CONSUMER ACTION GROUP Vs. UNION OF INDIA

JUDGEMENT

(1.) NOT a day passes with a conference on pollution control and environmental management at some part of the world or atleast an article in the Newspaper and Weekly Magazines about the importance of the subject or the lack of awareness on the part of the citizens, the Government and the Governmental Authorities. The subject has assumed the Worldwide importance because it threatens the very life and existence of the human race. That is precisely the reason why several enactments have been passed by the Central and State Governments on the control of water pollution, air pollution, noise pollution as well as the Environment (Protection) Act, 1986, etc.

(2.) THE petitioner in this case is a trust set up for the purpose of representing consumers and fighting their cause in protecting public health, public safety and the performance of public duties in this regard. THE deponent of the affidavit is a trustee of the said trust and is a well-known member of the Bar. It is stated that the petitioner trust had earlier filed several writ petitions in preventing the authorities from converting the peoples park occupying the erstwhile Madras Zoo into a Five Star Hotel. Recently, they have filed V,P.No.l99J5 of 1993 to restrain the State of Tamil Nadu from changing the water catchment and ground water areas in the State of Tamil Nadu for building activity and housing projects. In particular, they are seeking to protect five major lakes in Ambat-tur, Kakkalur, Nolumbur and Chitlapakkam from being converted into house sites.

(3.) IN the affidavit filed in support of the writ petition, the construction activity is opposed on the following grounds: (a) Under Sec.2 of the Forest Conversion Act, 1980, the State Government or other authority cannot use any forest land or any portion thereof, for non-forest purpose. According to the petitioner, the salient feature of this provision is to prevent deforestation which cause ecological imbalances leading to environmental deterioration. The area has a board proclaiming "Forest Department - Poaching prohibited". (b) The low lying area comprises of about 100 acres and is a source for ground water recharge especially for the residents of the area in and around Greenways Road, Santhome, Adyar, M.R.C.Nagar, Mandavelli, etc. IN this connection reference is made to Madras Metropolitan Area Ground Water Regulation Act, 1986. (c) Right to a safe and healthy environment and the right to have adequate water supply are part of the right to life guaranteed under Art.21 of the Constitution of INdia. Any attempt to negate the said right should be controlled by appropriate directions under Art.226 of the Constitution of INdia. (d) The proposed construction of a memorial and other allied building would contravene the various provisions of the Development Control Rules with particular reference to the Zoning of the area.