M/s Sri Bhavani Textiles Processors (P) Ltd., Karaikodivery, Gobichettypalayam, Erode v. The Tamil Nadu Pollution Control Board

The case is concerned with the closure of dyeing unit of the appellants by TNPCB under Section 33A of the Water Act 1974. The tribunal held that the Board only had the power to impose penalty during the three month period given to the appellants to make rectification. The High Court had given the power to the Board to close the unit if directions not complied within 3 months. However, power to impose penalty was limited to only the 3 months. Hence, the tribunal held that imposing penalty beyond the 3 month period was without jurisdiction.

Judgment link: http://greentribunal.gov.in/Writereaddata/Downloads/68-2014(SZ)APL-Jug-3-8-2015.pdf