The Hindu Business Line : HC asks TNPCB to give ruling on consent and renewal fees

The Madras High Court has directed the Tamil Nadu Pollution Control Board (TNPCB) to consider a representation of an industry association over non-implementation of orders of the TNPCB Appellate Authority.

The court, in its order issued on June 6, has directed the Board Chairman to give his ruling and pass orders on merit within two weeks.

The TNPCB Appellate Authority orders were related to the `consent' and renewal fees payable to the Board by the members of the Tamilnadu Spinning Mills Association.

The association, through a writ petition, has sought the Court's direction to implement the Appellate Authority's orders that called upon the Board to review the `consent' and the renewal fee structure.

Consent fee structure

The TNPCB Appellate Authority in two separate orders in 2002 called for re-examining the consent fee structure saying it had found no significant difference in the amount of consent fee between Red, Orange and Green category for a given capital investment. Similarly, there has been no distinction in the fee structure between the first application and the subsequent renewal applications.

It had also held that the consent fee structure needed a re-look by the Board taking into account the steps taken by applicant industries to control pollution and the nature or quantum of pollutants discharged. The Appellate Authority felt that as any investment on pollution control increased the fixed asset value of the industry, which in turn resulted in increased consent fee payable, and this being absurd the Board ought to re-examine the issue.

In the meantime, citing the latest court order, the association has in a communication to the TNPCB wanted the latter to expeditiously implement the appellate authority's orders.

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