In Appeal No. 121 of 2016

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI M.A.Nos.142 and 144 of 2016 (SZ) in Appeal No. 121 of 2016 (SZ) IN THE MATTER OF: Miscellaneous Application No.142 of 2016 Coramandel Sugars Limited, Coromandel Towers, 93, Karpagam Avenue, Santhome High Road, R.A.Puram, Chennai-600 028 Tamil Nadu ... Applicant/Respondent No.3. AND 1. M.D,.Yogesh, S/o.M.S.Deve Gowda, Makavalli Village, Krishnarajapete Taluk, Mandya District, Karnataka - 571 426 ... 1st Respondent /1st Appellant 1 2. Thamme Gowda, S/o.Chennegowda Karoti Village, Kriishnarajapete Talukl, Mandya District, Karnataka - 571 426 ... 2nd Respondent / 2nd Appellant 3. Union of India, Through its Secretary, Ministry of Environment and Forests Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi - 110 003 4. Karnataka State Pollution Control Board, Through its Member Secretary, Parisara Bhavan, Church Street, Bangalore, Karnataka 560 001. 5. Deputy Commissioner, Mandya City, Mandya District, Karnataka ... Respondents Counsel appearing for the Applicant/3rd respondent Mr.P.S.Raman, Senior Counsel for Mr.R.Parthasarathy, Rahul Balaji & Rohan Cherian 2 Counsel appearing for the Respondents: Mr. Clifton D’Rozario & Maitreyi Krishnan for R1 and R2 Mr.G.M.Syed Nurullallh Sherif for R3 Mr.R.Thirunavukkarasu for R4 Miscellaneous Application No.144 of 2016 The Krishnarajapet Taluk Cane Growers Association, rep. by its President Regn.No.DR. Y/Societies/42/151/2016-17 Sri Veerabhadreswara Complex, B.M Road, Kikkeri, Krishnarajapet Taluk, Mandya Disstrrict, Karnataka ... Proposed Party/Applicant Vs. 1. Shri M.D.Yogesh, S/o.Shri M.S.Deve Gowda, Aged Major, 3 Makavalli Village, Krishnarajpet Taluk, Mandya District, Karnataka - 571 426 2. Thamme Gowda, S/o.Chennegowda Karoti Village, Krishnarajapet Taluk, Mandya District, Karnataka - 571 426 3. Union of India, Through its Secretary, Ministry of Environment and Forests Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi - 110 003 4. Karnataka State Pollution Control Board, Through its Member Secretary, Parisara Bhavana, Church Street, Bangalore ,Karnataka 560 001. 5. Coramandel Sugars Limited, Coromandel Towers, 4 93, Karpagam Avenue, Santhome High Road, R.A.Puram, Chennai-600 028 Tamil Nadu 6. Deputy Commissioner, Mandya City, Mandya District, Karnataka. .... Respondents Counsel appearing for the Applicant: Mr.V.Prakash, Senior Counsel for M/s.Taaurs Associates Counsel appearing for the Respondents: Mr. Clifton D’Rozario & Maitreyi Krishnan for R1 and R2 Mr.G.M.Syed Nurullallh Sherif for R3 Mr.R.Thirunavukkarasu for R4 M/S.P.S Raman, Senior Counsel for M/s.R.Parthasaray, Rahul Balaji, Rohan Cherian for R5 5 ORDER PRESENT: HON’BLE SHRI JUSTICE DR. P. JYOTHIMANI, JUDICIAL MEMBER HON’BLE SHRI P.S. RAO, EXPERT MEMBER Delivered by Hon’ble Justice Dr.P.JyothiMani, Judicial Member Dated: 07th September, 2016 ---------------------------------------------------------------------------------- Whether the Judgment is allowed to be published on the Internet – Yes/No Whether the Judgment is to be published in the All India NGT Reporter – Yes/No Miscellaneous Application No.142 of 2016: 1. This application is filed by the 3rd respondent in the appeal, namely, the Project Proponent praying to permit the applicant to put the project into operation and to commence commercial operations with the expanded co-generation plant as cleared by the Environmental Clearance (EC) dated 31.12.2012, and revalidated on 30.03.2016 and also to direct the Karnataka State Pollution Control Board (Board) to issue Consent and other authorities to issue Permissions in accordance with law, 6 subject to the directions as this Tribunal may think fit and proper, pending disposal of the appeal. Miscellaneous Application No.144 of 2016: 2. This application is filed by a third party to the appeal, namely, The Krishnarajapet Taluk Cane Growers Association, to implead themselves as a party in the appeal. The Members of the said applicant’s Association, stated to be 515 in number, who are the farmers growing sugar cane in Krishnarajpet taluk and as per the notification of the Government dated 02.02.1999, the Members are to sell the sugar cane grown by them only to the Project Proponent, namely, the third respondent in the appeal, Coramandel Sugars Limited. The sugar crops are seasonal and they are to be cut at the appropriate time and sent to the Sugar Mill allotted to them as per the Sugar Control Order for crushing. According to the applicant-Association, if the sugar cane is not cut at the appropriate time, the entire crop will become waste, resulting in enormous loss and expenditure to the sugar cane growing farmers and therefore, the sale of sugar cane grown by them to the Sugar Mill is the livelihood of farmers, who are the members of the applicant-Association. Their livelihood and the fundamental right guaranteed under Article 