T.P. GOPALAKRISHNAN Vs. SECRETARY, NENMANIKKARA GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioners, who are senior citizens, are residing within about 10 metres from "Ansas Tile Factory", owned by the 4th respondent. The grievance of the petitioners is that the process of manufacturing the tile and brick by the 4th respondent is carried out in the open, and the smoke emanating during the process is causing pollution. It is also contended that the party respondents are using flammable substances like kerosene, diesel, turpentine, and like materials and oils for the purpose of mixing the clay, prior to baking which results in pollution during the mixing of the clay, the storage of the mould, the baking of the tiles and during the storage of the finished product.

(2.) On 25/3/2021, this Court directed the 3rd respondent to conduct an inspection of the site in question and verify whether the conditions in the consent granted by the Pollution Control Board have been complied with and whether any further conditions are required to be imposed in the light of the grievance voiced by the petitioners. On 11/10/2021, the 3rd respondent submitted a report as directed. It is stated that a joint inspection was conducted at the premises of the unit on 25/7/2021 in the presence of the representatives of the Panchayat, after serving prior notice to the unit owner and Panchayat authorities. As per the report, the unit is using firewood as fuel and the manufacturing process which includes kneading, moulding, drying, and burning, is being carried out inside the unit itself. It is stated that the smoke from the kiln chamber is vented out through a 30 metres height chimney made of refractory bricks. The results of the ambient air quality monitoring are stated to be well within the permissible limit. However, the sound level was noticed to be exceeding the permissible limit, at the time of inspection. On noticing that the wall on the eastern side of the unit, which is the closest to the complainants' premises, is provided with the "jally", the 3rd respondent directed the 4th respondent to put up a shutter on the eastern side of the unit, to avoid any pollution as complained.

(3.) When the case was taken up on 22/12/2021, the counsel for the 4th respondent submitted that the directions issued by the Pollution Control Board have already been complied with.The counsel for the petitioner submitted that the mixing of kerosene is still being carried out in an open shed and the smell of kerosene is causing disturbances. This court hence directed the 3rd respondent to conduct a few surprise inspections in the Unit, ensure that there are no such activities, and submit a report by 28/1/2022. The 3rd respondent filed an additional report on 7/2/2022. It is stated that on conducting a surprise inspection of the unit on 2/2/2022, it is noticed that the unit has complied with the directions issued earlier and that a shutter system has been provided to facilitate enclosure of the area where the kerosene is applied on the mould. It is stated that kerosene mixed with rice bran oil is used as a lubricant and applied to the mould before the clay is pressed and compacted to achieve the desired shape and that the fresh tiles would be stored for a few days for drying and removing the excess humidity as preparation for baking. The report says that the smell of kerosene was not felt near the petitioners' residence during the time of inspection and that usage of other petroleum products was not noticed during the time of inspection. It is assured that further surprise inspections will be conducted to verify compliance with the conditions imposed while granting consent to operate. On 10/2/2022, the case was taken up again for further hearing. The additional report submitted by the3rd respondent was considered. The counsel for the petitioner submitted that the problem persists, since the moulds after mixing kerosene and rice bran oil are kept in the open and the smell still emanates. The counsel sought time to place some more materials to evidence the above fact. The counsel for the 4th respondent submitted that they are not using any other petroleum products and usage of such materials will only make the unit economically unviable. It is stated that the price of a tile is Rs.7.00 and the cost of manufacture is Rs.5.00 and that the use of any petroleum product in the manufacture will only hike the cost further.