- (1.) APPEAL Nos. 85 and 86 of 2014 (SZ):
(2.) THESE appeals have been filed by the appellant herein challenging the order of the 3rd respondent Appellate Authority in Appeal Nos. 1 and 2 of 2014 dated 22.08.2014. The brief facts of the case as could be summarized from the appeal memoranda filed herein are that the appellant's father started the unit in S.F. No. 34/4, 31/1A1 at Komarapalayam in Tiruchengodu Taluk of Namakkal District in the year 1977 as a proprietary concern for bleaching and dyeing cotton yarns and fabrics. The unit was registered with the Registrar of Firms for the purpose of manufacturing textiles and was also registered under Sales Tax (Registration and Turnover) Rules, 1957 on 23.08.1977. Subsequently, by the proceedings dated 07.06.1988, C Form declaration has been obtained from the Deputy Commercial Tax Officer, Sankagiri. These facts would show that the unit was in existence even before the G.O. Ms. No. 213, Environment and Forest Department dated 30.03.1989 and G.O. Ms. No. 127, Environment and Forest Department dated 08.05.1998 were issued. After the demise of the appellant's father, the appellant took over the business and proprietary concern was converted into a partnership firm with the appellant and her husband as the partners of the firm. The place where the business is carried on is construed as an unclassified area as could be seen from the certificate dated 12.07.2010 issued by the Deputy Director, Town and Country Planning, Salem Region. The unit was also registered in the Department of Industries and Commerce of the State of Tamil Nadu as a small enterprise vide memo No. 3300912/04306E/Part II dated 12.12.2012. The electric power supply has been changed in the name of the appellant on 27.11.2007. Apart from the above, the license of the unit was renewed by Pallipalayam Panchayat Union on 29.07.2003 and these facts have not been appreciated by the respondent TNPCB before issuing the closure order dated 29.06.2010 challenged before the 3rd respondent.
(3.) THE TNPCB inspected the unit on 17.03.2010 and reported that the unit was operating without consent and discharging untreated trade effluent outside its premises. The appellant submitted an application to the 2nd respondent seeking the grant of CTO. However, no order has been passed on the application. When the unit of the appellant is in existence from the year 1977 which is the factual position, the restrictions imposed in the Government orders dated 30.03.1989 and 08.05.1998 cannot be applied to the detriment of the unit. Subsequently, the TNPCB passed an order of closure of the unit on 29.06.2010 under section 33 A of the Water Act along with disconnection of power supply.;