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S.N.K. Ravi Vs. The Chemplast Sanmar Limited represented by its Chairman and Ors.

Type de cour
Nationale - cour supérieure
Nov 10, 2009
Nom du tribunal
High Court of Madras
Mukhopadhaya, S.J.
Duraiswamy, M.
Déchets et substances dangereuses, Environnement gén.
Mot clé
Sécurité environnementale Substances dangereuses
This Writ petition is filed under Article 226 of the Constitution of India for the issue of writ of mandamus directing The Tamil Nadu Pollution Control Board and The District Environmental Engineer to conduct an elaborate enquiry with regard to installation and erection of the Chemplast PVC Industry, Cuddalore, SIPCOT complex, Phase II, Semmankuppam, Thyagavalli village, Cuddalore and take action thereupon. The Court,having noticed that the industry may emit any gas, which may increase pollution levels including carcinogens and other type of pollution emissions affecting the public in general, direction was issued to the Tamil Nadu Pollution Control Board to submit a report, by order dated 15.09.2009. The permission granted with the consent granted by PCB for establishment of the industry in question was earlier challenged before this Court in W.P. No.21791 of 2008 by one Nizamudeen by way of public interest litigation. The petitioner submitted that a further enquiry has to be made with regard to the establishment and erection of the second respondent PVC Industry at Cuddalore. The Court is not inclined to give any finding at this stage for the following reasons : The order granting consent to establish the second respondent PVC industry at Cuddalore, by PCB on 27.02.2008 fell for consideration in writ petition No.21791 of 2008, which judgment is now reported in 2008 (6) CTC 1, as noticed earlier. In that case, this Court having considered all the materials on record, observed that a detailed exercise was carried out by the first respondent (Chemplast Sanmar Ltd) in preparing and placing the project report before the fifth respondent (Union of India) for its clearance under the provisions of the Environment Protection Act, 1986 and that the officials of the 5th respondent which included High Level Body called Expert Committee for Environment Impact Assessment and Infrastructure Development and Miscellaneous Project held a meticulous analysis before granting the clearance to the project in the proceedings dated 28.11.2005, for the PVC plant and 19.12.2005, for the erection and laying of pipeline project. This Court after being convinced that every strenuous effort has been taken by the respondents while considering the company's application for environment clearance and after taking note of the nature of the project to be implemented in the Coastal Regulation Zone area and after being satisfied about the manner in which the project is to be implemented, the clearance has been granted, upheld the decision of the Pollution Concentration Board, and it is not desirable for this Court in this second writ petition, again to order for a detailed enquiry with regard to erection and establishment of the second respondent company, as the matter is pending consideration before the Supreme Court in SLP (C) No.No.7101 of 2009. It is for the Supreme court to see whether the grant of permission for erection and establishment of the second respondent PVC company at Cuddalore is against the provisions of law or against public interest or not.
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