DINESH P. MENON Vs. THE COCHIN PORT TRUST

JUDGEMENT

(1.) IN these appeals and the connected appeals arising out of the common Judgment of the learned Single Judge dated 4th March 1997 in O.P.No.12806 of 1.996,we have heard the counsel appearing for the parties.

(2.) THE petitioners are the appellants.They have filed this appeal as a public interest litigation seeking reliefs against the Cochin Port Trust,Pollution Control Board,Ministry of Environment and Forest and the State.The question raised was whether the cement silos and packing plant will cause environmental hazard and violate the code of safety in locating the cement in the limits of the city.It was alleged that none of the statutory authorities like,Cochin Port Trust,Pollution Control Board,Cochin Corporation and the District Collector,charged with statutory responsibility of protecting environment have demonstrated that they have conducted technological study for environment impact assessment,in operating a cement plant in the thickly populated area of Willingdon Island.

(3.) WHEN the matter was taken up today for hearing,at the very outset,counsel appearing for the Government of India representing the Ministry of Surface Transport(Ports Wing)produced before us a letter addressed by the Deputy Secretary to the Government of India to the Chairman,Cochin Port Trust in regard to the setting up of cement handling and packing terminal at Q1;at COPT by M/s Gujarat Ambuja Cements Ltd.The contents are as follows: "I am directed to refer to your letter No.EM6/164/Q1 -BA/95,dated 13th September 1995,forwarding a proposal to allot 2 -77 acres of land to M/s Gujarat Ambuja Cements Ltd.for creation of cement handling facilities and to say that your proposal has been examined in the Ministry and it has been decided to disallow this project in the Cochin Port area. Yours faithfully, (Sd.) R.K.srivastava, Dy.Secretary to the Government of India." Copy of the said letter has been kept on record.All the parties appearing in the case representing the Cochin Port Trust,Ministry of Surface Transport,Ministry of Environment and Forest and the State of Kerala as also the Pollution Control Board and the Corporation of Cochin had nothing to say to the contrary in view of the aforesaid letter issued by the Government of India to the Chairman,Cochin Port Trust and in this view,it was contended that the appeals be disposed of since now the Government of India has decided to disallow the project in question in the Cochin Port area.We must appreciate the stand taken by the Government of India in the said letter.In view of the concern frequently expressed by the public for the protection against pollution and preservation of the ecology and environment for safety both in the present and future,it is imperative that everyone concerned has to endeavour their best to protect and preserve the environment for the common good.The Government machinery/agencies,including Port Trust and authorities controlling Ports have additional responsibilities towards the same.In that view,they should avoid projects causing pollution inherently like the present one which has given rise to these appeals.