NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Application No. 20/2011
Friday, the 24th day of February, 2012
1. Hon'ble Justice Shri C.V. Ramulu
2. Hon'ble prof. R. Nagendran
B E T W E E N:
S/o Nallappa Gounder
168, Jhansi Nagar
Tamil Nadu .....Applicant
1. The District Collector
2. The Chairman
Tamilnadu Pollution Control Board
76, Mount Road
3. The District Environment Engineer
Tamilnadu Pollution Control Board
4. The Executive Officer
Veerappan Chatram Municipality
5. K. Sampath
125, 127, Kongu Nagar
Municipal Colony Road
Tamil Nadu ......Respondents
(Advocates appeared: Mr. R Raja Ramani for the Appellant, none appeared for R-1, R-3 and R-4. Mr. G S Mani, advocate appeared for the K Sampath(R-5))
(Order delivered by the bench)
This application is filed seeking relief for protection of environment against Respondent-5, who is said to be causing noise and dust pollution round the clock by running three powerlooms at Ward No. 13, Jhansi Nagar, Veerapan Chatram, Erode District, Tamil Nadu.
The complaint of the applicant in a nut shell is that he is a resident of Jhansi Nagar, Veerapan Chatram, Erode District, Tamil Nadu and the Respondent-5 has three Powerlooms operating in Survey No. 164/2, 192/2, 199/2 of Jhansi Nagar, Veerappan Chatram, Erode District, which are making loud noise round the clock in the locality. The school going children are not able to do their home work and the elderly people are not able to sleep due to heavy noise. Some of them are in fact affected by so many health problems like asthma, sinusitis, etc., due to emission of cotton dust. Though he made a representation on 24.01.2011 to Respondent-2, ventilating the grievances of residents and to remove all the powerlooms from the residential locality, nothing was done. However, a team from the Tamil Nadu Pollution Control Board visited the powerloom units of Respondent-5 on 18.11.2011 and the Chief Scientific Officer, Tirupur submitted a report dated 24.11.2011 to
Respondent-3. Tamil Nadu Pollution Control Board authorities also found that noise pollution control measures are not yet installed in any of the powerlooms.
Two or three times air sampling and noise level survey were done but nothing happened. In the reply filed by Respondent-2 and Respondent-3, inter alia, it was stated that the unit was inspected last on 07.07.2011 by the District Environmental Engineer and he observed the following:
1. The unit was in operation and it has 18 powerlooms.
2. The Survey report of Ambient Noise Level survey conducted in the vicinity of M/s. Sampath Power loom Unit-III revealed that the noise level in idle condition and in operation, in the complainant houses varies from 49.1 dB(A) to 72.2 dB(A) and 54.4 dB(A) to 79.1 dB(A), respectively. The Ambient Noise Level during operation of the power loom exceeds the limit of 55 dB(A) prescribed for residential area.
3. The unit has not taken any steps to reduce the Noise Level.
4. The unit is located amidst residential area.
5. The unit is operating without the consent of the Board.
6. Frequent complaints are being received against the operation of the unit from the public.
It is also stated that the unit owners and the complainant were called for a personal hearing on 24.11.2011 and their views were obtained. The unit owners in the letter dated 12.12.2011, informed that they have installed noise abatement instrument and measures like covering for windows with aluminum glass doors which will be closed during operation of the unit. So far as this fact is concerned there is no dispute.
However, learned counsel for the applicant stated that in spite of all directions issued by the Pollution Control Board Authorities nothing substantial has been done till date. Therefore, the respondents are required to be told that they have to adhere to the norms of the Pollution Control Board as desired by the authorities.
Under these circumstances the application stands disposed of directing the District Environmental Engineer, Tamil Nadu Pollution Control Board, Erode, Tamil Nadu and Executive Officer, Veerappan Chatram Municipality, Erode district, Tamil Nadu, to monitor the situation periodically and record the sound and dust pollution levels caused by these powerlooms.
If there is any violation by the Respondent-5 as to the suggestions given by the authorities, the District Environmental Engineer and Executive Officer of 3|4
Veerappan Chatram are at liberty to take appropriate steps as per law after issuing notices under concerned Acts. The applicant is also at liberty to file complaint, if any, in this regard before the Respondents-3 and Respondent-4. The same shall be considered and suitable action taken is intimated to the applicant in writing by the Respondent-3 and Respondent-4.
If the Respondent-5 has no consent to operate the unit, the District Environmental Engineer shall insist upon the same for regulating the running of power looms as per law.
(Prof. Dr. R. Nagendran) (Justice C V Ramulu) Expert Member Judicial Member