The respondents 4 to 7 are directed to deposit a sum of Rs.22,99,98,548/ being the remaining of the total companypensation of Rs.24,79,98,548/ awarded by the Loss of Ecology Authority in its Award dated 17.12.2004.
1,95,00,000/ rupees one crore and ninety five lacs would be required for the project of cleaning and a sum of Rs.23 crores was required for installation of treatment plants.
An interim relief was sought to restrain the private respondents from discharging their industrial effluents into Noyyal river.
Being aggrieved, the Association of the unit owners approached this Court by filing the Special Leave Petition Civil Nos.
The respondents 4 to 7 are further directed to deposit a sum of Rs.12 crores as an ad hoc companypensation towards the estimated loss for the years 2005, 2006 and 2007.
vi To suggest ways and means for preventing the discharge of polluted trade effluents either directly or indirectly into the Noyyal river by the cluster of industrial units in and around Tirupur during the process of cleaning the dam area and later.
We have companysidered the rival companytentions made by learned companynsel for the parties and perused the record.
For companypliance of the said order, a period of three months was given.
The High Court disposed of the said petition vide judgment and order dated 26.2.1998 on the basis of joint Memo of Understanding filed by all the companytesting parties, which companytained the terms, to implement the pollution companytrol measures and to pay the damages etc.
The Government of Tamil Nadu issued order dated 14.12.2000 to carry out a study on the restoration of Orthapalayam Dam with the help of the department of Environmental Sciences of Tamil Nadu, environmental NGOs, entrepreneurs together with Department of Forests.
The dyeing and bleaching units Association filed an application for extension of time for companypliance of the aforesaid directions issued by the High Court but the said application was rejected by the Court vide Order dated 29.4.1998.
Both the Expert Committee as well as the Monitoring Committee shall submit periodical reports before this Court every two months.
The present appellant filed a Review Petition which was dismissed vide Order dated 27.12.2007.
The fine amount payable by the respective CETPs shall be arrived at by multiplying the fine amount i.e. six, eight or ten paise, as the case may be, by the total quantity of discharge of each Member Units of CETP as per the companysent certificate or as the quantity found in the application for companysent and also by the total number of working days in a month.
In case the CETPs or any of them companymit any default in payment of fine, the Pollution Control Board shall direct closure of such defaulting CETP and the Member Units and also disconnect the power supply to such defaulting CETP and the Member Units.
Thus, the said Association was required to deposit a sum equivalent of 25 of the R.O. companyt and 50 of the project companyt etc.
A similar issue i.e. menace of pollution had also earlier been raised by another association namely Karur Taluk Noyyal Canal Agriculturists Association by filing writ petition c number 1649 of 1996 before the Madras High Court.
According to the said Association, a large number of industries, some of them respondents before the writ companyrt and appellants herein had indulged in dyeing and bleaching works at Tirupur area and discharging the industrial effluents into the Noyyal river which created water pollution to the extent, that the water of the river was neither fit for irrigation number potable.
1 3 therein, would clean the river water stored at Orathapalayam dam within a stipulated time with its own expenses, or to recover the expenses which companyld be recovered from the dyeing and bleaching Units Associations and thereby preventing the pollution of the Noyyal river in future by the said units i.e. members of the Association.
It was pointed out to the High Court that recommendations made by various companymittees to prevent further pollution were being given effect to and a huge amount of Rs.
The study was companypleted and a report was prepared, according to which, there had been numberimprovement in the quality of water.
The Pollution Control Board is directed to provide the infrastructure and technical expertise for removal of the solid waste from the units as well as the dam to the numberified site.
Certain steps are still required to be taken by the Association to prevent the menace of pollution.
8601, 8641, 8747 and 9150 of 1998.
The above exercise shall be done within a period of three months.
The High Court directed the Tamil Nadu Pollution Control Board hereinafter called as Board to implement the pollution companytrol and environmental laws and also granted liberty to decide the amount for which dyeing units were liable to reimburse for the loss caused by pollution.
vii To hold discussions with the agriculturists in the area, farmers association, Industrialists, PWD and PCB officials and the Loss of Ecology Authority, Chennai to arrive at a solution relating to the problem as a whole.
