Citation Codes

Equivalent Citations

citation codes

Case Number

Appeal Nos. 16 to 19 of 2019 (SZ)

Attorney(S)

M/s. V. Chandrasekaran, ;
M/s. V. Suthakar & K.S. Viswanathan for the R1;
M/s. Abdul Saleem and S. Saravanan for the R2-R3.

Judges

K. Ramakrishnan, Member (Judicial)
Saibal Dasgupta, Expert Member

Acts

Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974 and 31-A of the Air (Prevention and Control of Pollution) Act, 1981.
section 31 A of the Air (P&CP) Act, 1981

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Smart Summary

Structured Summary of the Provided Legal Opinion

Factual and Procedural Background

The appeals arise from four matters (Appeal Nos. 39–42 of 2019) brought by the appellant, which represents the State Headquarters of the Border Security Force (BSF), Chennai. The BSF was allotted approximately 11.33 hectares (28 acres) at Keerapakkam Village (land transfer by TN GO (Ms) No. 43 dated 21.01.2015) and has erected temporary structures and begun construction for permanent accommodation. The BSF complained of noise and air pollution caused by numerous stone crusher units and quarries located near their premises; they submitted complaints to the District Collector and to the Tamil Nadu Pollution Control Board (TNPCB).

TNPCB inspected the area and issued closure orders (and disconnection of electricity) against certain stone crusher units for violating pollution norms by invoking powers under the Air (Prevention & Control of Pollution) Act, 1981 (Section 31-A) and the Water (Prevention & Control of Pollution) Act, 1974 (Section 33-A). Four stone crusher units (arrayed as first respondents) challenged closure orders before the TNPCB Appellate Authority. The Appellate Authority set aside the closure and disconnection orders and directed revocation/restoration; the BSF (appellant) then filed these appeals before the National Green Tribunal (Southern Zone).

During pendency, the Tribunal directed fresh inspections by TNPCB and filings of status reports (reports dated 28.02.2020 are extracted in the opinion). The Tribunal heard counsel for the BSF (appellant), TNPCB, and the first respondents (stone crusher units).

Legal Issues Presented

Whether the Appellate Authority erred in setting aside TNPCB's closure and electricity-disconnection orders against the stone crusher units.
Whether the stone crusher units had remedied deficiencies and complied with the pollution-control directions so as to remove the basis for closure.
Whether the siting criteria (and related government orders) concerning distance from quarries/crushers to residential or institutional establishments (including the BSF headquarters) affect the entitlement of the pre-existing stone crusher units or the later-established BSF premises.
Whether any procedural defect (specifically lack of opportunity of hearing to the BSF before the Appellate Authority) warranted interference with the Appellate Authority's orders or remand for fresh consideration.

Arguments of the Parties

Appellant's (BSF) Arguments

The stone crusher units and quarries operate contrary to siting criteria and are located less than 100 metres from the BSF complex boundary (i.e., too close to BSF facilities).
No opportunity was given to the appellant before the Appellate Authority passed the impugned orders (i.e., procedural unfairness/lack of hearing).
The Appellate Authority relied on subsequent inspection reports to set aside closure orders, but pollution allegedly continued; when larger public interest (security forces' health) is at stake, private quarry interests should yield.

First Respondents' (Stone Crusher Units) Arguments

The stone crusher units and quarries have operated in that area for a long time (some since 1999–2000 or 2006) and were compliant with siting norms when established.
The BSF establishment on the transferred lands occurred later (lands transferred in 2015; BSF operations from 2014 onwards) and therefore BSF cannot displace lawful pre-existing industrial activity.
The units have complied with the directions issued by TNPCB to rectify deficiencies and have taken measures to curb pollution, thereby justifying revocation of closure and restoration of power.

Tamil Nadu Pollution Control Board (TNPCB) — Respondent Authority

Initial inspections (April–June 2019) found violations: inadequate water sprinklers, damaged/missing MS hood enclosures, insufficient greenbelt, lack of telescopic chutes, dust spread along vehicular areas, etc.; show-cause notices and closure orders were issued under Section 31-A of the Air Act (and Section 33-A of the Water Act where invoked).
Subsequent inspections (July–September 2019 and a further inspection on 01.02.2020) revealed remedial steps: GI-sheet cladding/covering of crushers, provision of water sprinklers, development/planting of greenbelt, provision of chutes, and 20-foot GI-sheet cladding between crusher sites and BSF premises.
Upon satisfaction that directions had been complied with, TNPCB revoked closure orders and restored power; TNPCB submitted status reports to the Tribunal confirming compliance and recommending periodic inspections.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Tribunal's reasoning proceeded from factual findings in the TNPCB inspection reports and the relevant timing of events:

Temporal and siting context: The Tribunal noted as admitted facts that nearly 17 stone crusher units and quarries had been functioning in the Keerapakkam area since about 1999 onward, and that siting criteria for stone crushers were issued in 2004. The BSF lands were transferred only in 2015 and BSF started operations around 2014. Thus, the stone-crusher activities predated the BSF establishment in that location.
Applicable administrative prescriptions: The Tribunal recorded the content of administrative directions and government orders cited in TNPCB reports: BP Ms. No. 4 (02.07.2004) (no stone crushers within 500m of NH/SH or primary/mixed residential areas or places of public/religious importance) and G.O. Ms. No. 130 (14.06.2010) (rules about no construction of residential/commercial/institutional buildings within 300m of a live quarry and other 500m radii for crushers). The Tribunal observed that under these rules the BSF, having come later, should not have constructed within close proximity (noting eg. that some units were within about 30–50m of BSF area).
Basis for TNPCB actions and appellate review: The Tribunal summarized that TNPCB had issued closure/disconnection orders after inspections showing non-compliance with pollution-control norms (leading to action under Section 31-A of the Air Act and Section 33-A of the Water Act). Some units appealed to the Appellate Authority, which examined the units (including by obtaining subsequent inspections from TNPCB) and, finding compliance with the earlier directions, set aside the closure orders and directed restoration of electricity.
Tribunal-directed verification and final factual inquiry: During the Tribunal proceedings, it directed fresh inspections and received TNPCB reports dated 28.02.2020 that showed the units had implemented remedial measures (GI-sheet cladding, sprinklers, greenbelt development, chutes, etc.) and that, on those inspections, there was no possibility of pollution at the time of inspection.
Procedural objection and final disposition on that ground: Although the Tribunal observed it was not clear from the Appellate Authority's orders whether the BSF (appellant) had been given an opportunity of hearing before the Appellate Authority, the Tribunal declined to set aside or remit the matter on that ground. The Tribunal explained that requiring remand would merely delay resolution, and the BSF had been afforded the opportunity to present its grievance before the Tribunal; the Tribunal therefore considered the matter on merits rather than ordering remand for fresh hearing.
Conclusion of non-interference: Given the TNPCB's subsequent inspection reports and the Appellate Authority's satisfaction (on the basis of compliance) that there was no longer a possibility of pollution, the Tribunal concluded there was no reason to interfere with the Appellate Authority's orders setting aside closures. However, to protect public health and ensure ongoing compliance, the Tribunal directed TNPCB to carry out periodical inspections of the stone crusher units and to take appropriate action under law if violations or pollution recur.

