CoramThe Honourable Mr v. The Union of India

IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 13-9-2007CoramThe Honourable Mr.Justice S.J.MUKHOPADHAYAandThe Honourable Mr.Justice N.PAUL VASANTHAKUMARW.P.No.497 of 2003W.P.M.P.Nos.18476, 18477 of 2003The Vadalur Sarvodaya Nagar andBoomidhan Residents Welfare Association,(Regn.No.107/2002)Vadalur, Cuddalore District,rep.by its President N.Sadasivam ...PetitionerVs.1.The Union of India,rep.by the Secretary to Government,Ministry of Environment and Forests,6th Floor, CGD Complex,Paryavaran Bhavan, Lodhi Road,NEW DELHI2.The State of Tamil Nadu,rep.by the Secretary to Government,Department of Environment and Forests,Fort St. George, Chennai - 600 009.3.Tamil Nadu Pollution Control Board,rep.by its Member Secretary,100, Anna Salai,Chennai - 32.4.The District Environment Engineer,Tamil Nadu Pollution Control Board,No.59, Seetharama Nagar,Cuddalore - 607 001.5.The District Collector,Cuddalore.6.STCMS Electric Company (P) Ltd.,C.P.Ramaswamy Road,Chennai. https://hcservices.ecourts.gov.in/hcservices/

7.The Chettinad Lignite Transport Services Ltd.,Vadalur, Cuddalore. ...RespondentsThis writ petition is filed under Article 226 of Constitution ofIndia, praying this Court to issue a writ of mandamus forbearing therespondents from storage, transport of coal from or through Vadalur,Cuddalore District.For Petitioner:Mr.T.MohanFor 1st Respondent:Mr.P.Wilson, Asst. Solicitor GeneralFor Respondents 2 & 5:Mr.D.Srinivasan, Addl.Government PleaderFor Respondents 3 & 4:Mr.RamanlalFor 6th Respondent:Mr.Sriram Panchu, Senior Counsel for Mr.G.AnbumaniFor 7th Respondent:Mr.Sathish ParasaranO R D E R(Order of the Court was made by S.J.MUKHOPADHAYA, J.)The Writ petition was filed in public interest for forbearing therespondents from storage, transport of coal from or through Vadalur,Cuddalore District.2.According to the writ petitioner, the 7th respondent-TheChettinad Lignite Transport Services Ltd., Vadalur, extracts lignite frommine 1A of the Neyveli Lignite Corporation (NLC) and transport the same toVadalur Railway Station, wherefrom the coal is transported to the 6threspondent-The STCMS Electric Company (P) Ltd., Chennai. There are morethan 100 families reside in Sarvodaya Nagar near the Vadalur RailwayStation. The operation of the lignite depot at Vadalur results in highlevels of suspended and respirable particulate matter being generatedduring various points such as, transport from the mine, storage at thebunker unit at Vadalur and transportation from the bunker to the silo byconveyance and transport from the silo to the zero unit. Apart from highrisk to the ecology, there is also a high risk of serious human healthimpacts likely to be caused. The bunker is situated in an area, wherethere are more than 2400 houses assessed to property tax. There are manymore hutments and low income residential housing in the area. The healthimpacts extend to over 40,000 people reside in and around Vadalur and over25 villages, situate in the neighbourhood. The grievance of the https://hcservices.ecourts.gov.in/hcservices/ petitioner is that the first respondent while granting clearance to thePower Plant, was under the impression that the transport of coal by roadthrough lorries would be with adequate dust suppression measure adoption.This appears to be the claim in the Environment Impact Assessment. Thematter having come to the notice of the petitioner, has alleged thatthough he represented the matter to the Government of Tamil Nadu on23.9.2002, no action was taken.3.During pendency of the writ petition, the petitioner filed anaffidavit wherein it is alleged that he could learn that the 6threspondent Company, though obtained consent for establishment of the Unitin the year 1998 and commenced production activity in the year 2002, nopublic hearing or Environment Impact Assessment was conducted for theentire project.4.The 7th respondent-The Chettinad Lignite Transport Services (P)Ltd., Vadalur, who is in fact the Transporter of lignite from Neyveli toVadalur, while denied the allegation, has taken the plea that adequatesafeguards have been taken to protect from any Environmental hazards apartfrom other steps taken for transportation of lignite from Neyvely toVadalur to prevent any pollution. The lignite has very high moisturecontent and is not prone to fugitive emissions. NLC has beentransporting lignite in open conveyors eversince the inception for severaldecades, but the 7th respondent has been transporting lignite from NLC intrucks, which are properly covered and sealed by tarpaulins. The trucksmove