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BEFORE THE NATIONAL GREEN TRIBUNAL AT CHENNAI

MEMORANDUM OF APPLICATION

(Under Section 18(1) read with Section 14

of National Green Tribunal Act, 2010)

APPLICATION No. of 2018

BETWEEN
1. LINGARAJU
S/o Muniyappa
Aged About 28 Years

2. SANJIVAMURTHY
S/o Chandrashekarachari
Aged About 23 Years

3. MUNIELLAPPA
S/o Venkataramanappa
Aged About 69 Years
All are residing at
Gulukumale Village,
Tharlu Post,
Uttarahalli Hobli,
Bangalore South Taluk,
Bangalore – 560 082 ...Applicants

AND
1. THE CHAIRMAN
Karnataka Pollution control Board
Church Street,
Bangalore – 560 016.

2. ADITYA BIRLA ULTRATECH

CONSTRUCTION LTD.,
No. 45, 6th Cross, Industrial House,
Fairfield Layout, Race Course Road,
Bangalore – 560 082. ...Respondents
Represented by its Managing Director.
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1. The addresses of the Applicants are as given above for the service of

notices of this application and that of their representative(s) Mr.R.LAKSHMI

NARASIMHAN, Advocate having office at No.117/118, 1 st floor, Angappa

Naicken Street, Parrys, Chennai-600 001.

2. The addresses of the Respondents are as given above for service of

notices of the application as state above.

3. The Applicants above-named came down to Chennai and present the

Memorandum of Application against the respondents 1 and 2 to take

appropriate action on the grounds set-out hereunder:

FACTS IN BRIEF:

4. It is submitted that the applicants had filed O.A.No. 103 of 2017 before

this Tribunal as against the respondents herein and the applicants sought a

relief to stop functions of the industry situated at Survey No.75/1,

Gulakamale Village within the limits of Taralu Village Panchayath, Uttrahalli

Hobli, Bangalore South Taluk. The above said O.A.No.103 of 2017 was

disposed of by this Hon’ble Tribunal on 6.9.2017 on the basis that the 1 st

respondent had passed closure order and subsequently the 2 nd respondent

had given undertaking before the 1 st respondent pertaining to the closure of

the industry. After hearing the counsel for the 1 st respondent, this Tribunal

was pleased to dispose the above said O.A.No.103 of 2017 after recording

the submissions and undertakings given by the counsel for the 1 st

respondent. Subsequently order passed by this Tribunal, the 2 nd respondent

had closed the industry for some time and thereafter started to function the
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industry without obtaining any necessary permissions from this Tribunal as

well as pollution control board as per the rules and regulations

contemplated under Water (Prevention & Control of Pollution) Act 1974 and

Air (Prevention & Control of Pollution) Act 1981. The Hon’ble Tribunal was

pleased to given liberty to applicants herein to challenge the action of the 2 nd

respondent in case if the operating the industrial unit without obtaining

necessary consent as per the water and air pollution rules and regulations.

5. It is submitted that the 2nd respondent has been running the industry

from July 2018 onwards. After knowing the act of 2 nd respondent, the

applicants herein asked the details with the 1 st respondent and also posed a

question to the 1st respondent as to how the 2nd respondent allowed to run

the industrial unit without inspecting and conducting enquiry in the

industry and also the 1st respondent did not conduct/call for any enquiry

with the applicants herein. At that point of time the 1 st respondent had given

a copy of the combined consent order No.PCB/ Bng/R.R.Nagar/EO/

AEO/IND/SG/2017-18 (without mentioning the date of the consent order)

to the applicants herein. On a perusal of the above said consent order said to

have been issued by the 1 st respondent herein, the applicants are noticed

that the 1st respondent did not refer about following points in the consent

order in favour of 2nd respondent herein:-

I. The 1st respondent did not conduct any enquiry and inspection

in 2nd respondent industry as per Water (Prevention & Control of Pollution)

Act 1974 and Air (Prevention & Control of Pollution) Act 1981.

II. The 1st respondent did not refer about order dated 6.9.2017

passed by this Tribunal in O.A.No.103 of 2017, while passing consent order.

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III. The consent order undated issued by the 1 st respondent did not

reflect that whether the 2nd respondent had completed all violations as

mentioned earlier notice dated 16.12.2016. The 1 st respondent failed to refer

the earlier violation notice dated 16.12.2016 issued against the 2 nd

respondent herein.

IV. The consent order was issued by the 1 st respondent to and in

favour of 2nd respondent in an arbitrary manner and the 1 st respondent did

not follow the principle of natural justice before passing the consent order in

favour of the 2nd respondent.

V. The 1st respondent did not pass any speaking order before

granting consent to the 2nd respondent to run the industry.

VI. The 1st respondent failed to mention the inspection report in the

consent order and also failed to disclose the level of discharge of effluence

and emission from the premises.