Holding and Implications

Holding:

DISPOSED OF — The appeals filed by the Border Security Force are disposed of while confirming the orders of the Appellate Authority that set aside the closure and electricity-disconnection orders issued by the Tamil Nadu Pollution Control Board against the respective stone crusher units.

Immediate implications / consequences:

The Appellate Authority's orders revoking closure and restoring electricity to the stone crusher units are confirmed by the Tribunal based on TNPCB's subsequent inspection reports showing compliance with directions and an absence of present possibility of pollution.
The Tribunal directed the Tamil Nadu Pollution Control Board to conduct periodical inspections of the stone crusher units to ensure continued compliance with pollution norms and the conditions of consents/clearances. If any violation or pollution is found in future inspections, TNPCB is entitled to take appropriate action in accordance with law (including closure/disconnection as permitted by statute).
No order as to costs was made by the Tribunal.
The opinion does not announce or establish any new legal precedent; it disposes of the appeals on the factual record of compliance and on the basis of the administrative inspections and remedial measures recorded in TNPCB's reports.

Note: This summary is drawn exclusively from the content of the provided opinion. No external facts, precedent law or interpretation beyond the text was introduced.

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Union Of India, Rep. By Deputy Inspector General (S) v. R.K. Crushers, Rep. By Its Proprietor, Mr. B. Vijayakumaren And Others

K. Ramakrishnan, Member (Judicial):— The above appeals have been filed by the same appellant against the orders of the appellate authority in Appeal Nos. 39 of 2019, 40 of 2019, 41 of 2019 and 42 of 2019 respectively.

2. The common case of the appellant in all these cases was that they represent the State Headquarters of Border Securit Force, Chennai who have been allotted 28 Acres of land at Keerapakkam Village, Post-Nallambakkam, PS-Kayar, Kanchipuram District in Survey No. 99 to the extent of 11.33 hectare vide TN GO (Ms) No. 43 dated 21.01.2015. They have now constructed some temporary structures/tubular structures for accommodating around 200 Border Security Force, Jawans and other officials. The administrative office of the headquarters is also in a temporary structure. An amount of Rs.32 crore has been allotted for the purpose of construction of building which is in progress.

3. There are lot of stone crushers functioning around their complex which are causing not only sound pollution as well as air pollution. On account of the air pollution caused, the soldiers in the security force are affected by diseases. No proper pollution control mechanism has been provided by the stone crushers to arrest the pollution. So, they filed a complaint to the District Collector vide letter No. 602-07 dated 02.03.2019 and the Pollution Control Board, Kanchipuram District unit vide letter No. 3640-46 dated 09.04.2019 complaining about the pollution caused on account of the functioning of the stone crushers near their Head quarters. Later, inspection was conducted by the Pollution Control Board officials and they found that out of 17 stone crusher units which were inspected, 8 units alone were functioning and remaining 9 units were not in operation and they issued closure orders against 8 units for non-complaining of the pollution norms and this was intimated to them by letter dated 26.06.2019.

4. Against the closure orders first respondent M/s. R.K. Crushers in Appeal No. 16 of 2019 filed Appeal No. 39 of 2019, first respondent M/s. K.N.S. Blue Metals in Appeal No. 17 of 2019 filed Appeal No. 40 of 2019, first respondent M/s. Sri Sakthi Blue Metals in Appeal No. 18 of 2019 filed Appeal No. 41 of 2019 and first respondent M/s. M.R.S. Blue Metals in Appeal No. 19 of 2019 filed Appeal No. 42 of 2019 respectively before the appellate authority and the appellate authority by the impugned orders set aside the orders of closure and disconnection of electricity made. Aggrieved by the same, the present appeals have been filed by the appellant.

5. Heard Mr. V. Chandrasekaran, learned counsel appearing for the appellant, Mr. S. Saravanan, learned counsel appearing for the Tamil Nadu State Pollution Control Board and Mr. K.S. Viswanathan, learned counsel appearing for first respondent in these appeals.

6. Learned counsel appearing for the appellant submitted that the existence of quarries in the present place is against the siting criteria and they are situated less than 100 meters from the boundary of the appellant complex. Further no opportunity was given to the appellant and they were not heard before passing the impugned orders. Here also, learned counsel appearing for the appellant argued that the appellate authority had relied on subsequent inspection report for passing the impugned order and in fact the pollution still continues. Further, the appellants are representing the Border Security Force and the construction of the building for accommodating them and when larger public interest is involved, then private interest of the quarries will have to give way and the authorities should not have allowed the operation of the stone crusher units when they are not complying with the siting norms.

7. On the other hand, learned counsel appearing for first respondent submitted that the stone crusher units and quarries are functioning in that area since long time and at the time when they were established they were complying with the siting norms and permissions have been granted to them to carry on their work. Further, the appellant institution has come only recently and they cannot now claim the siting criteria for denying the avocation that is being carried on by first respondent unit since long time. They have complied with the directions issued by the Pollution Control Board to arrest the pollution and taken all necessary precautions to avoid anticipated pollution in future as well.

8. Learned counsel appearing for the Pollution Control Board submitted that earlier they were not complying with the pollution norms. So closure order was issued and certain directions have been given to rectify the deficiencies found at the time of inspection. Later, the deficiencies were rectified and now there is no possibility of any pollution. The appellate authority also after satisfying that the stone crusher units are complying with the pollution norms and all directions issued by the Pollution Control Board has been complied with, that the closure orders were set aside and they were permitted to operate.

