No impediment to board passing orders on company’s application: CJI
Company seeks consent to operate Cuddalore plant
Despite court directions, board has not passed orders on application: counsel
New Delhi: The Tamil Nadu Pollution Control Board (TNPCB) on Monday informed the Supreme Court that it would pass orders in one week on an application by Chemplast Sanmar Limited seeking consent to operate its Cuddalore plant.
In view of this submission by TNPCB counsel T. Harish Kumar, a Bench consisting of Chief Justice K.G. Balakrishnan and Justices P. Sathasivam and J.M. Panchal adjourned the hearing by two weeks.
Earlier, senior counsel K.K. Venugopal, appearing for Chemplast, said that despite the May 12 court directions, the TNPCB did not pass any order on the company’s application. In its brief order on May 12, the court said: “List in the second week of July. Respondents to file counter-affidavit in the meantime. Whatever decision taken by the TNBCB is subject to the final decision of these petitions.”
The CJI told the TNPCB counsel that the order was very clear and that there was no impediment to the board considering Chemplast’s application and passing orders on it. Mr. Harish Kumar said the board would pass orders in one week and an affidavit would be filed.
The Bench was hearing a special leave petition filed by M. Nizamudeen against an October 31, 2008 Madras High Court judgment, rejecting his writ petition challenging the clearance granted by the Public Works Department dated February 27, 2008 to Chemplast to construct a 2.5-km underground pipeline for drawing the raw material Vinyl Chloride Monomer from the jetty located at Tiyagavalli village to its plant at Semmankuppam village.
Seeking dismissal of the SLP, Chemplast, in its counter, said the only relief claimed in the writ petition (before the High Court) was an interim injunction to restrain it from laying the pipeline. As all prayers for interim relief were declined by the High Court and against which no appeals were preferred, it completed the laying of the pipeline. Such being the position, absolutely nothing survived in the present SLP and it must be dismissed as infructuous.