along the road in the NLC land to the underground bunker, where thelignite is unloaded. A forced jet spray of water through nozzle has beeninstalled to suppress emanation of any dust particles. The spray of wateris inter-locked with dumping platform of the bunker so that it getsactivated during unloading of lignite from trucks. The lignite, which isunloaded, is transferred from the bunkers to the silos by coveredconveyors. These conveyors are covered on all sides. Water is sprayedthrough nozzles at transfer points in the conveyors for dust suppression.Any emission from each storage silos is taken to the respective bagfilters that can filter particles upto 60 microns size. The clean,filtered and dust free air is released into the atmosphere. It is fromthe silos that the lignite is loaded into the railway wagons and otheractions are taken. The following steps seems to have been taken by the7th respondent:(a)Providing dust suppression system through water spray nozzles for DumpHopper, Transfer points in the conveyor and loading chutes.(b)Bag filters to arrest dust in the silos.(c)Covering all hoppers as well as conveyors with G.I. Sheets.(d)Provisions of Green Belt around the unit.(e)17 mtrs. x 11 mtrs. Height wind cladding on all three sides of thedumphopper.This apart, the 7th respondent also stated that they have taken adequatesteps to provide a green belt around the Control Room area as well asdeveloping a green belt cross at dump hopper area. https://hcservices.ecourts.gov.in/hcservices/

5.In the counter affidavit of the 6th respondent it is submittedthat the Environmental clearance in favour of the 6th respondent wasobtained as back as on 3.5.1994; No Objection Certificate to set up theunit from the Tamil Nadu Pollution Control Board was obtained on24.5.1994; consent to establish the plant under section 21 of the Air(Prevention and Control of Pollution) Act, 1981, and consent undersection 25 of the Water (Prevention and control of Pollution) Act, 1974,were obtained on 2.6.1998. According to the 6th respondent, no hearingwas required to be given in public at that stage and in fact a sum ofRs.1400 crores has been invested for the power project, which isfunctioning from the end of 2002.6.The Tamil Nadu Pollution Control Board was asked to inspect andsubmit a report to find out as to whether the activities of the 6th and7th respondents are detrimental to the public in general. In its reportdated 5.9.2007 while it is stated that the Unit was inspected on 3.9.2007,the following statements are made therein:"TAMIL NADU POLLUTION CONTROL BOARDFromToEr.R.Ramasubbu, M.E.,(PH).,The Member Secretary,District Environmental Engineer,Tamil Nadu Pollution Control Tamil Nadu Pollution Control Board, Board,83/6, Bharathi Road (1st Floor)76, Mount Salai, Guindy,Cuddalore - 607 001.Chennai - 600 032.Lr.No.DEE/TNPCB/Ind/CUD/F.0015/2007, dated 05.09.2007Sir,Sub:TNPC Board - Hon'ble High Court, Chennai -W.P.No.497/2003-filed by Vadalur Sarvodaya Nagar -M/s.Chettinadu Lignite Transport Services (P) Limited,Vadalur - latest report - Submitted - Regarding.Ref:1. Bds Memo.No.TNPCB/LAW/LA-1/0737/2007, dated 30.08.20007.2. Bds.Proc.No.T12/TNPCB/MIOCS/F719/CUD/W/2007/ dt.08.08.2007.3. Bds Proc.No.T12/TNPCB/MIOCS/F719/CUD/A/2007/ dt.008.08.2007.---With reference to the above, I am submitting that, Consent toestablishment is issued to the unit of M/s.Chettinadu LigniteTransport Services (P) Limited, Vadalur for carrying outcollection, storage and transportation of 7000 T/Day of Lignitefrom this office proceeding No.DEE/TNPCB/CUD/F.OL-05/2002-1, dated28.08.2002 under the Water (Prevention and Control of Pollution)Act, 1974, as amended and vide this office proceeding https://hcservices.ecourts.gov.in/hcservices/ No.DEE/TNPCB/CUD/F.OL-05/2002-2, dated 28.08.2002 under the Air(Prevention and Control of Pollution) Act, 1981, as amended. Theunit has commissioned the operation on 24.01.2003.Subsequently frequent public complaints are raised from thenearby habitation regarding the lignite dust pollution. Hence,necessary direction has been issued to the unit under the Section31-A of Air (Prevention and Control of Pollution) Act, 1981 asamended to carry out certain improvement measures vide Board'sProceeding No.TNPCB/LAW/LAI/022190/2003, dated 18.03.2005. Theunit has also been requested to carry out certain improvementmeasures including the constructions of 3.0m ht. compound wall overwhich 3.0 m ht. G.I.Sheet as wind barrier vide reference videBoard's letter No.T12/TNPCB/719/RL/CUD/dated 06.04.2005. A showcause notice has been issued from this office vide