(1.) THIS is an environmental action. Society for Clean Environment, Bombay and its Secretary are the petitioners. On the array of the respondents is the Union of India-respondent No. 1. The State of Maharashtra is respondent No. 5; and the primary statutory body entrusted with the protection of the environmental rights of the ordinary citizens---the Maharashtra Pollution Control Board (hereinafter referred to as "the Board") is respondent No. 6. The industrial units of the Tatas referred to as Tata Electric Company (T. K. C.), figure as respondent Nos. 2 to 4.
(2.) TATAS had already four Units generating electricity, the first three of 62. 5 MW each aggregate and the fourth one of 150 MW. The fifth unit with a capacity of 500 MW was commissioned later. The details are as follows: <FRM>JUDGEMENT_362_BCR3_1992Html1.htm</FRM> The old units have become, understandably, somewhat obsolescent. Tatas sought setting up of a new plant, plant No. 6. In the post-Stockholm era of environmental enlightenment, environmental clearance for such a unit is not easily got, when enthusiastic environmental groups are active around. Clearance was, however, ultimately obtained for commissioning of the new unit, unit No. 6, by communication dated 3-11-1986 (Ext. D ).
(3.) THE location of the unit was Trombay/chembur area. The Government of India emphasised the fact that the area was one where "no more polluting units be located" as it had already reached a critical level. It reiterated that the second unit of 500 MW at Trombay had been approved with the condition that a non-polluting fuel way to be used. Condition Nos. 1 to 3 as contained that communication may be extracted