9. During the pendency of the proceedings, this Tribunal had directed the Pollution Control Board to inspect the stone crusher units in question and submit present status report and also compliance of the directions earlier given which was shown as the cause of prior closure and accordingly they have filed their report dated 28.02.2020, in Appeal No. 16 of 2019 which reads as follows:

“It is submitted that there are about 17 stone crushing units located in the Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District. Out of 17 units only 8 units were in operation and the remaining had closed by themselves. The unit of M/s. RK Crushers is one among the said 8 units located in the said area at SF No. 79/5, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District was in operation since 2000 with an investment of Rs.11.92 Lakhs. The unit is located in the Non Planned area, Keerapakkam village and surrounded by M/s. Viswakarma Blue Metals on the eastern side, vacant land on the western side, Vacant land on the northern side and vacant land on the southern side. The unit falls in the administrative jurisdiction of Block Development Officer, Kattankolathur Panchayat Union and Tahsildar, Chengalpattu.

It is respectfully submitted that, the said unit is carrying out the manufacturing of various sizes of blue metal jelly - 1350 Ton/month and stone dust powder - 150 Ton/month using stone boulders as raw materials. The unit falls under Orange category as per B.P. Ms.No. 6 dated 02.08.2016. The activity involves feeding the stone boulders in the jaw crusher, crushed stone sieved in this sieving screen to obtain various sizes of blue metal jelly and stone powder. The unit generates sewage- 0.5 KLD and there is no generation of trade effluent from the unit. The unit treats and disposes the sewage through septic tank and soaks pit arrangements.

It is further submitted that earlier the respondent Board has issued directions for the closure and disconnection of power supply under Section 31 A of the Air (P&CP) Act,1981 to the said unit vide proceedings dated 18.01.2008 for operating the unit without valid consent of the Board and without Air Pollution Control measures. Further the Board has issued orders to revoke the directions issued for closure under Section 31 A of the Air (P&CP) Act,1981 as amended and restoration of power supply to the said unit vide proceedings dated 17.03.2008. The unit has applied for consent of the Board and obtained consent of the Board vide proceedings dated 02.01.2015 valid up to 31.03.2015. The unit has obtained renewal of consent under water (P&CP) Act, 1974 as amended and Air (P&CP) Act, 1981 as amended vide proceedings dated 08.07.2017 valid up to 31.03.2021.

It is respectfully submitted that, complaint petitions were received on 04.04.2019,12.04.2019 and 22.04.2019 from the Assistant Commandant (OC/REAR), SHQ, BSF located at Keerapakkam Village, Chengapattu taluk, Chengalpattu District regarding the noise and dust pollution existence due to the operation of the stone crushing units located in Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District.

Based on the compliant, the said area was inspected on 23.04.2019 and noticed the above said unit along with 7 other units were in operation and the observations made during the inspection is submitted as follows:

i. The unit has not provided water sprinklers of adequate capacity to control the dust emission from the bunker, jaw crushers, vibrating screen, conveyor and stone powder storage silo.

ii. The unit has not maintained the MS Hood enclosures to the jaw crushers and vibrating screens and the same was in damaged condition.

iii. The unit has not developed adequate green belt all around the premises for suppression of dust emissions

iv. The unit has not provided telescopic chutes at the product unloading conveyor to prevent dust release into the atmosphere during free fall off material from height.

v. Fine dust spreads all along the vehicular movement area and affecting the health of the nearby public.

Hence a show cause notice was issued to the said respondent unit for the above said violations vide Board's proceedings dated 26.04.2019 with a notice period of 7 days from the date of receipt of this notice. The unit vide its letter dated 17.05.2019 has stated that they have received the show cause notice only on 17.05.2019 and also stated that they will revert back with the action taken report and submit along with required documents and photographs on or before 31.06.2019.

It is respectfully submitted that, subsequently the unit of M/s RK Crushers located SF No. 79/5, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District was inspected on 08.06.2019, the following observations were made:

i. The unit was in operation

ii. The unit has not provided water sprinklers of adequate capacity to control the dust emission from the bunker, jaw crushers, vibrating screen, conveyor and stone powder storage silo.

iii. The unit has not maintained the MS Hood enclosures to the jaw crushers and vibrating screens and the same was in damaged condition.

iv. The unit has not developed adequate green belt all around the premises for suppression of dust emissions

v. The unit has not provided telescopic chutes at the product unloading conveyor to prevent dust release into the atmosphere during free fall off material from height.

vi. Fine dust spreads all along the vehicular movement area and affecting the health of the nearby public.

It is respectfully submitted that on the recommendations of the DEE, TNPCB, M.M. Nagar, the Board vide its proceedings dated: 11.06.2019 has issued directions for closure of the unit and stoppage of power supply under section 31 A of the Air (P&CP) Act, 1981 to the said unit and the TANGEDCO (TNEB) has disconnected the power supply the said unit on 15.06.2019. The unit has requested to revoke the closure direction and restore the power supply to the unit vide its letter stating that they have provided the adequate Air Pollution Control measures Based on that the said unit was inspected on 20.07.2019, 22.07.2019 & 21.09.2019 and during inspection the following observations were made:

i. The unit was not in operation and the power supply was disconnected

ii. The unit has provided GI sheet covering for the jaw crusher, sieve, conveyors

iii. The unit has provided water sprinklers to control the dust emission from the bunker, jaw crushers, vibrating screen, conveyor and stone powder storage silo.

iv. The unit has developed green belt on two side of the unit's premises and has also planted tree sapling for the development of green belt all around the premises for suppression of dust emissions

v. The unit has provided chutes at the product unloading conveyor to prevent dust release into the atmosphere during free fall off material from height.

vi. The unit is located near to the area allocated by the Government of Tamil Nadu to Border Security Force for their activity

vii. The unit along with the other stone crushing units had provided GI Sheet cladding of 20 feet height at the boundary separating the stone crushing units and BSF premises. i.e in between the stone crushing units and BSF premises.

