Dhanalakshmi & Co. Rep. by its Partner KR. Sivalingam v. Administrative Officer (Judicial) Loss of Ecology (Prevention & Payments of Compensation) Authority for the State of Tamil Nadu Ministry of Environment & Forests Government of India
2011-03-14
ELIPE DHARMA RAO, M.VENUGOPAL
body2011
DigiLaw.ai
Judgment :- ELIPE DHARMA RAO, J. 1. This writ petition has been filed seeking to quash the Award dated 27.9.2001 passed by the first respondent and to forbear the first respondent from taking any further action / steps pursuant to the Award dated 27.9.2001 against the petitioner. 2. The petitioner, manufacturer of leather by finishing it in their tannery at Dindigul, purchases raw skin from the local market and tan the same into semi-finished leather and export the goods to foreign countries or sell in the local market. It is stated that it obtained consent from the Tamil Nadu Pollution Control Board to establish tannery pursuant to which, the tannery was established in the year 1980 and subsequently, it was closed on 01.11.1990. While so, the first respondent, Loss of Ecology (Prevention & Payments of compensation) Authority, constituted by the Central Government as per the direction of the Supreme Court, who took up the issue of determining the compensation payable by polluting industries, passed an Award dated 27.9.2001 in respect of tanneries in Dindigul District fixing the compensation payable by the petitioner at Rs. 3,89,725/- on the basis that the unit was in operation in Dindigul from 1985 and the same is impugned in this petition. 3. Learned counsel appearing for the petitioner contended that there was no scope for making the petitioner liable for any compensation for the period subsequent to 1990 since the petitioner had closed the tannery on and from 01.11.1990 and that the petitioner had furnished all the necessary proof for the closure of the factory. She further submitted that the petitioner on receiving the show cause notice dated 14.6.2001 and the letter dated 20.7.2001 with regard to the compensation payable, entrusted the papers to the Dindigul Tanners Association, who were looking after the entire matters before the first respondent and sought for interference of this Court. 4. Learned counsel for the first respondent submitted that the first respondent had assessed and determined the compensation payable by the petitioner only on the basis of the information and materials furnished by the District Environment Engineer and the Tamil Nadu Pollution Control Board, Dindigul. He submitted that the petitioner factory had discharged effluent to the tune of 33.25/K.1/per day in 1996, which, according to him, would show that the factory was working till 1996.
He submitted that the petitioner factory had discharged effluent to the tune of 33.25/K.1/per day in 1996, which, according to him, would show that the factory was working till 1996. It is his further submission that the Dindigul Tanners Association to whom the petitioner has entrusted the matter, had also not furnished any proof of closure of petitioner's factory before the first respondent and hence, the Authority considered the materials furnished by the Tamil Nadu Pollution Control Board, Dindigul, which has been monitoring the unit and assessed the compensation payable by the petitioner for the period from 1991 to 1996. 5. Heard the learned counsel appearing for the parties and perused the materials on record. 6. From the facts narrated above, it is clear that the Loss of Ecology (Prevention & Payments of Compensation) Authority has passed an Award dated 27.9.2001 directing the tanners, including the petitioner herein, to pay a sum towards compensation and for revival of ecology for the pollution caused by them. It is the case of the petitioner that they need not pay the same as the tannery was closed from 01.11.1990. Further, the petitioner has admitted in the affidavit that the papers have been entrusted to the Dindigul Tanners Association and the relevant passage found in paragraph 5 of the affidavit reads as follows: "The petitioner on receiving the show cause notice dated 14.6.2001 and the letter dated 20.7.2001, entrusted the papers to the Dindigul Tanners Association who were looking after the entire matters before the First Respondent. Thereafter on 05.10.2001, the petitioner received an intimation from the Loss of Ecology (Prevention and Payments of Compensation) Authority stating that the Authority has determined the total loss of compensation to be paid to the affected individuals at Rs. 3,93,38,609/- and the reversal of damaged environment at Rs.24,57,000/- and the amounts payable by the petitioner firm towards compensation for payment to the affected individuals at Rs. 3,89,725/- and compensation recoverable for reversal of damaged environment at Rs. 24,341/- within 60 days from the date of receipt of the said intimation." In view of the above, once the petitioner has entrusted the matter to be contested through their Association, viz., Dindigul Tanners Association, filing an individual writ petition cannot be entertained. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.