In a public interest petition filed by journalist Bittu Sehgal, it was alleged that more than 380 industrial units are coming up in the ecologically fragile area, including a thermal power plant. A report of the National Environment Engineering Institute (NEERI) has stated that the industries are not setting up pollution treatment plants or meeting the environmental standards.
A division bench consisting of Justice Kuldip Singh and Justice S Saghir Ahmad also asked the chief justice of the Bombay High Court to set up a green bench to monitor the implementation of the regulations. Such benches to deal with environmental matters have already been set up in the high courts of Calcutta, Madras, Allahabad, Punjab and Haryana.
The Supreme Court has disposed of the matter and now it will be the obligation of the Bombay High Court to monitor the matter.
The authority, to be set up under the directions of the Supreme Court before November 30, will be headed by a retired judge of the high court and will consist of experts from the fields of hydrology, oceanography, aquatic and information technology.
The Environment (Protection) Act, 1986, provides for the setting up of such authority, but it has not been done so far.
Earlier this month, the Supreme Court had asked the Centre to set up a similar authority to look into the threat posed by multinational chemical industries in the Thane area.
Such an authority under Section 3 (3) of the Environment Act was set up in Vellore to deal with the tanneries.
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The authority will see to it that the recommendations of the NEERI are carried out. It will also oversee the implementation of the notifications issued regarding the coastal zone in 1991 and the regional plan issued in 1981.
According to the regional plan, there shall be a buffer zone of 25 km from the coast and no hazardous unit should come in the area. The green and tribal areas should be untouched. But these were not followed according to petitioners counsel M C Mehta.
The Environment Act itself confers vast powers on such an authority under Section 5. The powers conferred on the authority by the Supreme Court are in addition to those provided by the Act.
The authority for the Dahanu area must follow two principles which have been laid down by the Supreme Court in two recent judgments. One is the polluter pays principle. According to it, the industry which pollutes the area destroying the land, water and air should compensate the population by putting the environment back to its pristine state.
The other is the precautionary principle, which makes it the duty of the industry to take all measures to protect the environment before setting up units. These principles cast a heavy financial liability on the new industries which have apparently not yet been realised.