Pioneer Allowed to Construct at Own Risk
Chennai, 28 September, 2006: The Madras High Court today while admitting a Writ Petition filed by K. Bharathi challenging the consent to establish granted to the Pioneer Miyagi Chemicals by the Tamil Nadu Pollution Control Board, declined to stay the consent order and ordered the Department of Environment to file counter affidavit on the allegation raised by the petitioner that the unit falls within the CRZ I (No Development zone) category of the Coastal Regulation Zone Notification.
The Court also vacated the stay granted in an earlier petition filed by the same petitioner about illegal construction by the unit and made it very clear that the fate of the construction carried on by Pioneer Miyagi will be subject to the outcome of the current writ petition.
K. Bharathi, a representative of a fisherfolk welfare organisation had taken the company and the Tamilnadu Pollution Control Board (TNPCB) to court over allegedly illegal constructions. The company had begun construction of a new factory without obtaining permission from the Tamilnadu Pollution Control Board. Villagers complained about the violation, in response to which the TNPCB had issued a warning letter. Another warning letter was sent after earlier warnings were ignored. Late last month, the matter was taken to court after which the Court ordered a stay on the construction pending hearing. However, in mid September, the TNPCB granted a post-facto consent for the construction of the factory.
The petitioner alleges that the factory violates the Coastal Regulation Zone (CRZ) Notification as it is located less than 100 metres from the tidal river Uppanar. The High Court has asked the Department of Environment to clarify the CRZ status of the industry. CRZ prescribes a "No Development" zone 100 metres from the waterline of tidal rivers, and 500 metres from the High Tide Line of oceans.
Read earlier story here:Court Orders Pioneer to Stop Unauthorised Construction