PARK CETP P LIMITED Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) ORIGINALLY the petitioner Combined ETP (Coetp in short) had three units. Seven more units are proposed to be included as its members. It appears that they initially decide to instal R. O. Plants individually. Thereafter, they dropped the idea and decided to form a Common ETP (CETP in short ). According to them, they have installed an ETP and the R. O. plant in common and it is ready for commissioning. According to them, the existing three units and proposed seven units are situated 5 kms away from Noyyal River. According to the petitioner, there are 19 more CETPs in Tiruppur and they all have given consents to instal R. O. plants and the Central Governments and the State Governments have given subsidy to those CETPs. The petitioner Coetp also decided that they would avail of these benefits of subsidy and according to them, the Anna University had also approved of the project report on 15-07-2008. However, the impugned order dated 14-11-2006 stands in their way of establishing the CETP and therefore, they have filed this writ petition for a certiorari to quash the said order directing the Tamil Nadu Pollution Control Board to give consent to establish and operate the ETP R. O plant in common to the petitioner Coetp and also for a direction to recommend the case of the petitioner Coetp for subsidy from the 1st and 2nd respondent.

(2.) WHILE making his submissions, the learned counsel for the respondent said that the directions for the grant of subsidy is not pressing the prayer and submitted that he will take steps to avail of the benefit that is granted by the Government.

(3.) ACCORDING to the learned counsel, there are no legal hurdles and the Pollution Control Board has rejected his application and insists they will only give them permission to establish a combined ETP and not a common ETP and he would also submit that for the grant of subsidy they should establish a common ETP and if they establish a combined ETP they will not be entitled to the said benefit. According to the learned counsel, they have fulfilled all the conditions of the establishment of a common ETP.