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TMI Blog1991 (3) TMI 392X X X X Extracts X X X X X X X X Extracts X X X X ..... ndum dealing in seriatim with the various objections raised by the petitioners and setting out the Government's findings thereon. After considering the same and hearing the counsel at length, the High Court, by a detailed order, dismissed the writ petitions by its order dated 12.12.1990. The objectors have thereupon filed these two petitions for leave to appeal before us. 2. The limitations, or more appropriately, the self-imposed restrictions of a Court in considering such an issue as this have been set out by the Court in Rural Litigation Entitlement Kendra v. State of U.P. and Ors. 1987 (1) SCR 637 and Sachidanand Pandey and Anr. v. State of West Bengal and Ors. . The observations in those decisions need not be reiterated here. It is sufficient to observe that it is primarily for the Governments concerned to consider the importance of public projects for the betterment of the conditions of living of the people on the one hand and the necessity for preservation of social and ecological balances, avoidance of deforestation and maintenance of purity of the atmosphere and water free from pollution on the other in the light of various factual, technical and other aspects tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded Bombay Metropolitan Region; Dahanu falls outside this region. That apart, there were also other reasons to discard the Bassein site which do not apply to the Dahanu site. If the Bassein site having been rejected, an alternate site in Western Maharashtra had to be chosen and Dahanu being close to Bombay after Bassein and beyond the Metropolitan development region has been chosen, there is nothing wrong in this. (2) The principal objection on behalf of the petitioners is that the clearance is in the teeth of the findings of an expert body appointed by the Government itself to examine all the aspects of the proposed location at Dahanu. It is contended that this Appraisal Committee for Thermal Power Stations (EAC) held its meetings on 27th October, 1988 and 29th December, 1988. The meetings were attended by the members of the EAC, concerned officers of the State of Maharashtra, the representatives of the company and representatives of various public bodies and groups. The Committee, after examining the various aspects, considered the site at Dahanu unsuitable and listed nine reasons for this conclusion. It is pointed out that this conclusion of the EAC was arrived at on 29.12.88 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Government chose to accept the recommendations of the State Government, its action cannot be said to be arbitrary. That apart, even assuming that some aspects might have been overlooked by the Government, that possibility has been taken care of as a result of the interim directions of the High Court which resulted in a reconsideration of the whole issue in the light of the specific objections put forward by the petitioners. We have already referred to the fact that on 29.6.90 an affidavit and memorandum were filed on behalf of the Union meeting everyone of the objections that were sought to be raised. We are not concerned with the question whether the decision taken is right or wrong; the question is whether it has been taken after a consideration of all relevant aspects. It is clear that in the circumstances outlined above and having regard to all the material that has been made available, it is not possible to agree with the counsel for the petitioners that the Government decision should be faulted as it runs counter to the views of the EAC or that the Government has not applied its mind to all relevant aspects of the setting up of a thermal power station at Dahanu. (3) Anot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut, it is probably impossible to have a location in the region which will have a clearance of 5 kms. from the sea and 25 kms. from all tropical forests of Western Ghats. The distance mentioned in the guidelines are only intended as a safeguard against possible pollution effects; it cannot be treated as rigid and inflexible irrespective of local conditions. It is, therefore, quite natural for the Government of India to decide that the site could be cleared subject to stringent conditions to prevent danger of pollution. They have insisted on the installation of a multi-fuel boiler making possible the utilisation of not merely coal but also oil, gas or LSHS to the maximum extent possible. They have insisted upon a tall stack of not less than 275 metres, electrostatic precipitators and a Flue Gas Desulphurisation Plant (FGD). Continuous monitoring of stock emissions and ambient air quality have been insisted upon. Taking into account the Expert Committees' reports, which have been referred to earlier, the Central Government was satisfied that if these conditions are adhered to there will be no significant impact on the environment either due to atmospheric or water pollution. (4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thermal power stations and construction activities in the Coastal Regulation Zone, which covers a distance of 500 metres above the High Tide Line. Our attention is also drawn to another notification dated 8th February, 1991. This is a draft notification which sets out that it has been issued, after considering the need for protecting the ecologically sensitive Dahanu Taluka and to ensure that the development activities arc consistent with principles of environmental protection and conservation . The notification proposes to declare Dahanu Taluka as an ecologically fragile area and proceeds to impose restrictions on the setting up of industries which have detrimental effect on the environment. It sets out new guidelines for permitting/restricting industries and industrial units in the Dahanu Taluka. It prohibits the location of thermal and nuclear power plants' in the zone. It is submitted that the clearance given runs in the teeth of these notifications. 8. The above criticism, again, is based on a misconception. As pointed out on behalf of the company, a notification of the nature referred to above is contemplated in the clearance given to the company's thermal statio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... without proper advertence to the consequences. So far as the present allegation regarding the FGD plant is concerned however, it is not denied that the Company has ask led for dispensing with the requirement at this stage. Sri Ashok Desai submits that this has been done on the basis of the findings of the World Bank that, having regard to the nature and quality of the coal proposed to be used as could be seen from the analysis made available, the immediate installation of a FGD plant may not be necessary. It has been suggested that the plant could be designed in such a way that it found necessary the FGD plant could be installed at a later date. Shri Ashok Desai also submits that the Environment (Protection) Rules, 1986, which have been promulgated on 30th August, 1990, also envisage a policy of increasing the stack height so that contamination by emission of gases at ground level might be minimised. He submits that there is no reason for the petitioners to anticipate any relaxation of this condition if it will be harmful to environmental interests. We do not wish to say anything more at this stage on this issue except to say that the condition regarding an FGD plant has been impos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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