Tribunal judicial member Justice M Chockalingam and expert member R Nagendran issued notices to the Puducherry government and the industrial unit -- Chemfab Alkalis Ltd -- to submit their replies during the next hearing slated for December 11.
Puducherry Environment Protection Association (Pepa), a non-governmental organization, filed a petition before the tribunal stating that Chemfab Alkalis, which established a caustic soda lye manufacturing facility in 1984-85 with an installed capacity of 6,500 metric tonne per annum, expanded its production capacity gradually to 33,000 metric tonne per annum in 1995. The consent order issued by the Puducherry Pollution Control Committee (PPCC) expired on August 13 this year. The provisional licence issued by the Oulgarat municipality too expired at the same time.
However, the unit continued to operate without consent order and provisional licence. Now the unit decided to enhance its production capacity and constructed buildings and additional plants without getting approval from competent authorities, Pepa alleged.
The association sought the tribunal to restrain the unit from carrying on any further activity, including construction work for expanding their production capacity. It also pleaded for a direction to the town and country planning department not to ratify any illegal constructions erected since 1988.
Pepa regretted that the PPCC failed to close down the industry that functioned without consent for production while the town and country planning department too failed to realize that the unit has been violating its orders since 1988 and constructed buildings illegally to enhance its production. It also wondered how the chief controller of explosives, Nagpur, gave licence to the unit, which did not get a 'no objection certificate' from the Puducherry district collector.
It further alleged that the unit did not obtain permission from the central ground water authority to extract ground water. The unit had been extracting and utilizing more groundwater than permitted, the petitioner said.
It might be recalled that three villagers swooned and over 70 others complained of nausea, vomiting and giddiness after a gas leak from the unit on January 26, 2011. Pepa charged that the unit had been functioning without the consent to operate from October, 2008, until the day of the accident. The government ordered an inquiry and shut the industry, which resumed operations in April-May following a court direction.
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