O FERNANDES Vs. TAMIL NADU POLLUTION CONTROL BOARD

JUDGEMENT

(1.) THE Chief Justice: heard learned counsel for the parties.

(2.) WRIT Petition No. 33528 of 2004 has been filed for a direction to declare the public hearings conducted in connection with the Sethu Samudram Shipping Canal Project (hereinafter referred to as SSSCP) in Tuticorin, Thanjavur, Thiruvarur, Nagapattinam, Pudukkottai and Ramanathapuram districts on several dates to be ineffective and not in compliance with the requirements of law. The petitioner has stated that such public hearings would become meaningful only after a comprehensive Environmental Impact Assessment Report on the SSSCP is made ready. The petitioner further prayed for a direction against respondents 1 and 2 to constitute panels in accordance with the notification issued by the Central Government on 27. 1. 1994 as amended on 10. 4. 1997, and for a further direction to regulate all public hearings to ensure presentation of rational and scientific data.

(3.) THE petitioner claims that he is the co-convener of a group of organisations coming together under the banner of Coastal Action Network. He further claims that the objective of the said network is to ensure protection of environment and bio-diversity in the coastal areas. The SSSCP visualizes making a canal for passage of ships through the Palk Strait, and as per the proposal the total length of the canal would be about 260 Kms. The Government of India is proposing to dredge a width of 300 Metres through 44 Nautical Miles stretch. It is estimated that 32. 5 Million Cubic Meter of sand would be dredged in Adams Bridge and 52 Million Cubic Meters in Palk Strait. The Governments proposal is aimed at reducing the distance for ships, which now go around Sri Lanka after berthing in Colombo to reach the Bay of Bengal. It is proposed to dredge a shipping canal in the Palk Strait to avoid going around Sri Lanka.