It is further submitted that the respondent unit has filed an appeal before Hon'ble Appellate Authority vide Appeal No. 39 of 2019 against the Board's Closure direction and the Hon'ble Appellate Authority vide its order dated 10.10.2019 has stated that the Appeal is allowed by setting aside the impugned order dated 11.06.2019 and the Board is directed to pass suitable order for revocation of closure direction and restoration of electricity connection to the appellant unit. Hence, the Board has issued orders for revocation of closure and restoration of power supply to the unit vide proceedings dated 25.10.2019.

It is further submitted that, in these circumstances, the appellant Border Security Force has filed an Appeal no.16 of 2019 before Hon'ble NGT(SZ) against the order of the Appellate Authority, TNPCB, in Appeal No. 39 of 2019 setting aside the order of closure passed by TNPCB against the unit of M/s. RK Crushers, SF No. 79/5, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District.

In this regard, the unit of M/s. RK Crushers, SF No. 79/5, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District was inspected by the officials of the DEE, TNPCB, Maraimalai Nagar on 01.02.2020 and the following observations were made:

i. The unit was in operation

ii. The unit has provided GI sheet covering for the jaw crusher, sieve, conveyors

iii. The unit has provided water sprinklers to control the dust emission from the jaw crushers, vibrating screen and conveyors

iv. The unit has developed green belt on two side of the unit's premises and has also planted tree sapling for the development of green belt all around the premises for suppression of dust emissions

vi. The unit has provided chutes at the product unloading conveyor to prevent dust release into the atmosphere during free fall off material from height.

vii. The unit is located about 50m to the area allocated by the Government of Tamil Nadu to Border Security Force for their activity

viii. The unit along with the other stone crushing units had provided GI Sheet cladding of 20 feet height at the boundary separating the stone crushing units and BSF premises.

Also regarding the siting criteria for the operations of a stone crusher unit, as per the BP Ms. No. 4 dated 02.07.2004,

“No stone crushers units should be located within 500 M from any NH or SH or primary residential area or mixed residential area of places of public and religious importance”.

It is respectfully submitted that the unit was in operation since 2000 and the unit was satisfying the siting criteria as within 500m radius, No NH or SH or primary residential area or mixed residential area of places of public and religious importance are located. Hence after verifying the siting criteria consent was issued to the unit

Also as per the GO Ms. No. 130 Housing and Urban Development (UD-1) Department dated 14.06.2010 it is stated as below:

(1) No subdivision or layout shall be laid out or building the residential, commercial, industrial or institutional or any structure for occupation shall be constructed within 300 metres from an existing live quarry. (If a quarry is claimed as abandoned, then a certificate from the local body or the licensing authority concerned to that effect shall be produced when necessary).

(2) No subdivision or layout shall be laid out or residential or commercial or institutional building shall be constructed within the radius of 500metres from an existing crusher.

(3) No crusher is permissible within a distance of 500 metre from an existing residential area and vice-versa

It is respectfully submitted that the respondent unit of M/s. RK Crushers, SF No. 79/5, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District was in operation from 2000 and the Border security Force has started its operations since 2014 only. Hence forthwith, it is submitted that the Border Security Force has to house their establishments 500m away from the existing stone crushing units.” They have filed their report dated 28.02.2020 in Appeal No. 17 of 2019 which reads as follows:

“It is respectfully submitted that there are 17 stone crushing units located in the Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District. Out of 17 units only 8 units were in operation and the remaining were not in operation. The respondent unit of M/s.KNS Blue Metals is one among the said 8 units located in the area at SF No. 77/10, 77/11, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District was in operation since 2006 with an investment of Rs.11.23 Lakhs. The unit is located in the Non Planned area, Keerapakkam village and surrounded by vacant land on the eastern side, M/s. Sri Sakthi Blue Metals on the western side, M/s. Sri Ram Blue Metals on the northern side and M/s. TGP Blue Metals on the southern side. The unit falls in the administrative jurisdiction of Block Development Officer, Kattankolathur Panchayat Union and Tahsildar, Chengalpattu.

It is respectfully submitted that the said unit is carrying out the manufacturing of various sizes of blue metal jelly - 4750 Ton/month and Stone dust powder - 250 Ton/month using stone boulders as raw materials. The unit falls under Orange category as per B.P. Ms.No. 6 dated 02.08.2016. The activity involves feeding the stone boulders in the jaw crusher, crushed stone sieved in this sieving screen to obtain various sizes of blue metal jelly and stone powder. The unit generates sewage- 0.5 KLD and there is no generation of trade effluent from the unit. The unit treats and disposes the sewage through septic tank and soaks pit arrangements.

It is further submitted that, earlier the respondent TNPC Board has issued directions for the closure and disconnection of power supply under Section 31 A of the Air (P&CP) Act,1981 to the said unit vide proceedings dated 18.01.2008 for operating the unit without valid consent of the Board and without Air Pollution Control measures. Further Board has issued orders to revoke the directions issued for closure under Section 31 A of the Air (P&CP) Act,1981 as amended and restoration of power supply to the said unit vide proceedings dated 17.03.2008. The unit has obtained consent of the Board vide proceedings dated 16.9.2008 valid up to 31.03.2009. Subsequently, the unit has obtained renewal of consent under water (P&CP) Act,1974 as amended and Air (P&CP) Act,1981 as amended vide proceedings dated 09.07.2018 valid up to 31.03.2024.

Based on the compliant, the said unit was inspected on 23.04.2019 and noticed the above said unit along with 7 other units were in operation and the observations made during the inspection is submitted as follows:

i. The unit has not provided water sprinklers of adequate capacity to control the dust emission from the bunker, jaw crushers, vibrating screen, conveyor and stone powder storage silo.

ii. The unit has not maintained the MS Hood enclosures to the jaw crushers and vibrating screens and the same was in damaged condition.

iii. The unit has not developed adequate green belt all around the premises for suppression of dust emissions

iv. The unit has not provided telescopic chutes at the product unloading conveyor to prevent dust release into the atmosphere during free fall off material from height.

v. Fine dust spreads all along the vehicular movement area and affecting the health of the nearby public.

Hence a show cause notice was issued to the said respondent unit for the above said violations vide Board's proceedings dated 26.04.2019 with a notice period of 7 days from the date of receipt of this notice. The unit vide its letter dated 20.05.2019 has stated that they have received the show cause notice only on 17.05.2019 and also stated that they will revert back with the action taken report and submit along with required documents and photographs on or before 31.06.2019.