VII. The 1st respondent voluntarily did not put any notice to the

applicants herein before granting consent to the 2 nd respondent herein.

VIII. It is absolutely true that the 2 nd respondent commenced the

industry of ready concrete plant at agriculture location and residents are

situated nearby too industrial unit. Further the applicants and also others

local residents are cultivating agricultural and horticultural items in and

around industrial unit which fact was voluntarily suppressed by the 1 st

respondent while passing alleged consent order.

IX. The 1st respondent had passed the above said consent order

after having influential persons in the political and that too the same was

passed after forming the new government in the state of Karnataka.

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X. The 1st respondent did not explain in the alleged consent order

as to how the 2nd respondent had fulfilled all the conditions as contemplated

under Water (Prevention & Control of Pollution) Act 1974 and Air

(Prevention & Control of Pollution) Act 1981.

6. It is submitted that all the applicants are permanent residents of

Gulakamale Village, Uttarahalli Hobli, Bangalore South Taluk. The applicants

own their houses and they are permanently residing with families in the said

village from past 35 to 40 years and their means of livelihood is agriculture.

The applicant No. 1 to 3 are agriculturist and this application is presented to

redress the grievances of the applicants and the residents in matter of

abnormal, intolerable, obnoxious, irritate noise, sound pollution, which

would result in serious consequences of health hazard, psychological stress,

fatigue to the people of the peaceful leaving of the residents at large this

petition is presented as PRO-BONO PUBLIC. The applicants have no

personal interest in whatsoever manner, it is at the large interest of the

public, the applicants crave leave of this Hon’ble Court to set the law and

motion into give effect to the statutory provisions under the air prevention

of control of pollution Act 1981, noise pollution regulation and control, rules

2000.

7. The applicants submit that the applicants are residents of Gulukamale

Village and their livelihood is based on the agriculture and they are living

peacefully in the said village.

8. The applicants submit that, Sundamma is the owner of the Sy. No.

75/1 of Gulakamale Village, Uttarahalli Hobli, Bangalore South Taluk. The

said Sundamma being the owner of the said land has an understanding
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with the 2nd Respondent and the 2nd Respondent have already been

commenced/started to function, the ready mix concrete plant in the said

land, in pursuant to consent order No.6 CTE :102694/4789 dated 4 th July

2016 issued by the Environmental Officer/Regional Officer of Karnataka

Pollution Control Board to the 2 nd respondent herein and the necessary

consent order is enclosed in typed set of papers. It is no doubt true that the

ready mix concrete plant have already been started to function in the said

place from the month of July 2016. After the commencement of the above

mentioned industry in Agricultural area, the applicants herein have

brought to the knowledge of the concerned authorities by way of

representation dated 14.07.2016 and 15.07.2016, about the difficulties

being facing by the residence of the village people on running the said

ready mix plan in agricultural area. However, for various extraneous

reasons and extraneous factors the Respondents have not acted upon the

said representations as on date. Subsequent to the order passed by this

Tribunal on 6.9.2017 the 1st respondent had directed the 2nd respondent to

close the industrial unit. The 2nd respondent also closed the industrial unit

till July 2018. Thereafter, the 2 nd respondent started to run the industrial

unit by obtaining unlawful alleged consent order from the 1 st respondent

without giving any notice to the applicants.

9. The Applicants submit that, the functioning of the said ready mix

concrete plant would cause lot of health issues like respiratory problems,

asthama, blood pressure, impact on normal functioning of lever and lungs,

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eye irritation, skin rashes running nose for the residents of the village

especially for the senior citizens, women, children and infants.

10. The Applicants submit that, there is no approach road for the said land

for the movement of heavy vehicles to transport the materials and the

ready mix concrete Plant, for the reasons so the 2 nd Respondent has closed

the water canal which is meant for free flow of water for agricultural

purposes and upon enquiry with regard to the wastage and waste water of

the said plant, it is told that the wasteage water would be left out to water

canal.

11. The Applicants submit that, due to the exit of the exhaust from the

said industry will serious effect not only the human beings but also the

flora and flauna and the cattle’s and the food grains grown on the

agricultural land and it affects the rate of photosynthesis by plants and

reduces the visibility of aquatic organism.

12. The Applicants submit that, the Respondents knowing fully well the

illegality and violation of air and noise pollution would cause serious health

issues in the village, despite have accorded permission to the 2 nd

Respondent to set up the said plant. The Constitution of India under Article

48(A) provides guarantees protects improvement of environment and

Article 21 provides guarantees for protection of life and personal liberty. It

is the Constitutional obligation and statutory duty on part of the

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Respondents to take immediate action to close down the ready mix

concrete industry and cancel all the statutory permission if so granted.

