SOUTHERN ASSOCIATES Vs. APPELLATE AUTHORITY/THE SECRETARY TO GOVERNMENT AND ENVIRONMENT AND FOREST DEPARTMENT

JUDGEMENT

(1.) THE prayer in W.P. No. 14924/99 is for the issue of a Writ of Certiorari to call for the records of the Tamil Nadu Pollution Control Board, the second respondent herein, relating to its proceedings dated 31.8.1999 No. R2/TNPCB/F. 2719/TLR/RS/A/99-1 and to quash the same as illegal and without jurisdiction.

(2.) W.P. No. 14925/99 is also for the issue of Writ of Certiorari to call for the records of the Appellate Authority, namely, the Secretary to Government of Tamil Nadu Environment and Forest Department, the first respondent herein, bearing date 29.7.1999 and made in proceedings C. No. 14146/ECJ/99 confirming in so far as it relates to condition No. 17 found in Annexure No. I of the consent Order No. 12338, dated 26.4.1999 issued' by the second respondent Pollution Control Board - vide proceedings R-2/TNPCB/F.2719/TLR/RS/A/99, dated 26.4.1999.

(3.) THE second respondent-Board has filed a report through the Additional Chief Environmental Engineer signed on 22.9.1999 and the report is to the following effect. "THE Unit had applied to the Board for consent under the Air Act on 8.4.1994. As complaints were received against the unit regarding noise emission and vibrations caused due to the forging operations and the unit had not switched over to press type forging system as agreed to, to reduce the noise level, the application tiled by the unit was rejected by the Board in its letter dated 6.12.1996. THEre was an appeal preferred before the Appellate Authority by the petitioner. THE Appellate Authority at its meeting held on 28.2.1997 decided to refer to I.I.T./Anna University for making an independent study on the impact of the functioning of the unit and vibration caused due to forging operations and noise emissions. Based on the report of noise level, survey conducted on 3.7.1997 by I.I.T., Chennai, the Appellate Authority, in its meeting held on 8.8.1997, decided to grant consent to the unit since the measured noise level was within the permissible limit, subject to a condition that the unit should operate only from 9. a.m. to 6. p.m. and the Board should conduct at least five surprise checks during each month by engaging I.I.T. and if at any time the noise level or vibration level was more than the limit, then immediately the unit should be directed to stop. Consent under Air Act was issued to the unit on 11.9.1997 with validity upto 31.12.1997 subject to certain conditions as per the decision of the Appellate Authority. I.T.I., Chennai conducted six surprise noise level surveys during April, 1998 October, 1998 and furnished the report. Surprise noise level study had been conducted in front of Door No. 6/320 five times on various dates and the noise level was found ranging from 59 dB(A) to 75.6 dB(A) as against the permissible limit of 55 dB(A) prescribed for the residential area. Noise area study was also conducted on 11.6.1998 in front of Door No. 5/467 located at about 150 metres from the said Unit and the noise level was found to be 60.8 dB(A) as against the permissible limit of 55 dB(A). Frequent complaints were received stating that the noise level generated by the Unit exceeded the permissible limit prescribed for residential areas. Closure direction and stoppage of power supply were issued on 13.12.1998. THE appeal was disposed of on 10.3.1999 directing the Board to consider the issue of fresh consent stipulating the pollution levels in the adjacent residential area on account of the petitioner Unit and to initiate necessary action against them as per law if they violate the conditions of consent. Orders of revocation and power supply were issued to the Unit in proceedings dated 19.3.1999. Fresh consent orders under Water Act and Air Act were issued to the Unit with validity upto 30.6.1999 subject to conditions stipulating pollution levels. In order to assess the compliance of condition, noise level survey was conducted on 20.5.1999 at five stations with and without forging operations. THE report of noise level survey showed that Leq near the compound wall of TNHB No. 42 during forging operation was 71.2 dB(A) against the permissible Limit 55 dB(A) for residential area. Further, Leq near the cooling tower of the unit during forging operation was found to be 84.6. dB(A) as against the permissible limit of 75 dB(A) for the Industrial area. This necessitated the issuance of the show-cause notice for violation of the consent order condition issued under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981, 1981 in proceedings dated 9.6.1999. An appeal was filed for deletion of clause 17. THE appeal having been dismissed on 29.7.1999, directions under Section 31-A of the Air Act for the closure and stoppage of power supply were issued to the Unit on 31.8.1999. Power Supply was disconnected on 9.9.1999."