the units, issued closure orders against which

appeals were filed and the Karnataka State Appellate Authority, Bangalore, after granting orders

of stay has ultimately set aside the closure orders on the ground of violation of the principles of

natural justice, and remanded the matter back to the Board to hear the parties and pass

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appropriate orders. It was thereafter, the Board after giving personal hearings and finding that

these units are operating without valid consent from the Board in the residential area discharging

trade effluents to the open and without treatment and without trade licence which have expired

and after giving subsequent notices and hearings, has passed orders of closure under Section

33(A) of the Water (Prevention & Control of Pollution ) Act,1974 and Section 31(A) of the Air

(Prevention &Control of Pollution) Act 1981 against which the present applications and appeal

are filed.

3. The case of the applicants and the appellant is that the closure orders have been passed

without application of mind, that when the earlier order of closure was passed, an appeal was

filed before the Appellate Authority and during the pendency of those appeals the impugned

orders came to be passed and hence they are hit by the principles of lis Pendens that the

impugned orders have not considered anything contained in the replies, that the analysis reports

based on which the closure orders were passed have not been communicated to the applicants

and the appellant and that the orders have been passed on the erroneous assumption that the units

are situated in the residential area.

4. The above averments have been repudiated by the respondents stating that the units are using

about 200 litres of water per day for removing the gum from the raw yarn and the waste water is

directly let into drain and thereafter the dyeing activity starts during which, water is heated in a

stainless steel tank using LP gas and thereafter colour dye is added to the hot water as per the

requirement of the customers, the yarn is soaked in the dye bath for a pre determined duration

and afterwards the dyed yarn is dried and in that process the unit generates about 400 to 500

litres of wastewater which is again discharged into the BWSSB drain without any treatment, that

the chimneys provided in these units are not adequate and there are no porthole and platform

provided to the chimney to monitor the air emission, that it was observed on inspection that these

units are established without consent from the Board under the Water and Air Acts, that the units

are found to exist in the residential area, that during the personal hearing the units were informed

that they make necessary arrangements to dispose effluents after treatment in a CETP or they

should shift from the place, that even in the earlier round of litigation the Appellate Authority

has in fact directed closure on the ground that the trade licence has expired, that samples

collected on 28-06-2013 and subsequently analysed show that the parameters in respect of

various environmental reqirements are above standard, that the Hon’ble Principal Bench of the

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NGT has held in Application No . 37/2013 that the Pollution Control Boards should not allow

any industries to carry on their activities without valid consent and that proper personal hearing

was given to all the units before passing the impugned orders.

5. Before going into the merits of the cases it is relevant to point out that in Application No.

225/2014 this Tribunal has granted an order of interim stay of closure order on 27-08-2014 by

virtue of which it appears that the said unit is carrying on its activities as on date. However, there

is no such order in respect of the other units and we are informed that the other units have

stopped their activities consequent to the impugned orders of closure. Subsequently, by an order

dated 05-02-2015, this Tribunal has constituted a committee which consisted of an Advocate and

an Associate Professor of the Department of Environmental Science, St. Joseph’s College,

Bangalore, to visit the spot to find out the status of the units in respect of the scale of operation,

sources of effluent generation, storage and disposal methods, feasibility of conveying the effluent

to the treatment plant through the BWSSB sewerage system, alternate remedy for safe disposal

of effluent and other environmental aspects and to file a report.

6. Accordingly, a detailed report has been submitted by the Court Commissioners on 22-04-

2015. No one of the parties have filed any objection to the report. On the other hand, all of them

are unanimous that the report which was admittedly prepared after inspection in the presence of

the parties is fair. After giving a general finding that the area namely, Cubbonpet is a ‘silk hub’

in Bangalore and the area consisted of congested streets and lanes with wall to wall construction

of houses with a fully closed and compact underground sewerage/drainage system that the units

are carrying on activities right from spinning the yarn, bleaching and dying, weaving and

supplying to the wholesalers in small and invariably run by families, the report has observed as

follows;

1) ‘All the units are small scale:

2) All the 12 units are run in parts of the residential houses and do not have

any sign boards or industry like structures. As we enter the house, in a

portion of the same, mostly in ground floor, these units are run. The steel

baths are imbedded in masonary construction of hearth where firewood is

used or steel baths are kept on a platform where steam boilers are used. In

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some units steam boilers are placed at a safer distance outside the

processing site but within their premises and in some units boilers are kept

next to the processing area.