reference videthis office Proceeding No.DEE/TNPCB/CUD/F.OL-05/2006, dated07.06.2006 for operating the unit without the consent to operate ofthe Board under the Section 31-A of the Air (Prevention and Controlof Pollution) Act, 1981 as amended (copy enclosed in Annexure-I).The unit has furnished a reply to the above show cause notice(copy enclosed in Annexure-II). After complying with thedirections and the improvement measures suggested by the Board, theunit has requested for consent to operate of the Board vide it'sletter dated 19.08.2006 (copy enclosed in Annexure-III).The unit was inspected on 07.06.2007 and found that the unitand the Air Pollution Control Measures were in operation wasrecommended for the issue of consent to operate to this unit underthe both Acts to the Board office. Subsequently, consent tooperate has been issued to the unit under the both Acts videBoard's Proceeding vide ref.2nd and 3rd cited subject to certainconditions.The unit was inspected on 03.09.2007 and the compliances ofthe steps taken to prevent pollution as stated i the counteraffidavit filed by the 7th Respondent, is furnished below:-Sl.No.ConditionCompliance01The Respondents are spraying water through dustsuppression system while loading lignite intotrucks at the mines stockpile itself.Compliedwith.02The Respondents are transporting lignite intrucks that are fully covered by tarpaulin.Compliedwith.03Originally the 5 k.m. road from dump hopper toNLC Mine IA stockpile area was a mud/kaccha roadwith lots of undulation. Now 800 Mtrs. of roadfrom dump hopper have been converted into cementconcrete road and the rest of them have beenblack topped and there is therefore no spillage.Compliedwith. https://hcservices.ecourts.gov.in/hcservices/ Sl.No.ConditionCompliance04Concrete has been laid in the unloading platformand in the ramp area. Water is sprayed regularlyon the roads from NLC Mine-IA to Vadalur dumphopper, unloading platform and in the ramp areathus controlling dust emission.Compliedwith.05Greenery has been developed at the road sides andabout 500 numbers of trees and plants wereplanted in and around dump hopper as a greenerydevelopment measure in 2003 and about 1300 plantswere added in the year 2005.Compliedwith.06Initially 8 Nos. of Multi tipper automatic waterspray (Mist type) nozzles were installed in thedump hopper to prevent the pollution in east andsouth sides. To curb the dust pollutioncompletely, additional 8 Nos. of multi-tippedautomatic water spray nozzles have been added ata height of about 3 mtrs. above the existingnozzles to prevent the pollution in dump hopperduring dumping lignite from tippers.Compliedwith.07The dump hopper has been fully covered byvertical/ straight cladding G.I. Sheets.Initially louvre sheets were provided in dumphopper area. To prevent the dust emissioncompletely louvre sheets have been converted intovertical/straight cladding sheets.Compliedwith.083 meters height Vertical/ Straight claddingsheets with rubber flaps have been provided onthe top of the dump hopper in north and westsides to serve as a dust curtain.Compliedwith.09The respondents have installed a windscreenarrangement to an effective height of 11 mtrs.above the ground level on three sides (North,east and south sides) of the dump hopper and toan effective total length of 170 mtrs. as perTNPCB advice which has eliminated the airpollution in the surrounding area.Compliedwith.10The total conveyor system is covered withcladding G.I. sheets on both sides of theconveyor and top roof has been laid. Theconveyor bottom is fully covered by deck sheets.Hence the pollution is completely controlled.Compliedwith.11All the transfer points of the conveyors areequipped with water water spray nozzles for DustSuppression.Compliedwith. https://hcservices.ecourts.gov.in/hcservices/ Sl.No.ConditionCompliance12The skirt board sealing system is provided at allthe transfer points to avoid the spillage fromthe belt conveyor.Compliedwith.13Scrapper pads have been installed in all beltconveyors to wipe the sticking materials in thebelt conveyor and hence spillages are highlyreduced.Compliedwith.14The respondents are having Dust collectors/bagfilters on top of each silo to settle theparticulate matter while filling the silos.Compliedwith.15The louver type sheeting in the silo top ismodified to Vertical/ Straight cladding typesheeting as per the advice of TNPC Board at allplaces of the conveying system, drive and tailstations.Compliedwith.16Doors are provided with auto closing arrangement(Door Closer) in the entry points at silo topconveyor galleries.Compliedwith.17The