The Division Bench of the National Green Tribunal, comprising Justice Pushpa Sathyanarayana and Dr. Satyagopal Korlapati in the case of B. Saravanan v. The Member Secretary, TNPCB & Ors. has instructed the Tamil Nadu Pollution Control Board to impose penalties or compensation on plastic recycling units that are operating without obtaining the necessary consent or permits.
The Bench was informed that that there were several complaints received from the applicant and also the public of M. Pudhupalayam Village against Respondents.
There was an inspection made on 07.02.2023 and it was observed that the unit was in operation without obtaining Consent to Operate (CTO) from the TNPCB and the unit had stored the plastic scrap in the middle of the habitation.
The Bench issued show cause notice under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 to TNPCB. In pursuance to the Show cause notice, TNPCB collected the water samples and analyzed them in the lab and the report revealed that there is no contamination due to the activity of Respondents.
The report further states that the said M/s. Siva Bottles located at No.84/6, Vinayagar Kovil Street, M. Pudhupalayam, Panrutti Taluk is not in operation in the above premises and the above premises is used as a raw material storage godown, for which, consent is not required.
Therefore, the bench directed TNPCB to levy the compensation for the period in which the unit was in operation without obtaining the Consent to Establish and Consent to Operate by following the due process of law.
Case Details
Case:- Original Application No.61 of 2023 (SZ)
Petitioner:- B. Saravanan
Respondent:- The Member Secretary Tamil Nadu Pollution Control Board & Ors
Judge: Justice Pushpa Sathyanarayana and Dr. Satyagopal Korlapati
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