BEFORE THE NATIONAL GREEN TRIBUNAL
                         SOUTHERN ZONE, CHENNAI

                         Application No. 411 of 2013 (SZ)


In the matter of:

M/s. Renaissance RTW Asia (P) Limited
Rep. by its Manager S. Manivannan
No.227/2 B, Veerapandi Village
Kuppandapalayam
Tiruppur District - 641 005           ..                        Applicant

                                          AND

1. The Tamil Nadu Pollution Control Board
   Rep. by its Chairman
   No.76, Mount Road
   Guindy
   Chennai- 600 032

2. The District Environmental Engineer
   Tamil Nadu Pollution Control Board
   Kumaran Complex, Kumaran Road
   Tiruppur- 641 601

3. The Executive Engineer
   Tamil Nadu Electricity Board (O & M)
   Kumaran Nagar
   Tiruppur                                     ..               Respondents


Counsel appearing for:

Applicant : M/s. M. Karunanidhi and Babu Rangasamy, Advocates

Respondents: Smt. Rita Chandrasekar, Advocate for respondent Nos. 1 and 2,
Shri P. Gnansekaran, Advocate for respondent No. 3

Present:

   1. Hon'ble Justice Shri M. Chockalingam
      Judicial Member

   2. Hon'ble Prof. Dr. R. Nagendran
      Expert Member



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                                              ORDER

___________________________________________________________________ Dated: 22nd January 2014 ___________________________________________________________________ Hon'ble Justice Shri M. Chockalingam, Judicial Member

1) The short gist of the application is as follows:

2) The above unit was incorporated in the year 1991 by M/s. Kwality Dyeing and Bleaching and obtained a Consent Order No.12121, dated 27.01.1995 and in 1996 the plant became a member of the Common Effluent Treatment Plant (for short 'CETP') with a share holding of 3,00,000 litres and accordingly plant and machinery were installed.

3) In the year 2003, the said unit applied for Individual Effluent Treatment Plant (for short 'IETP') and from 2003 onwards the unit has installed Zero Liquid Discharge (for short 'ZLD') facilities at a considerable cost of Rs.6.5 crore and the 2 nd respondent vide his letter dated 04.08.2013 wrote to Tamil Nadu Electricity Board (for short 'TNEB') to provide additional power supply for the plant's proposed Effluent Treatment Plant, Reverse Osmosis Plant and Multiple Effect Evaporator System.

4) On 17.10.2008, the unit applied for consent to enhance its capacity and the same was returned by the 2nd respondent vide letter dated 05.01.2009 along with the application dated.30.10.2008 which was submitted by the Unit earlier for generating 3,00,000 litters of trade effluent per day

5) Aggrieved, the applicant filed writ petitions in W.P. Nos. 1789 of 2008 and 1790 of 2008 before the Hon'ble High Court of Madras praying for directions to the 2 respondents to permit the applicant herein to run its unit since the unit has achieved zero discharge for the consented capacity of 3 lakh litres of trade effluent per day and other reliefs. Subsequently, based on the report filed by the Monitoring Committee, the Hon'ble High Court directed the applicant to implement the recommendations and finally the writs were disposed of on 16.09.2008 with a direction to the respondent/ Board to carry out an inspection of the applicant's unit and grant consent on satisfactory compliance of the recommendations of the Monitoring Committee.

6) On 23.07.2009, the Board inspected the Unit and issued the consent to operate to the unit with 50 KLD of trade effluent. Subsequently, the unit filed another W.P.No.9424 of 2009 for a change of name and also to issue consent to operate. As nothing resulted from the orders of the Hon'ble High Court, W.P.No.10039 of 2010 was filed. By the order dated 01.07.2010, the Hon'ble High Court directed the respondent/ Board to inspect the unit and on being satisfied that the unit has complied with the norms of shifting the excess machinery and pass appropriate orders.

7) By Proceedings dated 21.09.2010, the Board imposed two conditions i.e., payment of fine amount as per W. P. No. 4927 of 2007 and recommendations of the monitoring committee with regard to payment of fine amount, though the applicant unit already explained with supporting documents that the unit need not pay fine as imposed. The applicant unit made a representation as early as on 11.02.2011 wherein it was stated that the unit was liable to pay a sum of Rs.7,32,000/-. Taking into consideration the installed capacity of the unit and providing ZLD treatment as per the directions of the Board from the year 2003 onwards.

8) On 27.04.2011, once again the applicant unit reiterated the request to the Board to grant consent on complying with the requirements of the respondent/Board 3 in the letter dated 21.09.2010. Subsequently, the applicant/unit had approached the government for enhancing capacity from 50 KLD to 500 KLD of trade effluent. By G.O. No. (3D) No. 10 dated 08.03.2013, the Government of Tamil Nadu has passed an order of granting relaxation and also granted the extended capacity of consent. Pursuant to that the Board granted the consent to establish and operate on the enhanced capacity.

9) Further, the respondents vide Consent Order No: 18567 (Expansion), dated: 27.03.2013, both under the Air (Prevention and Control of Pollution Act 1981) and Water (Prevention and Control of Pollution Act 1974), have granted the Consent to Establish and vide Consent Order No: 18950 dated 08.08.2013 have granted Consent to operate and the grant of consent is for a maximum daily trade effluent discharge of 500 KLD.

10) The applicant further contends that the unit is in operation since 2003 with the ZLD system without any violations. The unit has to honour its commitment to its suppliers and achieve its targets. Therefore, the plant has to work all the seven days in the week including Saturdays and Sundays. Only then the unit will be able to honour its commitment to its bankers and financial institutions.

11) The applicant herein made representation to the first respondent on 20.01.2013 to permit the applicant to operate on Saturdays and Sundays in view of the maximum daily discharge of 500 KLD vide consent order No. 22914 dated 08.08.2013. Despite all these, the respondents have not passed any orders and hence made out this application.

12) Heard the counsel for the applicant. Despite sufficient time granted to the respondent 1 and 2, Tamil Nadu Pollution Control Board, to file reply, no reply has been filed. After hearing the counsel for both sides and looking into the averments 4 made in the application, the Tribunal is of the considered opinion that in order to avoid the avoidable delay, the application has to be disposed of by issuing a direction.

13) From the submissions made, it is quite clear that the applicant who is carrying on dyeing and bleaching unit made a representation on 21.10.2013 seeking permission of the Tamil Nadu Pollution Control Board to operate the ZLD plant on Saturdays and Sundays in view of the commitments made to the customers and also to achieve its targets. The Tribunal feels that there is no impediment to issue a direction to the respondents, the Tamil Nadu Pollution Control Board, to consider the representation referred to above and pass suitable orders in accordance with law within a period of 3 weeks herefrom since the representation is already pending for nearly 3 months. The application is disposed of with the above directions.

No cost.

Justice M. Chockalingam (Judicial Member) Prof. Dr. R. Nagendran (Expert Member) Chennai 22nd January 2014.

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