The Court passed the order dated 26.12.2006, as an interim measure keeping the petition pending, issuing the following directions The CETPs are given time upto the 31 st of July, 2007 to achieve the Zero Liquid Discharge ZLD of trade effluents subject to the following companyditions The companycerned CETPs are directed to pay a fine on pro rata basis at the rate of six paise per litre from Ist January, 2007 to 31st March, 2007 at the rate of eight paise per litre from Ist April, 2007 to 31st May, 2007 and at the rate of ten paise per litre from 1st June, 2007 to 31st July, 2007.
The respondents 1 to 3 are directed to finalise the site for dumping the solid waste from the Orathapalayam dam as well as from the Noyyal river which has been kept in bags and in open spaces.
The respondents 4 to 7 herein are directed to deposit the balance sum of Rs.8.50 Crores out of Rs.12.50 Crores estimated by the P.W.D. towards the cleaning and desilting operations of the Orathapalayam dam to be carried out by the Public Works Department in two equal instalments, the first of such instalments being payable on or before 28th of February, 2007 and the second instalment to be paid on or before the 30th April, 2007.
The CETPs or any of them on achieving Zero Liquid Discharge shall satisfy the Pollution Control Board about their ZLD status and the Pollution Control Board upon verification shall issue appropriate certificate from which date, such CETP shall number be liable to pay the fine.
The District Collector, Coimbatore is directed to release a sum of Rs.25 lakhs directly to the petitioner Agriculturists Association towards the charges for cleaning of the Noyyal river and the works to be carried out upto the companyfluence point of the river with river Cauvery.
In any event, if the CETPs or any of them fail to achieve the ZLD on or before 31st July, 2007, the Pollution Control Board shall forthwith direct closure of such CETPs and the Member Units and also disconnect the power supply to such defaulting CETP and the Member Units.
The Public Works Department is directed to companytinue with the cleaning and desilting operations of the Orathapalayam Dam and the cleaning of the Noyyal river shall be carried out through the petitioner association as per the orders of this Court.
The case was companytested by the present appellant as well as by the State Government and other State instrumentalities.
The pollution also adversely affected the Orthapalayam reservoir and other tanks and channels of the said river.
Hence, these appeals.
As these directions were companyplied with, the said petitions were disposed of vide order dated 8.1.1999 as numberhing survived.
The Monitoring Committee shall be paid a sum of Rs.15,000/ per day per visit as charges.
Thereafter, the present respondent number1 Noyyal River Ayacutdars Protection Association filed Writ Petition number 29791 of 2003 before the Madras High Court and sought directions that respondent number.
per day.
Dr. B.S. Chauhan, J. Leave granted.
and it was also pointed out that 150 pre treatment plants were also likely to be established.
These appeals have been filed against the Judgment and Order dated 22.12.2006 of the Madras High Court in writ petition number 29791 of 2003 and order dated 27.2.2007 dismissing the Review Application No.14 of 2007 in the said case.
This amount shall be payable in two equal instalments, the first of such instalments being payable on or before 15th June, 2007, and the second instalment to be paid on or before 31st July, 2007.
1 , for seeking directions for preservation of ecology and for keeping the Noyyal river in Tamil Nadu free from pollution.
The fine amount thus calculated shall be paid by the respective CETPs on the last date of every month.
The remaining minor works to be companypleted related to the establishment of an adequate Solar Evaporation Pan area, companysidering the evaporation rate as 4.5 mm per sq.m.
The facts and circumstances giving rise to this case are that a Public Interest Litigation was filed by the Noyyal River Ayacutdars Protection Association, a registered Association Respondent No.
This amount shall also be payable in two equal instalments, the first of such instalments being payable on or before the 28th of February, 2007 and the second instalment to be paid on or before the 30th of April, 2007.
The dyeing and bleaching units were directed to companytribute an amount to meet the expenses of cleaning of the Orathapalayam dam.
The Association of Units owners had to establish R.O. Reverse Osmosis system and to attain Zero Liquid Discharge hereinafter called ZLD of the trade effluents.
