R L SRINIVASAN Vs. UNION OF INDIA

JUDGEMENT

(1.) All the Writ petitions are disposed of by this common order for the reason that, the averments in all the petitions is that the National Chennai Thermal Power Station, Athipattu, Thiruvallur District, Chennai is causing environmental pollution by violating the various provisions of the Environmental Protection Act, 1986, Air (Prevention and Control of Pollution) Act,1981, Water (Prevention and Control of Pollution) Act, 1974 and the various conditions imposed on them, while granting consent to establish and operate.

(2.) Instant writ Petition has been filed, to direct the Union of India, Ministry of Environment, Forests and Climate Change, New Delhi; North Chennai Thermal Power Station, Thiruvallur District and Tamil Nadu Pollution Control Board, Chennai, respondents 1 to 3 respectively, to forthwith remove and evacuate the ash illegally dumped by the North Chennai Thermal Power Station, Thiruvallur District, second respondent, in the unlined ash pond, at Ennore and Puzhudhivakkam, Thiruvallur District, Tamil Nadu, without impervious lining, restore the area to its previous pristine state, including restoration of mangroves, drainage pattern.

(3.) Alleging violations committed by North Chennai Thermal Power Station, second respondent herein, by discharging bottom ash and fly ash in its unlined ash pond, located at Ennore and Puzhudhivakam villages, petitioner has contended that the second respondent has not complied with fly-ash Notification. Second respondent has not achieved 100% fly ash utilisation and is in fact, increasing the holding capacity of its ash pond by increasing the height of the bunds, without getting clearances from the Ministry of Environment, Forests and Climate Change and the Tamil Nadu Pollution Control Board, respondents 1 and 3, respectively.