It is respectfully submitted that, subsequently, the unit of M/s KNS Blue Metals located SF No. 77/10, 77/11, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District was inspected on 08.06.2019, the following observations were made:

i. The unit was in operation

ii. The unit has not provided water sprinklers of adequate capacity to control the dust emission from the bunker, jaw crushers, vibrating screen, conveyor and stone powder storage silo.

iii. The unit has not maintained the MS Hood enclosures to the jaw crushers and vibrating screens and the same was in damaged condition.

iv. The unit has not developed adequate green belt all around the premises for suppression of dust emissions

v. The unit has not provided telescopic chutes at the product unloading conveyor to prevent dust release into the atmosphere during free fall off material from height.

vi. Fine dust spreads all along the vehicular movement area and affecting the health of the nearby public.

It is respectfully submitted that, on the recommendations of the DEE, TNPCB, Maraimalai Nagar, the Board vide its proceedings dated: 11.06.2019 has issued directions for closure of the unit and stoppage of power supply under section 31 A of the Air (P&CP) Act, 1981 to the said unit and the TANGEDCO (TNEB) has disconnected the power supply the said unit on 15.06.2019. The unit has requested to revoke the closure direction and restore the power supply to the unit vide its letter, stated that they have provided the adequate Air Pollution Control measures. Based on that the said unit was inspected on 20.07.2019, 22.07.2019 and 21.09.2019 and during inspection the following observations were made:

i. The unit was not in operation and the power supply was disconnected

ii. The unit has provided GI sheet covering for the jaw crusher, sieve, conveyors

iii. The unit has provided water sprinklers to control the dust emission from the bunker, jaw crushers, vibrating screen, conveyor and stone powder storage silo.

iv. The unit has developed green belt one side of the unit's premises and has also planted tree sapling for the development of green belt all around the premises for suppression of dust emissions

v. The unit has provided chutes at the product unloading conveyor to prevent dust release into the atmosphere during free fall off material from height.

vi. The unit is located near to the area allocated by the Government of Tamil Nadu to Border Security Force for their activity

It is further submitted that, the respondent unit has filed an appeal before Hon'ble Appellate Authority vide Appeal No. 40 of 2019 against the Board's Closure direction and the Hon'ble Appellate Authority vide its order dated 10.10.2019 has stated that the Appeal is allowed by setting aside the impugned order dated 11.06.2019 and the Board is directed to pass suitable order for revocation of closure direction and restoration of electricity connection to the appellant unit. Hence, the Board has issued orders for revocation of closure and restoration of power supply to the unit vide proceedings dated 25.10.2019.

It is further submitted that, in these circumstance, the appellant Border Security Force has filed an Appeal No. 17 of 2019 before this Hon'ble NGT(SZ) against the order of the Appellate Authority, TNPCB passed in Appeal No. 40 of 2019 setting aside the order of closure passed by TNPCB against the unit of M/s.KNS Blue Metals, SF No. 77/10, 77/11, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District.

In this regard, the unit of M/s. KNS Blue Metals located at SF No. 77/10, 77/11, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District was inspected on 01.02.2020 and the following observations were made:

i. The unit was in operation

ii. The unit has provided GI sheet covering for the jaw crusher, sieve, conveyors

iii. The unit has provided water sprinklers to control the dust emission from the jaw crushers, vibrating screen and conveyors

vi. The unit has developed green belt one side of the unit's premises and has also planted tree sapling for the development of green belt all around the premises for suppression of dust emissions

v. The unit has provided chutes at the product unloading conveyor to prevent dust release into the atmosphere during free fall off material from height.

vi. The unit is located about 40m to the area allocated by the Government of Tamil Nadu to Border Security Force for their activity

vii. The unit along with the other stone crushing units had provided GI Sheet cladding of 20 feet height at the boundary separating the stone crushing units and BSF premises.

Also regarding the siting criteria for the operations of a stone crusher unit, as per the BP Ms. No. 4 dated 02.07.2004,

“No stone crushers units should be located within 500 M from any NH or SH or primary residential area or mixed residential area of places of public and religious importance”.

It is respectfully submitted that, the unit was in operation since 2006 and the unit was satisfying the siting criteria as within 500 m radius, No NH or SH or primary residential area or mixed residential area of places of public and religious importance are located. Hence after verifying the siting criteria consent was issued to the unit.

Also as per the GO Ms. No. 130 Housing and Urban Development (UD-1) Department dated 14.06.2010 it is stated as below

(2) No subdivision or layout shall be laid out or residential or commercial or institutional building shall be constructed within the radius of 500metres from an existing crusher.

(3) No crusher is permissible within a distance of 500 metre from an existing residential area and vice-versa.

It is respectfully submitted that the unit of M/s. KNS Blue Metals, SF No. 77/10, 77/11, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District was in operation from 2006 and the Border security Force has started its operations since 2014 only. Hence forthwith, it is submitted that the Border Security Force has to house their establishments 500m away from the existing stone crushing units”

They have filed their report dated 28.02.2020 in Appeal No. 18 of 2019 which reads as follows:

“It is respectfully submitted that there about 17 stone crushing units located in the Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District. Out of 17 units only 8 units were in operation and the remaining had closed by themselves. The unit of M/s. Sri Sakthi Blue Metals is one among the said 8 units located in the said area at SF No. 77/7B,77/8&77/9, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District was in operation since 1999 with an investment of Rs.6.67 Lakhs. The unit is located in the Non Planned area, Keerapakkam village and surrounded by M/s. KNS Blue Metals on the eastern side, vacant land & BSF Campus on the western side, M/s. Sriram Blue Metals on the northern side and vacant land on the southern side. The unit falls in the administrative jurisdiction of Block Development Officer, Kattankolathur Panchayat Union and Tahsildar, Chengalpattu.

It is respectfully submitted that the said unit is carrying out the manufacturing of various sizes of blue metal jelly - 475 Ton/month and Stone dust powder - 25 Ton/month using stone boulders as raw materials. The unit falls under Orange category as per B.P. Ms.No. 6 dated 02.08.2016. The activity involves feeding the stone boulders in the jaw crusher, crushed stone sieved in this sieving screen to obtain various sizes of blue metal jelly and stone powder. The unit generates sewage- 0.5 KLD and there is no generation of trade effluent from the unit. The unit treats and disposes the sewage through septic tank and soaks pit arrangements.

