Raagam Exports Vs Tamil Nadu Pollution Control Board and Another

JUDICIAL AND EXPERT MEMBERS: Justice A.S. Naidu and Prof. Dr. G.K. Pandey

Key words: Dyeing and Bleach works, Tirupur, industrial effluents, River Noyyal, Public Interest Litigation, Tamil Nadu Pollution Control Board, Competent Authority

Application Disposed with permission to approach the Competent Authority

Date: 11th October, 2011

1. Application No. 3/2011: Raagam Exports Vs Tamil Nadu Pollution Control Board and Another
2. Application No. 4/2011: Planisamy Dyeing Vs Tamil Nadu Pollution Control Board and Another
3. Application No. 5/2011: Stallion Garments Vs Tamil Nadu Pollution Control Board and Another
4. Application No. 6/2011: Valli Textiles Vs Tamil Nadu Pollution Control Board and Another
5. Application No. 7/2011: Danam Process Vs Tamil Nadu Pollution Control Board and Another
6. Application No. 8/2011: Tube Knit Fashions Ltd. Vs Tamil Nadu Pollution Control Board and Another
7. Application No. 9/2011: Magaarani Dyings Vs Tamil Nadu Pollution Control Board and Another
8. Application No. 10/2011: M/s Sathya Process Vs Tamil Nadu Pollution Control Board and Another
9. Application No. 11/2011: Velan Dyings Vs Tamil Nadu Pollution Control Board and Another
10. Application No. 17/2011: Poomer Textiles Process Vs Tamil Nadu Pollution Control Board
11. Application No. 18/2011: Prem Dying Works Vs Tamil Nadu Pollution Control Board
12. Application No. 21/2011: Sri Jayalakkshmi Process Vs Tamil Nadu Pollution Control Board and Another
13. Application No. 27/2011: Crystal Knitters Ltd. Vs Tamil Nadu Pollution Control Board

All the aforesaid (13) thirteen applications involve same facts and point of law. The respondents in each of the case are also one and the same and as such by consent of Learned Counsel appearing for the parties all the cases were heard together and are disposed of by this common judgment.

All these Original Applications have been filed by different fabric bleaching and dyeing units situated at TIRUPUR in the State of Tamil Nadu and are hosiery exports.

Alleging that the units engaged in Dyeing and Bleaching works at TIRUPUR area are discharging the industrial effluents into river NOYYAL thereby creating water pollution to the extent that the water of the river has become neither fit for irrigation nor potable, and that the pollution has adversely affected the tanks and channels situated nearby the river, a Public Interest Litigation was filed before the Hon’ble High Court of Madras and was registered as Writ Petition No. 29791 of 2003. In the said writ application directions were sought for to the extent that the dyeing units would clean the river water stored at Orathapalyan Dam within a stipulated time with its own expenses and as an interim measure shall not discharge their industrial effluents into the river NOYYAL.

A prayer is made before this Tribunal, to direct the Tamil Nadu Pollution Control Board (respondents) to permit the different applicants to re-commence operation of their units as they claimed to have achieved ‘zero liquid discharge level’, and complied with other directions set forth by the Hon’ble Supreme Court (in the case- Tirupur Dyeing Factory Owners Association vs. Noyyal River Ayacutdars Protection Association, AIR 2010 Supreme Court 3645) and the Madras High Court in their order dated 4th January, 2011.

Fact remains there are about 754 dyeing and bleaching industries situated in and around TIRUPUR Town. The trade effluent discharged by different units was admittedly treated through its conventional treatment system but the said system does not satisfy the total dissolve solids (TDS) limit of 2100 mg per litre (mg/l) prescribed by Tamil Nadu Pollution control Board. The sudden and rapid growth in textile sector in the Town TIRUPUR started deteriorating the environment in as much as the trade effluent either treated or partially treated and sometimes untreated find its course into NOYYAL River either directly or indirectly. Polluting the water of the river, ground water and the land lying in the vicinity, led to filing of Public Interest Litigation seeking directions for prevention of pollution of NAYYAL River.

In course of hearing, however, it is found that the applicants have only approached the District Environment Engineer, Tamil Nadu Pollution Control Board and requested the said Authority to inspect their unit and permit the applicant to resume operation. It is well settled that the District Environment Engineer is not the Competent Authority to grant any permit to recommence operation of any unit. For the said purpose the Applicant’s have to approach the Competent Authority individually under the Water (Prevention Control & Pollution) Act, 1974 and other Acts which are applicable to the subject matter. The Applicant’s having not approached the Competent Authority till today, it is not possible for this Tribunal to issue any direction to Tamil Nadu Pollution Control Board (Respondent No.1).

In view of the discussions made above, the learned judges dispose of all the above applications with an observation that if the Applicant’s file suitable applications, individually seeking permission to commence their units, before the Competent Authorities, under the provisions of appropriate Law in vogue, the said Authority shall consider the said applications separately conduct such inspections as deemed just proper and necessary and if satisfied that the Applicant’s or any of them have complied with the directions issued by the Hon’ble Supreme Court as well as Hon’ble High Court of Madras and also satisfy all the requirements of law, pass such order/orders/direction as deemed just proper and in accordance with the law as well the counter/affidavit filed before this Tribunal. It is needless to say that the units are lying closed for quite some time and for the sake of ends of justice and equity, warrants that the Competent Authority shall take the decision on the applications to be filed by the Applicants, individually as expeditiously as possible.

With the aforesaid observations/directions all the original applications are disposed off.