13. The applicants humbly submit that the applicants had already sent

various representations to the concerned local body authorities as well as to

the 1st respondent herein. On receipt of all the representation no action was

taken by the 1st respondent. It is very much clear that local panchayath did not

give any consent for operating the industrial unit at the agricultural place.

14. The Applicants humbly submits that the applicants had already filed

application No. 233 of 2016 (SZ) before this Hon’ble Tribunal and the same

was dismissed on 27.10.2016, however, this Hon’ble Tribunal made it clear

that dismissal of the above said Application No. 233 of 2016 will not be a

bar to applicant to see appropriate relief in accordance with law in an

appropriate application.

15. The applicants having no other alternative efficacious remedy except

filing this application for the following among the other

GROUNDS

I. The 1st respondent did not conduct any enquiry and inspection in 2 nd

respondent industry as per Water (Prevention & Control of Pollution) Act

1974 and Air (Prevention & Control of Pollution) Act 1981.

II. The 1st respondent did not refer about order dated 6.9.2017

passed by this Tribunal in O.A.No.103 of 2017, while passing consent order.

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III. The consent order undated issued by the 1 st respondent did not

reflect that whether the 2nd respondent had completed all violations as

mentioned earlier notice dated 16.12.2016. The 1 st respondent failed to refer

the earlier violation notice dated 16.12.2016 issued against the 2 nd

respondent herein.

IV. The consent order was issued by the 1 st respondent to and in

favour of 2nd respondent in an arbitrary manner and the 1 st respondent did

not follow the principle of natural justice before passing the consent order in

favour of the 2nd respondent.

V. The 1st respondent did not pass any speaking order before

granting consent to the 2nd respondent to run the industry.

VI. The 1st respondent failed to mention the inspection report in the

consent order and also failed to disclose the level of discharge of effluence

and emission from the premises.

VII. The 1st respondent voluntarily did not put any notice to the

applicants herein before granting consent to the 2 nd respondent herein.

VIII. It is absolutely true that the 2 nd respondent commenced the

industry of ready concrete plant at agriculture location and residents are

situated nearby too industrial unit. Further the applicants and also others

local residents are cultivating agricultural and horticultural items in and

around industrial unit which fact was voluntarily suppressed by the 1 st

respondent while passing alleged consent order.

IX. The 1st respondent had passed the above said consent order

after having influential persons in the political and that too the same was

passed after forming the new government in the state of Karnataka.

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X. The 1st respondent did not explain in the alleged consent order

as to how the 2nd respondent had fulfilled all the conditions as contemplated

under Water (Prevention & Control of Pollution) Act 1974 and Air

(Prevention & Control of Pollution) Act 1981.

XI. It is the fundamental duty of the Government to protect human

being and dignity of life under Article 48A protection and improvement of

environment, the State shall endeavour to protect and improve

environment, Section 2(a) of Air (prevention and Control of Pollution) Act

1981. Solid, liquid, or gaseous substances including noise prevention in the

present atmosphere in such concentration as may be injurious to human

beings, the 2nd Respondent is in utter violation with scant respect to the

human beings, dignity is polluting the residential area, thus calls for issue of

appropriate relief at the hands of this Hon’ble Tribunal.

XII. The polluting industry emanating abnormal sound obnoxious

and unbearable sound during night times is a Silent Killer affect hearing,

sleep, communication, mental and physical health, psychological stress, the

applicants would be victim of the dangerous air pollution caused by 2 nd

Respondent in utter disregard to the statutory prohibition under Air

(Prevention and Control of Pollution) Act 1981 calls for issue of appropriate

writ at the hands of this Hon’ble Court.

XIII. The provisions under the Air (Prevention and Control of

Pollution) Act 1981 Chapter 4 provides for ensuring standards for emission

and restrictions on use of certain industrial plants more specifically under

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Section 22 not to allow emission of air pollution and to penalize offender, the

1st Respondent totally failed to discharge statutory duty provided in order to

protect life of human being enshrined in Article 21 of the Constitution of

India to make the persons life meaningful, complete and worth living, thus a

serious lapse, illegality in the matter of enforcing law calls for issue of

appropriate directions at the hands of this Hon’ble Tribunal.

XIV. The pollution control board has not conducted enquiry and did

not obtain any consent from the village people of the applicants area and

accorded permission to the 2nd respondent industry which would result in

pollution 24 X 7 and 365 X 12 and affects people physical and psychological

comforts, the protection guaranteed under Article 21 of the Constitution is

violated by the 1st and 2nd Respondents polluting industry in utter disregard

to the Law of the land in the backdrop of the declaration before Hon’ble

Supreme Court in 2005(5) SCC 733, thus calls for issue of appropriate relief.