3) The nature of activities in the 12 units is that they have job work of:

a) Bleaching the silk yarn by dipping them in soda ash mix in hot

water at about 60 degree C and the yarn is kept soaked in this

water for about 2 to 3 hours and thereafter, taken out and washed

in ordinary water in room temperature and thereafter, dried and

sent back to the suppliers for further processing:

b) Bleaching and dying are done simultaneously by adopting the

same method of soaking the silk yarn in the water containing the

bleaching and dying agent and after keeping the same for 2 to3

hours, the yarn is taken out and washed in water at room

temperature ,dried and sent back to the suppliers:

c) Some of the units are involved in bleaching of woven silk

fabric instead of silk yarn but however, following the same

method;

4) Their scale of operation is between 15 kg and 50 kg of yarn per day. 50kg

seems to be the maximum capacity which can be dyed or bleached, if the

unit works full house to full capacity.

5) All these units generally use water from their own bore wells and the total

water requirement is between 300 and 4000 litres depending on the load.

Of the total water use, about 10% is mixed with bleaching or dyeing agent

and the quantity of water used is generally to the level required to soak

the 10 or 15 kg of yarn as required. Of which, it seems about 50-60% will

get soaked into the yarn and the rest will be the effluents generated. As per

the applicants, the effluents will not be discharged out immediately of the

Dye Bath (tub) because the spent water is reusable as long as the shade of

the colour is the same. As per their practice, normally if they take up, for

instance `green ‘ shades, they will go for all shades in green by mixing

green colour or dyes in various proportions, but they will only add further

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necessary quantities of water and dyeing agent. But, they need not take out

the residual water which is the effluent. Until the necessity arises for them

for change of colours, there will be no effluents. Only at the time of

changing of colour, they take out the residual water which is the final

effluent containing the mixture of dyes and other additives. They have

their own Research and Development as they have been doing this trade

for a long period of time say between 15 and 35 years.

6) This apart, after taking out the soaked yarn after two or three hours

from the dyeing or bleaching tub, they wash it in water in room

temperature and according to the petitioners, it is only the silk yarn dust or

other impurities alone get cleaned in the water.

7) All the applicants are letting in these two types of effluents into the

sewerage through the hole fitted with a small metal screen which is

located close to gutter. One of the applicants, i.e, Padmanabha Dyeing,

which is a bleaching unit alone, collects the effluents in an underground

sump and treats the same with Alum and thereafter, lets the effluent into

the sewerage. Another four of the applicant units bleach the effluents with

hydrosulfite and thereafter, they let it in to the sewerage. The rest of the

applicants let the effluents directly into the sewerage.

8) In all the units, three types of technology is used:

a) Provision is made for heating the dyeing/bleaching-bath directly

by use of firewood. Wherever firewood is used, a chimney pipe of

around 15 to 20 meters height have been installed for letting out

the smoke;

b) In some of the units, instead of firewood, gas cylinders have been

installed for heating the water.

c) There is a separate boiler in which, the water is heated by using

firewood and the steam is let into the dyeing or bleaching bath.

9) All the units except M/S Manjunatha Dyeing Works were not functioning

at the time of inspection.

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10) The containers and the boxes containing the dyes and chemicals used are

ascertained from the applicants and inspected. Normally, all the applicants

use Azo-free dyes for dyeing and Tata Soda Ash for bleaching. It is

represented that these dyes which are used for dyeing the silk are natural

dyes in a majority of cases and are very safe dyes.

11) We found in all the units, labourers and members of the family of

the units in a hale and healthy condition and they do not suffer from any

kind of occupational and other diseases due to the use of these chemicals

in spite of being residing in the same place for generations together and

decades together (or) psychologically acclimatized to the work site

environment.’

7. The Court Commissioners in their report have also stated ‘ it seems that the vital parameters

such as pH, BOD, and heavy metals find place in the effluent well above the permissible limit

and therefore it may not be advisable for the effluent to be directly discharged into the sewerage

whatsoever the miniscule or negligible quantity may be. The BOD value in all samples was

found to be several fold higher than that of the permissible limit of 30mg/L and such a heavy

load of BOD will definitely affect the efficiency of STP downstream. The effluents with high

alkalinity originating from bleaching units will upset the biological treatment of STP as it is

detrimental to microbial population.’ After individual findings and observations in respect of

each unit, the Commissioners have given their suggestions in two heads namely, TEMPORARY

and PERMANENT.

8. The suggestions of the Court Commissioners under temporary head are:

1) On-site storage facility; All units are stated to have enough space to have

storage tanks of about 1000 litres capacity or more in which effluents can be

collected and stored and then transported through vehicles like container

lorries with suction facilities and taken away to any one of the Common

Effluent Treatment Plants. As these units are located in narrow lanes, the

effluents thus stored can be sucked in the tanker at proximity on the arterial

road. A decision is to be taken as to whether the used water for washing

should also be collected in the storage tank.

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2) Set-out and Set-back Service; The crew of the tanker after emptying the

contents shall replace the storage tankers in their original place on weekly

basis and to avoid spillage of effluents on the passage wheel barrow or

trolleys can be used and such operations may be avoided during peak hours.