silo bottom is fully covered with G.I. Sheetson both the sides. GI cladding sheets and rubberpads are fixed on the rail entry and exit area asdust curtains.Compliedwith.18The loading chutes have been installed with DustSuppression System so that the water is sprayedin the form of mist and hence the emission ofparticulate matter is completely controlledduring wagon loading.Compliedwith.19The respondents have installed polycarbonate viewglass in the GI Sheet Window in the north side ofthe silo bottom at the wagon loading area as perthe TNPC Board advice.Compliedwith.20Installing an Acoustic Enclosure around thegenerator set has also reduced the noisepollution created from the D.G.Set.Compliedwith.21The respondents have been loading 58 wagons withmulti engine for the past two years. Now therespondents are using 46 wagons with singleengine and hence the noise created has also beendrastically reduced.Compliedwith. https://hcservices.ecourts.gov.in/hcservices/ Sl.No.ConditionCompliance22The respondents have planned to plant 1000 treesamplings in and around Vadalur Panchayat areaas per the District Collector advice whichprocess has commenced.Underprogress.23Thus suspended particulate matter generatedduring transportation and handling of lignite andnoise pollution generated during loadingoperation and running the generator sets wereidentified and remedial actions were doneaccording to TNPC Board recommendations. There istherefore no pollution as sought to be alleged.Compliedwith.The AAQ/ANL survey conducted on 11.07.2006 reveals that theparameters SPM, SO2 , NOx and ANL are within the tolerance limitspecified for the Residential zone in all the location (copyenclosed).This is submitted for favour of kind information and necessaryaction please.Sd/- xxxxxxxxxDistrict Environmental Engineer, TNPC Board, Cuddalore."7.The learned counsel for the writ petitioner requested to verifyas to whether the above report is correct or not. But, in the absence ofany contrary material, we accept the report as submitted by the Tamil NaduPollution Control Board.8.Now the only question arises is whether any public hearing wasgiven before grant of Environmental Clearance, in favour of the 6threspondent.9.It is informed that the Public hearing was made mandatory asback as on 27.1.1994, which was made optional on 3.5.1994. It was againmade mandatory on 10.4.1997. In the present case, the EnvironmentalClearance was given in favour of M/s.Neyveli Lignite Corporation, on23.12.1988, which was subsequently transferred in favour of the 6threspondent. Thereafter, Environmental Clearance in favour of thepetitioner was given on 3.5.1994. For more than 8 to 10 years noobjection was raised by any individual including the petitioner till thecompany invested the total amount and started functioning since December,2002. In any case, the mandate of public hearing was made optional since3.5.1994. https://hcservices.ecourts.gov.in/hcservices/

10.From the above said facts it is evident that when the originalEnvironmental Clearance was given in favour of NLC, there was norequirement for public hearing and subsequently when it was issued infavour of the 6th respondent, it was made optional. Again it was on the10th April, 1997, it was made mandatory. In any case, now more than tenyears have passed since the Company started functioning and the Tamil NaduPollution Control Board also after due verification, submitted a report infavour of the respondent and hence we are not inclined to decide the issueas raised in the amendment petition in W.P.M.P.No.18476 of 2003.11.In these circumstances, no further order is required to bepassed in the present case. The writ petition is disposed of. There willbe no order as to costs. Connected miscellaneous petitions are closed. vrsd/-Asst.Registrar/true copy/Sub Asst.RegistrarTo1.The Secretary to Government, Ministry of Environment and Forests,6th Floor, CGD Complex, Paryavaran Bhavan, Lodhi Road,New Delhi.2.The Secretary to Government,Department of Environment and Forests,Fort St. George, Chennai - 600 009.3.The Member Secretary, Tamil Nadu Pollution Control Board,100, Anna Salai, Chennai - 32.4.The District Environment Engineer, Tamil Nadu Pollution Control Board,No.59, Seetharama Nagar, https://hcservices.ecourts.gov.in/hcservices/ Cuddalore - 607 001.5.The District Collector, Cuddalore.+ 1 cc to Mr.R.Ramanlaal Advocate SR.NO.57903+ 1 cc to Mr.Salish Parasaran Advocate SR.NO.57459+ 2 cc to Mr.G.Anbumani Advocate SR.NO.57338+ 1 cc to Mr.P.Wilson Advocate SR.NO.57376+ 1 cc to Govt.pleader SR.NO.57398MDR(CO)RD 20.9.07W.P.No.497 of 2003