It is further submitted that, earlier the respondent TNPC Board has issued directions for the closure and disconnection of power supply under Section 31 A of the Air (P&CP) Act,1981 to the said unit vide proceedings dated 18.01.2008 for operating the unit without valid consent of the Board and without Air Pollution Control measures. The unit has obtained consent of the Board under Water(P&CP) Act,1974 as amended and Air(P&CP) Act,1981 as amended vide proceedings dated 22.08.2008 valid up to 31.03.2009. Further, Board has issued orders to revoke the directions issued for closure under Section 31 A of the Air (P&CP) Act,1981 as amended and restoration of power supply to the said unit vide proceedings dated 27.03.2008.The unit has obtained renewal of consent under water (P&CP) Act, 1974 as amended and Air (P&CP) Act, 1981 as amended vide proceedings dated 12.07.2018 valid up to 31.03.2024.

It is respectfully submitted that, complaint petitions were received on 04.04.2019,12.04.2019 and 22.04.2019 from the Assistant Commandant (OC/REAR), SHQ, BSF located at Keerapakkam Village, Chengapattu taluk, Chengalpattu District regarding the noise and dust pollution due to the operation of the stone crushing units units located in Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District.

i. The unit has not provided water sprinklers of adequate capacity to control the dust emission from the bunker, jaw crushers, vibrating screen, conveyor and stone powder storage silo.

ii. The unit has not maintained the MS Hood enclosures to the jaw crushers and vibrating screens and the same was in damaged condition.

iii. The unit has not developed adequate green belt all around the premises for suppression of dust emissions

iv. The unit has not provided telescopic chutes at the product unloading conveyor to prevent dust release into the atmosphere during free fall off material from height.

v. Fine dust spreads all along the vehicular movement area and affecting the health of the nearby public.

unit vide its letter dated 17.05.2019 has stated that they have received the show cause notice only on 17.05.2019 and also stated that they will revert back with the action taken report and submit along with required documents and photographs on or before 31.06.2019.

It is respectfully submitted that, subsequently, the unit of M/s Sri Sakthi Blue Metals located SF No. 77/7B, 77/8 & 77/9, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District was inspected on 08.06.2019, the following observations were made:—

i. The unit was in operation

ii. The unit has not provided water sprinklers of adequate capacity to control the dust emission from the bunker, jaw crushers, vibrating screen, conveyor and stone powder storage silo.

iii. The unit has not maintained the MS Hood enclosures to the jaw crushers and vibrating screens and the same was in damaged condition.

iv. The unit has not developed adequate green belt all around the premises for suppression of dust emissions

v. The unit has not provided telescopic chutes at the product unloading conveyor to prevent dust release into the atmosphere during free fall off material from height.

vi. Fine dust spreads all along the vehicular movement area and affecting the health of the nearby public.

Based on that the said unit was inspected on 20.07.2019, 22.07.2019 and 21.09.2019 and during inspection the following observations were made:

i. The unit was not in operation and the power supply was disconnected

ii. The unit has provided GI sheet covering for the jaw crusher, sieve, conveyors

iii. The unit has provided water sprinklers to control the dust emission from the bunker, jaw crushers, vibrating screen, conveyor and stone powder storage silo.

iv. The unit has developed green belt one side of the unit's premises and has also planted tree sapling for the development of green belt all around the premises for suppression of dust emissions

v. The unit has provided chutes at the product unloading conveyor to prevent dust release into the atmosphere during free fall off material from height.

vi. The unit is located adjacent to the area allocated by the Government of Tamil Nadu to Border Security Force for their activity.

It is further submitted that, the respondent unit has filed an appeal before Hon'ble Appellate Authority vide Appeal No. 41 of 2019 against the Board's Closure direction and the Hon'ble Appellate Authority vide its order dated 10.10.2019 has stated that the Appeal is allowed by setting aside the impugned order dated 11.06.2019 and the Board is directed to pass suitable order for revocation of closure direction and restoration of electricity connection to the appellant unit. Hence, the Board has issued orders for revocation of closure and restoration of power supply to the unit vide proceedings dated 25.10.2019. It is further submitted that, in these circumstance, the appellant Border Security Force has filed an Appeal No. 18 of 2019 before this Hon'ble NGT(SZ) against the order of the Appellate Authority, TNPCB passed in Appeal No. 41 of 2019 setting aside the order of closure passed by TNPCB against the unit of M/s.Sri Sakthi Blue Metals, SF No. 77/7B, 77/8 & 77/9, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District.

In this regard, the unit of M/s. Sri Sakthi Blue Metals located at SF No. 77/7B, 77/8 & 77/9, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District was inspected on 01.02.2020 and the following observations were made:

i. The unit was in operation.

ii. The unit has provided GI sheet covering for the jaw crusher, sieve, conveyors.

iii. The unit has provided water sprinklers to control the dust emission from the jaw crushers, vibrating screen and conveyors.

vi. The unit has developed green belt one side of the unit's premises and has also planted tree sapling for the development of green belt all around the premises for suppression of dust emissions.

v. The unit has provided chutes at the product unloading conveyor to prevent dust release into the atmosphere during free fall off material from height.

vi. The unit is located about 30m to the area allocated by the Government of Tamil Nadu to Border Security Force for their activity

vii. The unit along with the other stone crushing units had provided GI Sheet cladding of 20 feet height at the boundary separating the stone crushing units and BSF premises.

Also regarding the siting criteria for the operations of a stone crusher unit, as per the BP Ms. No. 4 dated 02.07.2004,

“No stone crushers units should be located within 500 M from any NH or SH or primary residential area or mixed residential area of places of public and religious importance”.

It is respectfully submitted that, the unit was in operation since 1999 and the unit was satisfying the siting criteria as within 500 m radius, No NH or SH or primary residential area or mixed residential area of places of public and religious importance are located. Hence after verifying the siting criteria consent was issued to the unit.