3) Assistance from BWSSB: The BWSSB may be approached for assistance to

avail tanker facility temporarily till the occupiers have their own. The report

also suggests to examine the feasibility of treatment unit recommended by

R&D of Central Silk Board with a periodic maintenance and standard as

prescribed by the State Pollution Control Board. That apart, the report also

suggests that the State Small Industries Development Corporation Limited

may also be approached for financial assistance.

9. The suggestion under permanent measure are;

1) Relocation: As there is no possibility of a CETP for these units since there are

no adequate vacant site nearby area, the long term solution should be to

relocate these units out of the city with adequate treatment facility with water,

transport and other facilities and such relocation can be in a time bound

manner say in 2 to 3 years.

2) Effluent Collection Line: Alternatively as a long term measure, it is suggested

that the Government can provide a separate effluent collection line for the

entire area of Cubbonpet to facilitate single point collection of effluent so that

the small industries can exist in the same place.

10. The learned counsel appearing for the applicants as well as the respondents would submit

that the Court Commissioners report is an exact picture of the real fact and that any order passed

in line of the report is acceptable. We have considered the entire pleadings, documents and the

report of the Commissioners in their proper perspectives and given our anxious thoughts to the

issues involved in this case.

11. The issues involved in these cases can be usefully framed as follows:

1) Whether the applicant units are run authorisedly following the pollution

norms?

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2) Whether the impugned orders of the State Pollution Control Board in directing

closure of the units are valid in law?

3) To what relief the applicants/appellant are entitled to?

4) What other orders to be passed in the interest of maintaining proper

environment in the Area?

12. The first and second issues can be taken together to precisely decide the questions involved

in this case. Admittedly, the applicants units numbering 12, apart from some other units in

Cubbonpet, Bengaluru, called ‘silk hub’are traditionally run for the past nearly 20 years as small

scale family units carrying on the business in manufacturing and trading silk saries, dhoties etc.

Their activities include spinning, bleaching and dyeing yarn and supplying to the traders as

found in the commissioner’s report. Each of the units approximately generates about 400 to 500

litres of wastewater which is discharged into BWSSB drain every day, some partially treating

and other without any treatment as also found in the report of the Court Commissioners. It is the

case of the State Pollution Control Board that these units provide chimneys to the boiler which

are not adequate and there are no porthole and platform to monitor air emission. The samples

collected were analysed by the Central Environmental Agency and found that all parameters are

above the prescribed standard. Further the units have been run without valid prior consent from

the Pollution Control Board.

13. Section 25 of the Water (Prevention &Control of Pollution) Act 1974 states in no uncertain

terms that no person shall without previous consent of the State Board, establish any industry or

any system which is likely to discharge effluent or sewage into stream etc, with only concession

to the existing industries as on date of operation of the said Act to continue for a period of three

months within which period consent should be obtained from the Board. Similar is the provision

of Section 21 of the Air (Prevention &Control of Pollution) Act 1981. In the light of the specific

provisions of law and on the undisputed facts mentioned above and found by the Commissioners,

we have no hesitation to hold that all these units are unauthorised and the impugned orders

cannot be found fault with. The complaints made by these parties in so far as it relates to the

fact that they were not heard has no legs to stand, as we are fully satisfied that sufficient

opportunity has been given to all. Further, we are informed that all the units have been closed

except M/S Manjunath Dyeing Work, applicant in Application No. 225/2014 which has the

benefit of the order of stay. Issue number 1 and 2 are answered accordingly.

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14. In respect of the third issue, while it is not in dispute that these units are running without

consent and they have also not taken any steps even to apply for consent, as per the established

judicial precedents, they are not entitled to run the units. We take note of the fact

that all the units except the above said M/S Manjunath are closed as on date .We direct that the

closure of all these units shall continue till the Pollution control Board passes order subject to the

conditions stipulated below. Applying the principles of sustainable development to the facts of

the present case and taking note of the fact that these are small and tiny units in existence for

quite a long number of years and there are no much pollution issues as stated by the Court

Commissioners, we direct all the applicants to apply to the State Pollution Control Board with all

necessary particulars and fees within one week from the date of receipt of this order along with a

copy of this order. On receipt of such applications and subject to the satisfaction that each of the

units has taken all necessary steps mentioned in the operative portion of this order regarding the

short term measures, the Board shall pass orders of granting consent initially for one year which

may be extended for another year, and such order shall be passed within one week after receipt

of such applications. We also make it clear that after such orders are passed by the Board and in

accordance with such order it will be open to the units to function. Those units which have either

not applied for consent to the Board or those who have not complied with the short term

measures, shall not be entitled to open their units. In so far as it relates to the applicant in

Application No.225/2014 even though, they are also bound to follow the procedure as it has to be

done by all other units relating to applying to the Board, as the said unit has been running

throughout by virtue of the benefits of the interim orders both the Learned Appellate Authority

and even before this Tribunal the said unit shall not be closed. However, in the event of the said

unit not applying to the Board within the stipulated time and/or if the unit fails to comply with

the fulfilment of the short term measures, the Board shall direct the said unit to shut down its

activities. Issue number 3 is ordered accordingly.