21 and 19 (1)(g) of the Constitution of India is totally dependent on the functioning of the 3rd respondent industry. According to the applicant-Association, the crushing season begins every year from July-March and when the 3rd respondent in 7 the appeal, to whom the sugar cane crops are to be sold, is not receiving the crop, the members of the Association have demonstrated outside the sugar mill and they were informed about the pendency of this appeal and due to the interim order of this Tribunal, the Mill is unable to function. Stating that the main appellant, Mr.M.D, Yogesh, himself is employed in another sugar mill as daily wage worker and though he is noway exposed to any sort of pollution, he has filed the above appeal against the EC granted to the third respondent, Project Proponent on 31.12.2012 and as revalidated on 30.03.2016. By virtue of the interim order, the 3rd respondent in the appeal is not purchasing the sugar cane and since this is the crushing season, the Members of the applicant-Association are affected and therefore, they are the proper and necessary parties to be impleaded in the appeal as parties. Miscellaneous Application. No. 142 of 2016: 3. The applicant/3rd respondent in the appeal, who is the Project Proponent and who has made a prayer as elicited above, has stated that the applicant's Sugar Mill is existing at Krishnarajapet Taluk, Mandya District, Karnataka since 1999 with 12 MW co-generation plant since the commissioning of the sugar plant. It was to expand the capacity of the sugar plant, and upgrade the technology of the power plant to make it more efficient, the applicant in this miscellaneous application has applied for EC 8 for expansion of co-generation plant from 12 MW to 30 MW and that EC was granted by the Ministry of Environment and Forest and Climate Change (MoEF & CC) on 31.12.2012. That was challenged by the appellants in Appeal No.21 of 2013 before this Tribunal. It is stated that during the pendency of the appeal, substantial portion of establishment of expanded co-generation plant was undertaken by the applicant. In the above said appeal, there was an interim order passed by this Tribunal, after hearing the parties, permitting the applicant to conduct a trial run for a period of one week from 23.04.2015 and it was monitored by MoEF & CC through its Regional Office at Bangaluru. The Tribunal in its final order dated 12.05.2015 has suspended the EC granted to the applicant for a period of six months and directed the MoEF & CC to conduct a fresh appraisal by giving various directions. Pursuant to the said direction in the appeal, the MoEF has conducted a fresh appraisal and passed an order of revalidation of EC on 30.03.2016 with various conditions. 4. It was thereafter the appellants have again filed the present appeal challenging both the original order of EC dated 31.12.2012 and the revalidated order dated 30.03.2016. There was an interim order passed by this Tribunal in the above appeal (A.No.121/16) on 27.04.2016 and 10.05.2016 permitting the applicant-Project Proponent to carry out certain preparatory works in the existing sugar factory. According to the applicant, the applicant has spent nearly a sum of Rs. 150 crores to procure the latest technologies to upgrade the plant, which caters to the livelihood of 9 the local population and over 10,000 farmers and cane growers exclusively for the supply of their produce to the factory and 5000 cutters. In addition to that, the applicant’s factory is employing over 1000 persons, who depend upon the said employment for their livelihood. The season for sugarcane crushing at the factory is from August to March of the following year, during which period the farmers and cane growers in the surrounding area supply their produce to the factory. The applicant has entered into 9000 agreements with farmers and cane growers in that regard and as the crushing season has already started, the cane growers are pressurizing the applicant to take their produce and there was a demonstration made by the farmers. 5. It is the further case of the applicant that the applicant has established a new boiler by removing the old one with the latest technology for using the same as a part of co-generation plant, for which EC as well as Consent have been granted. It is stated that the new boilers are subject to strict emission norms where the particulate emission from the plant should be less than 50 mg/Nm3 . It is also submitted that the old boilers, which were removed and defunct were subject to different norms regarding the emission standards namely, < 150 mg/Nm3 . By virtue of the interim order against EC granted, a large number of farmers and their livelihood are affected and therefore, the applicant has filed the present application to 10 commence the operation of co-generation plant.

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