Before the National Green Tribunal Southern Zone, Chennai
Total Page:16
File Type:pdf, Size:1020Kb
1 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Appeal Nos.11 to 14 of 2017 (SZ) IN THE MATTER OF: Appeal Nos.11 and 12 of 2017 M/s.Karni Enterpries Rep. by is Proprietor Pradeep Kankaria S.No.145/5, Kamarajapuram, Pammal Village, Alandur Taluk, Kancheepuram District. ..Applicant in Both Appeals. AND 1. The Tamil Nadu Pollution Control Board, Rep. by its Member Secretary, No.76, Anna Salai, Guindy, Chennai 600 032. 2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Next to Mariaimalai Nagar Municipality, Maraimalai Nagar, Kancheepuram District. ...Respondents in Both appeals. Appeal Nos.13 and 14 of 2017 M/S.Mohanambal Blue Metal, Rep. by its Proprietor, Mr.B.Suresh, (Solai Blue Metal) S.No.165/7, Kamarajapuram Pammal Village, Alandur Taluk, Kancheepuram District. … Appellant in Both Appeals. AND 1. The Tamil Nadu Pollution Control Board, Rep. by its Member Secretary, No.76, Anna Salai, Guindy, Chennai 600 032. 2 2. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Next to Mariaimalai Nagar Municipality, Maraimalai Nagar, Kancheepuram District. ...Respondents in Both appeals. Counsel appearing for the Applicant in all Appeals: M/s.V.Suthakar, K.S.Viswanathan, N.Anantha Kavitha And M.Gopi O R D E R HON’BLE SHRI JUSTICE M.S.NAMBIAR, JUDICIAL MEMBER HON’BLE SHRI P.S. RAO, EXPERT MEMBER Dated 30th January , 2017 ---------------------------------------------------------------------------- Whether the Judgement is allowed to be published on the Internet – Yes/No Whether the Judgement is to be published in the All India NGT Reporter – Yes/No These appeals are filed challenging the order passed by the Appellate Authority – Tamil Nadu Pollution Control Board in Appeal Nos.37 & 38 2016 and 39 & 40 of 2016 dismissing the appeals filed by the appellants herein, challenging the order of the Tamil Nadu Pollution Control Board rejecting their applications for Consent to operate the stone crushing units. 2. Learned counsel appearing for the appellants submitted that the contentions raised by the appellants herein, are the same that are raised by the appellants in Appeal Nos.4 to 7 of 2012, 47 to 53 of 3 2016, 55 to 98 of 2016, which have already been considered by this Tribunal in its common order in Appeal Nos.4 to 7 of 2012, 47 to 53 of 2016, 55 to 98 of 2016 along with Original Application No.33 of 2013 dated 09.01.2017. 3. The appellants are challenging the order of the Appellate Authority dismissing their appeals filed against the orders of the Tamil Nadu State Pollution Control Board rejecting their applications for Consent to Operate on the very same grounds urged by the appellants in Appeals 4 to 7 of 2012 and connected appeals. Even according to the learned counsel appearing for the appellants no new ground other than those urged and not accepted by the Tribunal, is taken in these appeals also. As we have already considered each of the said grounds and contentions and by common judgment dated 9th January 2017, we find no reason to interfere with the well reasoned impugned orders of the Appellate Authority. 4. The appeals are dismissed with no order as to costs. The common judgement in Appeal Nos.4 to 7 of 2012, 47 to 53 of 2016, 55 to 98 of 2016 along with Original Application No.33 of 2013 dated 09.01.2017 will form part of this judgement. Justice M.S.Nambiar Judicial Member P.S.Rao Expert Member .