S. MUNUSWAMI Vs. CHAIRMAN

JUDGEMENT

(1.) THIS application is filed by the applicants herein praying for directions to the 1st and 2nd respondents to take action against the 7th respondent for the pollution caused and to make an inspection and take steps to curb the carbon black pollution in the area, to adopt and implement a time bound, scientific technically sound process for the restoration of the affected areas and take necessary steps to restore it to its original form and to form a monitoring committee which includes all the stake holders as well as the concerned members of civil society and local communities to oversee the restoration of the Pappankuppam and Sitharajakandigai villages.. The applicants and the respondents have entered appearance barring the 4th respondent who was called absent and set ex parte by the order dated 20.3.2014 of the Tribunal. The brief facts of the case as averred by the applicants can be stated thus:

(2.) PER contra, the 1st and 2nd respondent/Board filed the reply affidavit in which it has been stated that the main raw material used is Carbon Black feed Stock, which is thermally cracked at high temperatures in specifically designed reactors and the manufacturing activity does not generate any wastewater. However, wastewater is generated from utilities like De -mineralization Plant, Boiler and from floor washing. The wastewater is treated in an Effluent Treatment Plant (ETP) and the treated effluent is subjected to Reverse Osmosis (RO) and the condensate from the mechanical evaporator is reused. The rejects from the mechanical evaporator is solar evaporated in impervious solar evaporation pans. The 7th respondent has provided bag filters and stacks for the control of air pollution from reactors, purge gas section, dryer, batching and mixing mill. The unit has provided air pollution control measures in all possible sections of emission sources and the ROA/SM survey conducted on 6.4.2011 and 7.4.2011 reveals that the parameters are within the prescribed norms. The consent has been issued for manufacturing 12,500 MT/month of carbon black, 750 MT/month of un -vulcanized rubber compound in sheet and 1.2 MW of power through WHRB. The consent has been renewed to the 7th respondent unit for the period upto 31.3.2013. The unit has also obtained Environmental Clearance from the Ministry of Environment and Forests (MoEF) of the Government of India by the proceedings dated 21.9.2011 and consent for establishment for the expansion has been issued to the unit to increase the carbon black manufacturing to 18,750 MT/month and power to 47 MW vide Board's proceedings dated 11.2.2013. The unit is drawing about 400 -700 M3 of groundwater daily which has been metered and claimed by SI.P.C.OT. The unit is not discharging any effluent outside the premises and has provided air pollution control measures in all possible sources of emission. On the above submissions, the 1st and 2nd respondents have sought for passing appropriate orders by the Tribunal.

(3.) THE 6th respondent in his reply affidavit has stated that the State Ground and Surface Water Resources Data Centre (SG&SWRDC) started functioning from the year 1970 with a view to carry out systematic, scientific groundwater investigation in the State of Tamil Nadu. At present, the activities of Ground Water Department are oriented with the objective of continuous monitoring of water table fluctuations and periodic assessment of groundwater potential consultancy services to the farmers and public etc. The SG and SWRDC is authorized to issue groundwater availability certificate for extraction of groundwater to the industries and other organizations in the State and is the authority to issue groundwater clearance certificate. The 7th respondent has not approached for ground water clearance certificate from the SG and SWRDC. Hence, the 6th respondent seeks to pass appropriate orders on the Application.