Terms abuse of process of law the application filed by house owner
The National Green Tribunal has imposed Rs.10,000 costs on a woman who tried to evict her tenant under the pretext that his flour mill was causing pollution.
D. Annathai of Otteri said B. Dayalan was running a flour mill in the ground floor of the property owned by her on Brick Kiln Road. Due to noise and air pollution caused by the unit, she was unable to live peacefully in the first floor, she alleged. She contended that in spite of her representation to the authorities, there was no action from their side.
Mr. Dayalan said he was a tenant on the premises and running the flour mill for a long time.
Ms. Annathai approached a civil court for issuing eviction order against him. In spite of pendency of the case there, she had filed the present application as a ruse device to get possession by any means.
As directed by the Tribunal, the Tamil Nadu Pollution Control Board conducted a spot inspection and stated that no deposition of chilli powder in the first floor where the house-owner lived and no odour nuisance was observed. The noise level caused by the flour mill was within permissible limits.
Dismissing the application of Ms. Annathai, the NGT Bench said, “We cannot interfere with the activity of flour mill owner in the absence of any proof that there had been any pollution, either noise or air.”