B.RAMKUMAR ADITYAN Vs. SECRETARY MINISTRY OF ENVIRONMENT

JUDGEMENT

(1.) This Writ Petition is filed as a Public Interest Litigation by the petitioner who is an Advocate by profession for issuing a Writ of Mandamus directing the respondents 2, 4, 8, 12 and 13 to abandon the construction of the Coal Jetty at 2 x 660 MW Udangudi Super Critical Thermal Power Project in Udangudi Village, Thiruchendur Taluk, Thoothukudi District.

(2.) The petitioner states that the 13th respondent is a joint venture company of respondents 8 and 9, namely, TANGEDCO and Bharat Heavy Electricals Limited. After signing a memorandum of understanding, the respondents 8 and 9 stated to have planned for establishment of 2 X 800 MW Super Critical Technology Power Plant in 2007 at the estimated cost of Rs.9,083 Crores. It is stated by the petitioner that the petitioner approached the first respondent namely the Ministry of Environment, Forest and Climate Change and obtained information that the joint venture company has obtained an environmental clearance by projecting its requirement with 30% domestic coal and 70% imported coal (from Indonesia). The petitioner further states that when public hearing was conducted way back in 07.02.2009 M/s.TANGEDCO announced a public hearing that an annual requirement of coal for the 13 th respondent is 6.74 million tonne and that about 30% of coal will be imported and 70% of coal would be procured from Indian Coal Fields. It is admitted even by the petitioner that the 8 th respondent has announced that the required coal for the project would be brought by forming a coal jetty on deep sea and conveyed through pipe conveyor and that it is going to be made in such a way that the construction of coal jetty will not affect fishing activities.

(3.) The grievance of the petitioner for filing this present Writ Petition is that the fishermen community in Tiruchendur Taluk fears that their moving boats may hit in the piles and foundation of the coal jetty in case of unexpected heavy winds. The further apprehension is that the construction of coal jetty in the proposed area will damage marine ecology. The petitioner further states that the fishermen from nearby hamlets will be affected by the concrete structures and the pollution that may be caused while handling coal at the coal jetty. It is also stated that fishermen of the locality conducted lots of demonstrations against the construction of coal jetty and several cases have been registered against the protesters who have raised their voices against the upcoming coal jetty for the proposed plant.