15. Regarding the last issue relating to any other relief, we accept the report of the Court

Commissioners, while placing on record our deep sense of appreciation to the excellent work

done by them. Based on the report and on our appreciation of the same, we propose to pass our

direction in the end of the order, both relating to short term and long term measures. But before

that when we ponder over the facts of this case in detail, one indisputable fact that emerges is

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that these units which are functioning since many years require prior consent from the Board.

But unfortunately no one of the units has taken steps to even apply for consent or renewal. This

callous attitude of the units is not only illegal but deserves to be dealt with strictly. Again

considering the small nature of these units but at the same time to inculcate the concept that these

units must also learn to obey the law, and as agreed upon by the counsel , we direct each of the

units before us to pay an amount of Rs. 15000, under the principles of ‘Polluter Pays’, within two

weeks from today to the Secretary, Government of Karnataka, Ministry of Environment and

Forest, Bangaluru, who shall keep the amount in a separate account to be utilized for establishing

a Common Effluent Treatment Plant for the silk units as a long term measure. The Board shall

consider the applications only after receipt of acknowledgement of such receipts from each of the

units.

16. With the result, we dispose of all the applications with the following directions:

1) The impugned orders of closure passed by the Karnataka State Pollution Control

Board are held to be valid.,

2) No unit shall dispose of the trade effluent with or without treatment into the public

sewer network of the BWSSB.,

3) a) As a short term measure, each of the units shall install an effluent collection

tank of suitable volume and material within their premises, in consultation with

the Karnataka State Pollution Control Board .,

b) The units shall make arrangement with the Bangalore City Corporation/ any

private agency to collect the effluents stored in their respective units into a

common tanker and arrange to transport the same to the nearest Common Effluent

Treatment Plant treating similar industrial effluents. The officials of the KSPCB,

concerned with the area in question shall facilitate the process of such

identification of the carrier agency as well as the CETP.

c) The units that are using coal or firewood shall replace the fuel with liquid

petroleum gas (LPG) to minimise the air emission and pending such replacement,

the units shall ensure efficient and adequate chimney system and the KSPCB shall

monitor the above aspect.,

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4) a) As a long term measure, steps shall be initiated by the units along with all

governmental authorities including the Board, to permanently relocate the units to a

suitable site away from the present place with all infrastructural facilities and

pollution control measures for the sustainable development of the economically

important industry. To successfully implement this, the Government constituted

Nodal Agency , consisting of the Karnataka State Small Industries Development

Corporation Limited and The Chief Executive Officer& Executive Member, KIADB

may be approached who may extend all necessary assistance in this regard.,

b) The above long term measures shall be implemented expeditiously in any event

within two years. We hope that all authorities concerned will extend their

cooperation so that the problems faced by all the units in the area can be solved.,

5) Each of the units before this Tribunal shall deposit an amount of Rs. 15000 under

Polluter Pays Principle within two weeks from today with the Secretary,

Government of Karnataka. Ministry of Environment &Forest who shall keep the

said amounts in a separate account to be used for setting up of the CETP as stated

above.,

6) All the units except the applicant in Application No.225/2014 shall be closed till

the State Pollution Control Board grants consent.,

7) Each of the units shall be entitled to file necessary applications to the State

Pollution Control Board for consent with all necessary documents and prescribed

fees within one week from the date of receipt of the copy of this order enclosing the

copy of the receipt in regard to the payment of Rs 15000 made under ‘Polluter

Pays’ Principle which shall be considered by the Board in accordance with law and

after satisfying that each of the unit has taken steps to satisfy the short term

measures and produced proof for complying with the payment under Polluter Pays,

pass orders granting consent for one year which may be extended by one more year

depending upon the exigency. The above order shall be passed within one week after

receipt of such applications. It is made clear that the units which have not applied for

consent within the time or the units which have not made arrangements for short

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term measure and units not complied with the payment under Polluter Pays shall

continue to be shut.

17. With the above directions, all the applications stand closed. No cost.

Chennai Justice Dr. P. Jyothimani (JM)

Dated 15-05-2015 Prof. Dr. R. Nagendran (EM)

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE …awsassets.wwfindia.org/...manickam_v__the_chairman...1 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE CHENNAI Application No