Case Note & Summary
The appellant, a developer/builder (M/s Marutham Galaxy), filed a writ appeal against the order of a single judge in a writ petition that directed the Revenue Divisional Officer to act upon an earlier order concerning the shifting of a sewage treatment plant. The first respondent had originally sought a direction to shift the plant from the appellant's premises. During the pendency of the appeal, the appellant, in consultation with the association's office bearers, decided to shift the plant in line with the layout approval. The appellant's senior counsel submitted that steps were being taken to submit an application for necessary permissions. The Tamil Nadu Pollution Control Board, through counsel, stated that permission had been originally granted but there was no objection to shifting as per the layout approval. The court, noting the cooperation and consent of the parties, directed the appellant to execute the shifting works after obtaining the requisite consent/permission from competent authorities and to complete the works within four months from the receipt of the order. The competent authorities were directed to issue appropriate orders on the application expeditiously. The writ appeal was disposed of, and the connected civil miscellaneous petition was closed. No costs were awarded.
Headnote
A) Environmental Law - Sewage Treatment Plant - Shifting Pursuant to Layout Approval and Consent - Not mentioned - The appellant agreed to shift the sewage treatment plant in accordance with the layout approval and in consultation with the association office bearers. The Tamil Nadu Pollution Control Board had no objection to the shifting. The court directed the appellant to execute the works by obtaining requisite consent/permission from competent authorities and to complete the works within four months, with the authorities to issue appropriate orders expeditiously. Held, the appeal is disposed of on consent of parties. (Paras 2-5)
Issue of Consideration
W.A.No.3272 of 2024
Final Decision
Appeal disposed of. Appellant directed to execute works for shifting the sewage treatment plant by obtaining requisite consent/permission from competent authorities and complete works within four months from receipt of order copy. Competent authorities to issue appropriate orders expeditiously on the appellant's application. Connected civil miscellaneous petition closed. No costs.
