V. Selvaraj, 40

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V. Selvaraj, 40 1 Item No.9 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI O.A.No.36 of 2019 (SZ) IN THE MATTER OF: V. Selvaraj, 40/75, Brickiln Road, Otteri, Chennai 600 012. .. Applicant Vs. 1.The District Collector, Chennai. 2. The Tahsildar, Perambur Taluk. Chennai 600 011. 3. The Chairman, Tamil Nadu Pollution Control Board, 76, Anna Salai, Chennai 600032. 4. The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.77A, South Avenue Road, Ambattur Industrial. Estate, Chennai – 58. 5. The Commissioner, Corporation of Greater Chennai, Chennai -600 003. 2 6. C. Narayanan, Prop. Krishna Sweets, 5B/63, C.V. Raman Street, First Cross Street, Manali, Chennai – 600068 ... Respondent(s) Date of hearing: 10.1.2020 CORAM: HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER For applicant : Mr. R. Thanjan For Respondent(s) : . Mr. S.N. Parthasarathy for R1 & R2 Mr. Abdul Saleem Mr. S. Saravanan for R3 & R4 ORDER The grievance in this application is that sixth respondent is conducting a sweet manufacturing unit by name “Krishna Sweets” at No.5B/63 Bricklin Road, Otteri, Chennai 600 012. Applicant’s house is situated near to the same. He is having some heart problem and taking continuous treatment. Due to emission of smoke from burning of saw dust from 6th respondent’s unit resulted in pollution. Though complaints have been made to the authorities, they did not take any action. When the matter came up for admission on the last hearing date viz., 17.12.2019, it was pointed out that allegations are not sufficient to admit the matter, as no substantial question of environment is arising out of the allegations made and posted the case for further consideration today. 3 When the matter came up for admission today, learned counsel appearing for petitioner still reiterated that there are allegations. We are not convinced with the submissions. It is also pertinent to note that there is no allegation in the petition that the unit of the sixth respondent is being conducted in that area without getting necessary clearance or permission from the authorities. Learned counsel appearing for Tamil Nadu Pollution Control Board submitted that they conducted inspection on 18.12.2019 and the unit was functioning with necessary clearance and permissions, as required under various statutes and there is no smoke emanating from the unit, as contended by the petitioner. The submission made by learned counsel appearing for Tamil Nadu Pollution Control Board is recorded Under these circumstances, we find that there is no necessity to pass any further order in this matter and the application is closed. However, it will not affect the right of the petitioner to approach this Tribunal again, if, in future, any pollution is caused on the ground of functioning of the unit, in accordance with law. .........................................J.M. (Justice K. Ramakrishnan) .........................................E.M. (Saibal Dasgupta) kkr .
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