(1.) THIS writ petition is filed by proprietor of an industrial unit proposed to be established which is engaged in manufacture of 'Amino Resin'. The unit has not commenced production and is only at the stage of installation of machineries. The petitioner is seeking direction to respondents 8 to 10 to afford adequate protection to carry out the construction and installation works as permitted under Ext.P3.
(2.) CONTENTIONS in brief are that, the petitioner was running a Timber industry in the building in question under the name and style "APK Timber Industries" from 1995 onwards. After winding up of the said industry, he decided to start a Resin manufacturing unit under the name and style "APK Polymers". On the basis of Exts.P1 and P2 no-objection certificates obtained from the Fire and Rescue Department and District Medical officer, the 7th respondent had issued Ext.P3 permission for installation of machinery in the building in question, to the extent of 40 H.P. Electic Motor, for starting production of Resin. Exhibit P3 permission was granted on the basis of 'consent to establish' obtained from the Additional 11th respondent. Eventhough 6th respondent panchayat had issued Ext.P5 licence under Section 232, the same was subsequently cancelled, as evident from Ext.P6 (a), on the basis that the petitioner had not obtained 'consent to operate' from the Pollution Control Board .
(3.) IN the counter affidavit filed on behalf of respondents 1 to 5, inter alia it is contended that, by virtue of Ext.R1 (a) the panchayat had denied permission for installation any machinery. It is further stated that the respondents 1 to 5 had filed W.P (c) No.27792/2012 before this court in which an interim order was issued stopping all operations of the petitioner. Further allegation is that there is no approved plan for construction of the Factory and the re-construction of the building, attempted for another purpose, cannot be permitted. The factory in question is not satisfying requirements for manufacturing Amino Resin, which a toxic substance. In brief, according to the respondents, the permission granted under Ext.P3 is not legal and is not in order and hence the petitioner is not entitled to proceed with any construction for establishment of an industry producing poisonous and toxic substance in a manner causing health hazard to people residing in the locality.