KAMATCHI Vs. CHAIRMAN

JUDGEMENT

(1.) BY consent of all the parties, these writ petitions are taken up for disposal. In W.P.No.4655/2005 one Kamatchi, an agriculturist and resident of Kalugoorani village, Ramanathapuram District seeks to issue a writ of Mandamus forbearing Tamil Nadu Pollution Control Board, District Collector and District Environmental Engineer, Tamil Nadu Pollution Control Board, Virudhunagar from permitting Messrs. Regency Power Corporation Ltd., to commission power plant at Kalugoorani village, Ramanathapuram District without conducting public hearing afresh in accordance with G.O.Ms.No. 487 Environment and Forest (EC III) dated 22-12-1997 so as to enable the residents of the village to put forth their objections.

(2.) THE very same petitioner in W.P.No.7020/2005 challenges the order passed by Member Secretary, Tamil Nadu Pollution Control Board, Chennai in his proceedings L.R.No.T11/TNPCB/f.792/RMD/2005 dated 28-6-2005, granting no objection certificate for setting up of THErmal Power Plant and quash the same as illegal.

(3.) THE southern side of the unit Kalugoorani village is located at a distance of about 110m. At the north eastern side Bharahidasan Nagar hamlet is located at the boundary. At the west direction coconut trees and irrigation fields are located. At the northern direction paddy fields, irrigation lands are located. At the eastern direction, agricultural lands are located. THE respondent unit proposes a buffer zone around the unit's boundary to develop green belt. THE Board resolved to approve the grant of NOC to the unit subject to the conditions and one of the conditions is that the unit shall leave a buffer zone of 150 metres from the Bharathidasan Nagar and Kalugoorani habitation. THE Board issued 'NOC' to the unit vide letter dated 28-6-2005. As per the EIA Notification, the unit has to obtain environmental clearance from the State Government. THE public hearing had been conducted as stipulated in the EIA Notification. Based on the views expressed in the public hearing, the respondent unit has been requested to furnish additional particular. After, the unit assured to provide buffer zone around the unit, the subject was placed before the Board and the Board resolved to approve the grant of NOC.