Also as per the GO Ms. No. 130, Housing and Urban Development (UD-1) Department dated 14.06.2010 it is stated as below

(2) No subdivision or layout shall be laid out or residential or commercial or institutional building shall be constructed within the radius of 500metres from an existing crusher.

(3) No crusher is permissible within a distance of 500 metre from an existing residential area and vice-versa

It is respectfully submitted that the unit of M/s. Sri Sakthi Blue Metals, SF No. 77/7B, 77/8 & 77/9, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District was in operation from 1999 and the Border security Force has started its operations since 2014 only. Hence forthwith, it is submitted that the Border Security Force has to house their establishments 500m away from the existing stone crushing units.”

They have filed their report dated 28.02.2020 in Appeal No. 19 of 2019 which reads as follows:

“It is respectfully submitted that there are about 17 stone crushing units located in the Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District. Out of 17 units only 8 units were in operation and the remaining had closed by themselves. The respondent unit of M/s. MRS Blue Metals Unit-II (Formerly SGP Shri Enterprises) is one among the said 8 units located in the said area at SF No. 76/1A,76/1B, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District was in operation since 1999 with an investment of Rs.16.1 Lakhs. The respondent unit is located in the Non Planned area, Keerapakkam village and surrounded by M/s. Pavalavalli Blue Metals on the eastern side, Earthen road & BSF campus on the western side, Guduvanchery-Keerapakkam road on the northern side and M/s. Manvikks M Sand on the southern side. The unit falls in the administrative jurisdiction of the Block Development Officer, Kattankolathur Panchayat Union and the Tahsildar, Chengalpattu.

It is respectfully submitted that the said unit is carrying out the manufacturing of various sizes of blue metal jelly - 1500 Ton/month and Stone powder - 300 Ton/month using stone boulders as raw materials. The unit falls under Orange category as per B.P. Ms. No. 6 dated 02.08.2016. The activity involves feeding the stone boulders in the jaw crusher, crushed stone sieved in this sieving screen to obtain various sizes of blue metal jelly and stone powder. The unit generates sewage- 0.35 KLD and there is no generation of trade effluent from the unit. The unit treats and disposes the sewage through septic tank and soaks pit arrangements.

It is further submitted that, earlier the unit of M/s SGP Shri Enterprises located at SF No. 76/1A, 76/1B, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District was in operation since 1999. The unit has obtained consent of the Board vide proceedings dated 23.12.2015 valid up to 31.03.2016. Subsequently, the unit has obtained renewal of consent in the name of M/s MRS Blue Metal Unit-II(Formerly SGP Shri Enterprises) vide proceedings dated 28.12.2017 valid up to 31.03.2022.

i. The unit has not provided water sprinklers of adequate capacity to control the dust emission from the bunker, jaw crushers, vibrating screen, conveyor and stone powder storage silo.

ii. The unit has not maintained the MS Hood enclosures to the jaw crushers and vibrating screens and the same was in damaged condition.

iii. The unit has not developed adequate green belt all around the premises for suppression of dust emissions.

iv. The unit has not provided telescopic chutes at the product unloading conveyor to prevent dust release into the atmosphere during free fall off material from height.

v. Fine dust spreads all along the vehicular movement area and affecting the health of the nearby public.

Hence a show cause notice was issued to the said unit for the above said violations vide this office proceedings dated 26.04.2019 with a notice period of 7 days from the date of receipt of this notice. The unit vide its letter dated 20.05.2019 has stated that they have received the show cause notice only on 18.05.2019 and also stated that they will revert back with the action taken report and submit along with required documents and photographs on or before 31.06.2019.

It is respectfully submitted that, subsequently the respondent unit of M/s.MRS Blue Metals Unit-II (Formerly SGP Shri Enterprises) located at SF No. 76/1A,76/1B, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District was inspected by the officials of the DEE, TNPCB, M.M. Nagar on 08.06.2019, during inspection the following observations were made:

i. The unit was in operation.

ii. The unit has not provided water sprinklers of adequate capacity to control the dust emission from the bunker, jaw crushers, vibrating screen, conveyor and stone powder storage silo.

iii. The unit has not maintained the MS Hood enclosures to the jaw crushers and vibrating screens and the same was in damaged condition.

iv. The unit has not developed adequate green belt all around the premises for suppression of dust emissions.

v. The unit has not provided telescopic chutes at the product unloading conveyor to prevent dust release into the atmosphere during free fall off material from height.

vi. Fine dust spreads all along the vehicular movement area and affecting the health of the nearby public.

It is respectfully submitted that, on the recommendations of the DEE, TNPCB, M.M. Nagar, the Board vide its proceedings dated: 11.06.2019 has issued directions for closure of the unit and stoppage of power supply under section 31 A of the Air (P&CP) Act, 1981 to the said unit and TANGEDCO (TNEB) has disconnected the power supply to the said unit on 15.06.2019. The unit has requested to revoke the closure direction and restore the power supply to the unit vide its letter dated 15.07.2019 stating that they have provided the adequate Air Pollution Control measures. Based on that the said unit was inspected on 20.07.2019, 22.07.2019 & 21.09.2019 and during inspection the following observations were made:

i. The unit was not in operation and the power supply was disconnected.

ii. The unit has provided GI sheet covering for the jaw crusher, sieve, conveyors.

iii. The unit has provided water sprinklers to control the dust emission from the bunker, jaw crushers, vibrating screen, conveyor and stone powder storage silo.

iv. The unit has developed green belt on two side of the unit's premises and has also planted tree sapling for the development of green belt all around the premises for suppression of dust emissions.

v. The unit has provided chutes at the product unloading conveyor to prevent dust release into the atmosphere during free fall off material from height.

vi. The unit is located adjacent to the area allocated by the Government of Tamil Nadu to Border Security Force for their activity.

vii. The unit has provided GI Sheet cladding of 20 feet height all around the premises of the unit.

It is further submitted that the respondent unit has filed an appeal before Hon'ble Appellate Authority vide Appeal No. 42 of 2019 against the Board's Closure direction and the Hon'ble Appellate Authority vide its order dated 10.10.2019 has stated that the Appeal is allowed by setting aside the impugned order dated 11.06.2019 and the Board is directed to pass suitable order for revocation of closure direction and restoration of electricity connection to the appellant unit. Hence the Board has issued orders for revocation of closure and restoration of power supply to the unit vide proceedings dated 25.10.2019.

