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Before the National Green Tribunal

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Before the National Green Tribunal BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Application No. 424 of 2013 (SZ) IN THE MATTER OF: Mr. V. Chandirasekar Son of Varadaraj President Bangaruvoikkal Neerathar Kootamaippu No.64, East Street Bahour Puducherry-607402 ... Applicant(s) AND 1.The Union of India Represented by its Secretary Science, Technology and Environment Department Secretariat Pondicherry 2. Puducherry Pollution Control Committee Science, Technology & Enivironment Department rd 3 Floor, Housing Board Complex Anna Nagar Pondicherry 3. The Member Secretary Ground Water Unit Puducherry 4. The District Collector O/o. The District Collector Puducherry 5.Director Department of Industries & Commerce Puducherry 6. The Chief Town Planner Department of Town & Country Planning Puducherry 7. The Commissioner Bahour Commune Panchayat Bahour Puducherry 8. The Chief Engineer Public Works Department Puducherry. 9. The Director Department of Electricity Puducherry 10. The Deputy Conservator Department of Forests & Wildlife Puducherry. 11.The Member Secretary State Ground Water Authority Puducherry 12. M/s. Tigon Steels (P) Ltd Pirivupalayam Seliayamedu Village Bahour Commune Puducherry. .. Respondent(s) Counsel appearing for the Applicant: M/s. T. Muthukrishnan Counsel appearing for the Respondents: Mr. K.R. Harin for R-1 to 11 ORDER PRESENT: HON’BLE SHRI JUSTICE M. CHOCKALINGAM, JUDICIAL MEMBER HON’BLE PROF. Dr. R. NAGENDRAN, EXPERT MEMBER ------------------------------------------------------------------------------------------------------------ Dated 28th January, 2015 The counsel for the parties are present. The applicant herein has sought for a direction to the respondents to pass appropriate orders to cancel / withdraw all licence/permission/clearance and consequently issue appropriate direction to the respondents 1 to 11 to stop the commencement of 12th respondent’s steel plant at Seliayamedu Village, Bahour Commune, Puducherry, Pirivupalayam. The fact of the case in short is that the applicant is the President of “Bangaru Vaickal Neeradhara Koottamaippu. The applicant conducted several awareness meetings, procession and demonstrations for the sake of protecting water bodies, irrigation and agriculture in and around Pondicherry. The application is filed in the interest of public since there is a danger to the environment and to the health of the people because of the proposed steel industry by M/s. Tigon Steels (P) Ltd , the 12th respondent herein. The 12th respondent industry has suppressed important information regarding the features existing within the 20 km radius of the proposed Unit. The Bahour tank which is a bird sanctuary is situate within 1.5 km. The presence of innumerous nullahs, streams and rivers are also suppressed.. The Steel products proposed to be produced are MS Rod, MS Bar, MS chain, MS angle, MS Flat 100 TPD by melting waste/scrap iron in electrical inductor furnace and produce 2000 MT per month of steel ingots and steel Billet. The applicant would submit that the emission from the furnace would get mixed in the air, water resources and is deposited in the fertile lands resulting in severe health hazards and make the soil unfit for agriculture. The applicant would further submit the No Objection Certificate issued by the Puducherry Pollution Control Committee clearly states in Item No.3 under “Specific Conditions” that the project proponent shall shift the unit to a new location, if any public complaint is raised against the Unit. He further added that Public Works Department has also given permission to construct a culvert across the Kudiyiruppupalayam Irrigation tank which is unheard so far. The applicant further submits that the Agriculture Department and the State Ground Water Authority who have to preserve the agriculture and ground water resources have issued land conversion certificate to the proposed 12th respondent industry which is rice bowl of Puducherry. The departments who issue the licence have not taken care of the water bodies, historical monuments, residential areas, schools etc. before issuing the NOC. It is submitted by the counsel for the respondents 1 to 11 that the Consent to Establish dated 28.2.2012 granted in favour of the 12th respondent was only for a period of two years and it came to an end on 27.2.2014 and apart from that the 12th respondent is not carrying on any constructional activities. Under the circumstances nothing survives in this application and hence it has got to be disposed of. The matter was adjourned for a few hearings on the request of the counsel for the applicant to get necessary instructions from his client. It is fairly conceded by the applicant that as on today the constructional activities are not being carried on by the 12th respondent. A perusal of the Consent order to Establish the Unit given by the Pollution Control Committee shown as 2nd respondent to the 12th respondent would indicate that it was for the period of two years commencing from 28.2.2012 and thus it came to an end 27.2.2014. From the above ,it would be clear that the relief now sought for does not require further consideration by the Tribunal and hence recording the above, the application has got to be disposed of. Accordingly the application is disposed of. No cost. Justice M. Chockalingam Judicial Member Prof. Dr. R. Nagendran Expert Member .
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