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Karnataka HC rejects plea against Cogentrix project

A division bench of the Karnataka high court on Friday dismissed a writ petition of Maneka Gandhi and the Jana Jagran Samithi seeking to quash the environmental clearance accorded to the Mangalore Power Company to set up a 1000 mw thermal power unit in Mangalore in west Karnataka.

In a 165-page order on the writ petition of Gandhi, which was transferred to the Karnataka high court by the Supreme Court, Justice S Ramesh Babu and Justice B S Sreenivasa Rao said that the arguments put forth by the petitioners were not sustainable to quash the clearance granted by the Karnataka State Pollution Control Board and the Union ministry of environment and forests.

The bench, however, directed the MOEF to take into consideration the report of Danida and the National Environment Engineering Research Institute on the project. It should also take note and ascertain whether the project, in the absence of a carrying capacity study, would affect the quality of human life and environment sufficiently.

Such action sould be taken within a period of three months, the bench said.

The bench said if the petitioners or any other person desired, they could make an appropriate representation to the MOEF for its consideration. Unless the MOEF considered oral hearing necessary, the same need not be extended to the petitioners or any other persons, it added.

It said the petititoners had neither in their pleadings nor in the arguments made clear in what manner were certain criteria not observed in setting up the project in Nandikur, near Mangalore.

The judges said it might be difficult for the court to substantiate the petitioners' view about the location of the project, especially when the authorities concerned had found it to be the best one.

It may perhaps be possible to exercise greater control and vigil over the operations and strike a balance between the preservation and utilisation of the land. That would be an independent matter for an expert body to examine and on the basis of the appropriate advice, the government should take a decision and firmly implement the same.

The judges said that on fresh information, if necessary, the Karnataka State Pollution Control Board might reconsider the clearance given to the project.

They said the carrying capacity concept was dependent on so many imponderables and absence of such a study by itself might not be a grave infirmity in giving the clerance for the project. For future development of the district, it may be needed and again this was a matter under the consideration of the authorities, it added.

The judges observed that the concept of the criterion might have an impact on development policy. But once the policy was spelt out, either by the legislature or by the authorities and then brought into framework of law, ''We do not think that courts can intercede to state what the policy should be. Such matters should be well neigh left to experts with knowledge, information and wisdom to deal with the same,'' the bench added.

The petitioners had challenged the action of MOEF and the state pollution control board on the ground that the megaproject would destroy the flora and fauna of the area and also disturb the life of the residents besides causing pollution of the sea water.

They urged action from the courts on several grounds, including environmental hazard, site of the project, the procedure adopted for land aquisition, requirement of land for the plant, the security risk, and the capability of Cogentgrix to run the project. The petition also contended that besides the environmental hazards, the location of the project in Nandikur was not proper.

The bench rejected all the contentions of the petitioners while dimissing the petitions.

UNI