It is respectfully submitted that in these circumstances, the appellant Border Security Force has filed an Appeal No. 19 of 2019 before this Hon'ble NGT(SZ) against the order of the Appellate Authority, TNPCB, in Appeal No. 42 of 2019 setting aside the order of closure passed by TNPCB against the unit of M/s. MRS Blue Metals, SF No. 76/1A, 76/1B, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District.

In this regard, the unit of M/s. MRS Blue Metals Unit-II (Formerly SGP Shri Enterprises) located at SF No. 76/1A,76/1B, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District was inspected on 01.02.2020 and the following observations were made:

i. The unit was in operation.

ii. The unit has provided GI sheet covering for the jaw crusher, sieve and conveyors.

iii. The unit has provided water sprinklers to control the dust emission from the jaw crushers, vibrating screen and conveyors.

iv. The unit has developed green belt on two side of the unit's premises and has also planted tree sapling for the development of green belt all around the premises for suppression of dust emissions.

v. The unit has provided chutes at the product unloading conveyor to prevent dust release into the atmosphere during free fall off material from height.

vi. The unit is located about 50m to the area allocated by the Government of Tamil Nadu to Border Security Force for their activity.

vii The unit has provided GI Sheet cladding of 20 feet height all around the premises of the unit. Also regarding the siting criteria for the operations of a stone crusher unit, as per the BP Ms. No. 4 dated 02.07.2004,

“No stone crushers units should be located within 500 M from any NH or SH or primary residential area or mixed residential area of places of public and religious importance”.

Also as per the GO Ms. No. 130 Housing and Urban Development (UD-1) Department dated 14.06.2010 it is stated as below

(2) No subdivision or layout shall be laid out or residential or commercial or institutional building shall be constructed within the radius of 500metres from an existing crusher.

(3) No crusher is permissible within a distance of 500 metre from an existing residential area and vice-versa

It is submitted that the unit of M/s.MRS Blue Metals Unit-II (Formerly SGP Shri Enterprises), SF No. 76/1A, 76/1B,, Keerapakkam Village, Chengalpattu Taluk, Chengalpattu District was in operation from 1999 and the Border security Force has started its operations since 2014 only. Hence forthwith, it is submitted that the Border Security Force has to house their establishments 500m away from the existing stone crushing units.”

10. It is an admitted fact that the stone crusher units were functioning in that area since long time. Nearly 17 stone crusher units and quarries were functioning in that area since 1999 and at that time when the same were established, they have complied with the siting criteria. Further, the siting criteria for establishing stone crusher units were issued only in the year 2004 and these units were functioning even prior to the same. It is also an admitted fact that the lands were transferred in favour of the appellant only in the year 2015 and only thereafter they have started construction that too very near to the boundary of the stone crusher units. It will be seen from the report of the Pollution Control Board that as per the existing rules, no permission should be given to construct any building within a distance of 300 meters from an existing quarry and if a quarry is claimed as abandoned then a certificate from the local body or the licensing authority concerned to that effect shall be produced when necessary as per G.O.Ms.No. 130 Housing and Urban Development (UD-1) Department dated 14.06.2010. So, it is clear from this, the Border Security Force has come into existence only later and they should not have made the construction within 50 meters from the stone crusher units.

11. However, it is also seen from the report that on the basis of the complaint given by the appellant, the units were inspected and since it was found that they were violating the pollution norms, closure order and disconnection of electricity was issued by invoking the power under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974 and 31-A of the Air (Prevention and Control of Pollution) Act, 1981. These orders were challenged by some of the stone crusher units who are arrayed as first respondent herein in these appeals before the appellate authority and the appellate authority after getting the units examined by the Pollution Control Board to satisfy itself as to whether the directions given by the Pollution Control Board in the closure orders have been complied with or not and on satisfaction that they were complied with and there will not be any possibility of pollution set aside the orders of closure and disconnection of electricity and directed the Pollution Control Board to permit the units to function. Even during the pendency of these appeals, this Tribunal called up on the Board to file fresh status report about the compliance of the directions and it is seen from the reports submitted by the Pollution Control Board as extracted above, that they have complied with the directions and there is no possibility of any pollution. Though, it is not clear from the orders of the Appellate Authority as to whether any opportunity was given to the appellants before passing the impugned orders, however, we do not think it necessary to set aside the order of the Appellate Authority on that ground and remand the matter to the Appellate Authority for fresh consideration, as it will only delay the proceedings and opportunity so denied to the appellants was given before this Tribunal and their grievance was also considered and then these appeals are being disposed of on merit.

12. On going through the reports, it is clear that the directions given by the Pollution Control Board in the closure orders have been complied with by first respondent unit in all these cases and there is no possibility of any pollution. So, under such circumstances, we do not find any reason to interfere with the orders of the Appellate Authority setting aside the orders of closure, on satisfaction of compliance of the directions issued by the Pollution Control Board in the closure orders which have been confirmed by the subsequent reports on the basis of the inspection conducted by the Pollution Control Board as directed by this Tribunal as well. However, we direct the Pollution Control Board to make periodical inspections of the stone crusher units to ascertain as to whether the stone crusher units are complying with the pollution norms and there is no possibility of any pollution being caused affecting the air quality and in turn affecting the health of the neighbouring residents namely Jawans of Border Security Force whose health has to be protected. So, with the above directions and observations, the appeals can be disposed of.

13. So, the appeals are disposed of while confirming the orders of the Appellate Authority by giving directions to the Pollution Control Board to inspect the stone crusher units periodically and ascertain as to whether the stone crusher units are complying with the norms and conditions imposed in the Consent or Clearance granted and if there is any violation or any pollution caused on account of the activities, then they are at liberty to take appropriate action against them in accordance with law. There is no order as to costs.

Union Of India, Rep.... v. R.K. Crushers, Rep. ...

Structured Summary of the Provided Legal Opinion

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Appellant's (BSF) Arguments

First Respondents' (Stone Crusher Units) Arguments

Tamil Nadu Pollution Control Board (TNPCB) — Respondent Authority

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

Union Of India, Rep. By Deputy Inspector General (S) v. R.K. Crushers, Rep. By Its Proprietor, Mr. B. Vijayakumaren And Others

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