S N K RAVI Vs. CHEMPLAST SANMAR LIMITED

JUDGEMENT

(1.) THE writ petition has been preferred by the petitioner in public interest for a direction directing respondents 3 and 4 to conduct an elaborate enquiry with regard to installation and erection of the second respondent PVC Industry, Cuddalore, SIPCOT complex, Phase II, Semmankuppam, Thyagavalli village, Cuddalore and take action thereupon.

(2.) THE petitioner is a journalist of a newspaper. It was submitted that PVC (Poly Vinyl Chloride) is a world wide poison plastic and it is associated with the release of environmental poisons including persistent organic pollutants, which cause a wide range of human health hazards including cancer, immune system and reproductive system damage. THE PVC plant will emit fugitive emissions from pumps, compressors, pressure releasing devices, valves, etc., and also it is not possible to monitor the leaks of fugitive emissions from various sources without leak protection system. THE company, if allowed to function, will discharge million litres of treated effluent per day containing 1 mg/litre Vinyl Chloride Monomer (VCM) and hence the treated effluent will release 82.5 gms of additional load per hour and the employees and public living around the plant will be affected due to inadequate monitoring devices at ground level emission. THE effluent containing Vinyl Chloride Monomer (VCM) induces damages to nervous system, immuno system, liver thyroid, eyes and skins besides causing necrosis. It is also responsible for reynolds phenomenon which will erode bones, finger tips, nails and blood circulation.

(3.) THIS Court, having noticed that the industry may emit any gas, which may increase pollution levels including carcinogens and other type of pollution emissions affecting the public in general, direction was issued to the Tamil Nadu Pollution Control Board to submit a report, by order dated 15.09.2009. The second respondent and the Tamilnadu Pollution Control Board raised the question of maintainability of the writ petition. On 07.10.2009 it was brought to the notice of the Court that the permission granted with the consent granted by PCB for establishment of the industry in question was earlier challenged before this Court in W.P. No.21791 of 2008 by one Nizamudeen by way of public interest litigation. A Division Bench of this Court, by a detailed judgment, which is reported in 2008 (6) CTC 1, having noticed the relevant facts, held as follows :