XV. It is evident and a matter of record that the sound pollution

would exceeding normal prescribed sound decibels, the industrial sound

during night times in the wee hours would exceed the normal prescribed

sound in terms of decibels, it is intolerable, unbearable makes people lives

miserable, disturb the work, rest and sleep, damage hearing and evoke other

psychological and possible pathological reaction, the adverse health effect is

serious to the residents which calls for interference.

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XVI. The industrial establishment under the name Aditya Birla Ultra

Tech Construction Ltd is in the land encroached also besides causing air

pollution illegally blocked the irrigation water canal resulted in stagnation of

sanitary rain water in the layout, the authorities despite complaints have not

taken any action, it is illegalities one after another, the authorities are

keeping silent obviously for extraneous reasons calls for issue of appropriate

direction.

XVII. The 1st & 2nd Respondents are floated all the statutory norms

and have commenced the said ready mix concrete industry by causing huge

health hazards to the village people residing in and around area.

LIMITATION

The Present application is being filed within a period of limitation

before this Hon’ble Tribunal. The applicants had already filed

O.A.No.103 of 2017 before this Tribunal and the same was disposed of

on 6.9.2017 based on the closure undertaking given by the 2 nd

respondent in favour of 1 st respondent and also recording the

submissions made by the counsel appeared for the 1 st respondent.

While disposing the above said O.A.No.103 of 2017 the Hon’ble

Tribunal was pleased to grant liberty to the applicants in case if the 2 nd

respondent operates the industrial unit without obtaining the consent

order. The applicants were already given various representations

from 14.7.2016 to 13.11.2016 to the concerned respondents. On

receipt of such representation by the respondents, they have not

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taken any steps/action in the matter stated in the application. The 1 st

respondent had passed undated combined consent order

No.PCB/Bng/R.R.Nagar.EO/AEO/IND/SG/2017-18 to and in favour of

2nd respondent without giving any notice to the applicants herein. The

2nd respondent has started to run the industry based on the above said

combined consent order from July 2018. Subsequent that the

applicants had given complaint to the 1st respondent on -----------

about the act of 2nd respondent herein. The 2nd respondent has already

been commenced and doing their work in the site causing noise

pollution and blocking the water canal channel and also polluting the

agricultural fields. The 1st respondent has given above the above said

combined consent order to the 2 nd respondent by violating the

provisions of Water (Prevention & Control of Pollution Act, 1974 & Air

(Prevention & Control of Pollution ) Act, 1981. Therefore the present

application is necessary to be filed before this Hon’ble Tribunal and

the present application is presented within a period of limitation.

INTERIM RELIEF

The Applicants humbly pray that this Hon’ble Tribunal may be

pleased to grant temporary Interim Injunction restraining the 2 nd

respondent Operating the ready mix concrete plan machine situated

at Survey No. 75/1, Gulakamale Village, within the limits of Taralu

Village Panchayath, Uttarahalli Hobli, Bangalore South Taluk, pending

disposal of Main application and pass such further or other orders as

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this Hon’ble Court may deem fit and necessary in the circumstances of

the case and thus render justice.

PRAYER

a. To set aside the undated combined consent order

No.PCB/Bng/R.R.Nagar.EO/AEO/IND/SG/2017-18 issued by the 1 st

respondent in favor of 2nd respondent and consequently direct the 2nd

Respondent to stop the functioning of the industry situated at Survey No.

75/1, Gulakamale Village, within the limits of Taralu Village Panchayath,

Uttarahalli Hobli, Bangalore South Taluk, permanently.

b. Such other relief/s as this Hon’ble Tribunal deems fit and proper in

the facts and circumstances of the above case.

SIGNATURE OF APPLICANTS
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VERIFICATION

We, (1)LINGARAJU, S/o Muniyappa, Aged About 28 Years,

(2)SANJIVAMURTHY, S/o. Chandrashekarachari, Aged about 23 years,

(3)MUNIELLAPPA, S/o. Venkataramanappa, Aged about 69 years all are

residing at Gulukumale Village, Tharlu Post, Uttarahalli Hobli, Bangalore

South Taluk, Bangalore – 560 082 do hereby verify on behalf of my-self and

on behalf of other applicants that the contents of paras 1 to 15 are true to

our personal knowledge and believed to be true on legal advice and that we

have not suppressed any material fact.

Date :
Place :Chennai SIGNATURE OF THE APPLICANTS
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BEFORE THE NATIONAL GREEN TRIBUNAL AT CHENNAI

APPLICATION. No. of 2017
Between:
Lingaraju and Others ...Applicants

And
The State of Karnataka and Others ...Respondents

PAPER COMPILATION - I
S.No Date Description of Document Page No.

1. Sept. 2016 Memorandum of application

This is to certify that the above documents are true copies extracted from
original.

Dated at Chennai on this the day of May 2017

COUNSEL FOR APPLICANTS