NATIONAL GREEN TRIBUNAL
                            PRINCIPAL BENCH, NEW DELHI

                                   Application No. 19/2011
                         Thursday, the 29th day of March, 2012

Quorum:

   1. Hon'ble Justice Shri C.V. Ramulu
      (Judicial Member)

   2. Hon'ble Prof. R. Nagendran
      (Expert Member)

B E T W E E N:

   1. Ramana Industries
      Represented by its authorized representative
      Mr. K. Rahavan
      Plot No. 14&15, Fourth Cross Street
      Veeramani Salai, Kandanchavadi
      Chennai-600 096                                            ....Applicant


                                           AND


   1. The Chairman
      Tamil Nadu Pollution Control Board
      No. 76, Mount Salai, Guindy
      Chennai-600 032, Tamil Nadu

   2. The Member Secretary
      CARE CENTER
      Tamil Nadu Pollution Control Board
      No.76, Mount Salai, Guindy
      Chennai-600 032, Tamil Nadu

   3. The District Environment Engineer
      Tamil Nadu Pollution Control Board
      Maraimalai Adigal Street, Maraimalai Nagar
      Chengalpattu Taluk,
      Kanchipuram District, Tamil Nadu

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     4. The District Collector
       Kanchipuram District
       Kanchipuram
       Tamil Nadu

    5. The Executive Officer
       Plavakkam Panchayat
       Kanchipuram District
       Tamil Nadu

    6. The Superintending Engineer
       TNEB, CEDC South
       No. 144, Anna Salai
       Chennai-600 002
       Tamil Nadu

    7. The Assistant Executive Engineer
       TNGEDCO, TNEB Perungudi
       Chennai-600 096
       Tamil Nadu                                                                 ....Respondents

       (Advocates appered: Mr. K Rahavan, Appellant in person, Mr. A. Ilango and Mr. A
       Prasanna Venkat for Respondent No. 1, 2 & 3, Mr. S Vallinayagam for Respondent No.
       6 & 7, Mr. M. K. Subramanian, Special Govt. Pleader (Forest) for Respondent No. 8,
       none appeared for Respondent No. 4 & 5).

                                            JUDGMENT

(Judgment delivered by the Bench) This application is filed challenging the order in Preceeding No: T- 7/YNPCB/F.19425/MMN/Compl/2011-1 dated 13.09.2011 of the Chairman, Tamil Nadu Pollution Control Board (R-1), whereunder the applicant was directed, while exercising provision under section 31A of the Air (Prevention and Control of Pollution) Act, 1981 as amended in 1987, directing the concerned authority to stop the power supply to the unit of the applicant with immediate effect. This was preceded by an order of even dated 13.09.2011, asking the Page 2 of 4 NGT/CKS/Judg/29-03-2012/17:30 applicant to close down the unit with immediate effect. There is no necessity of going through all the details.

The only controversy arisen in this matter is as to whether the location of the unit falls within CRZ or not .When the matter came up for hearing on 4th January, 2012 the following order was passed:

''The appellant, Party in person has drawn our attention to the rejoinder and the letter dated 15.12.2011 issued by the Member Secretary, Tamil Nadu State Coastal Zone Management Authority and Director of Department of Environment, Chennai which states that as per CRZ Notification 2011 promulgated on 6th January 2011, vide para 1 (ii) CRZ shall apply to the land area between HTL to 100 m or width of the creek whichever is less on the landward side along the tidal influenced water bodies.

The width of the creek was not indicated anywhere. On the other hand, the certificate issued by the Civil Engineer and Licenced Surveyor of the Corporation of Chennai dated 27.12.2011 indicates that the width of the canal (Creek) is 23.3 metres. Once the notification says 100 metres from the HTL Line or width of the creek whichever is less, the order passed on 15.12.2011 appears to be wrong. Therefore, we are of the opinion that the Member Secretary Tamil Nadu State Coastal Zone Management Authority and Director, Department of Environment, Chennai shall be added as a party to the proceeding as R-8. The fact as to whether the industry is polluting or not also appears to have not been examined.

The registry shall issue notices to R-8, indicating that the matter is posted on 19th January, 2012 for consideration. The R-8 shall make his Page 3 of 4 NGT/CKS/Judg/29-03-2012/17:30 own arrangements for appearance either personally or through a counsel on 19th January 2012.

Post the matter on 19th January, 2012 for further hearing.'' Thereafter the matter was examined by none other than Chairperson of TNPCB and passed order on 28.03.2012 in his File No. T7/TNPCB/F.19425/MMN/Comp/2012-1, wherein the direction issued earlier to close down the industry and stop electricity supply was revoked with immediate effect and the unit shall comply with all the conditions stipulated in the Consent Orders. Further by an order of even dated 28.03.2012 The Chairman, TNPCB directed to the Assistant Environmental Engineer, TNGEDCO (TNPCB), Chennai, Tamil Nadu to restore power supply to the applicant unit with immediate effect. Thus no cause of action remains to be adjudicated.

The party (applicant) who is present in the court in person also stated that the license of the unit has been renewed on 01.03.2012.

Recording the above events the matter is closed. No cost.

(Prof. Dr. R. Nagendran)                                                           (Justice C V Ramulu)
Expert Member                                                                          Judicial Member




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