Unit near residential area violated rules: Madurai Bench of Madras HC
Madurai: The Madurai Bench of the Madras High Court directed the government agencies to file a counter on a Public Interest Litigation listing violations in the setting up of a firecracker manufacturing unit close to residential area in Madurai district.
In his PIL filed before a division bench comprising Justices A.Selvam and N.Athinathan, the petitioner R.Selvaraj, a farmer from Madurai, said that VKS Fireworks was not only established in the midst of residential and agricultural lands at Karumathur village without obtaining the required permission from any of the statutory authorities but also its owners had illegally purchased two plots allotted by the government for economically weaker sections under AMMA scheme for the construction of a pathway to the factory.
The information obtained through Right to Information Act, 2005 by the petitioner from the government authorities revealed that the District Revenue Officer, Madurai had issued a 'No Objection Certificate' for the proposed fireworks store house and manufacturing of sparklers of 1650 and possession and sale of fireworks from a magazine in favour of VKS Fireworks violating the Explosives Rules 2008, argued I.Robert Chandrakumar, counsel for petitioner.
Submitting the RTI documents in the court, the counsel said that as per article 1 (d) and 3 of schedule IV part 1 of Explosive Rules 2008, the chief controller or controller of Explosives, Petroleum and Explosives Safety Organisation (PESO) was only authorised to issue LE1 and LE3 licenses for manufacturing fireworks or gun power or both exceeding 500 kgs.
The RTI information also revealed that the VKS Fireworks owners didn't obtain any licence from statutory authorities - the Madurai Local Planning Authority (LPA) and the district environment engineer, Tamil Nadu Pollution Control Board under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981, said the counsel Robert Chandrakumar.
Though the VKS Fireworks was established near a hill, the owners also failed to obtain permission from the Hill Area Conservation Authority (HACA) which is mandatory as per the GO passed by the Housing and Urban Development department.
"Moreover as per section 160 of Tamil Nadu Panchayat Act, 1994, no person shall, without the permission of the panchayat union council in the panchayat villages construct or establish any factory," After recording the submission, the court issued notice to the owners of the factory and directed the government agencies to file the counter.
