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2011 Supreme(Mad) 2507
High Court of Judicature at Madras
ELIPE DHARMA RAO & M. VENUGOPAL
Avoor Muthiah Maistry Street Residents Welfare Association, rep. by its President S.M.K. Swamy & Others
Versus
The Government of Tamil Nadu, rep.by the Chief Secretary to Government & Others
Writ Petitions No.11747 of 2002, 37081 of 2002, 41163 of 2002, 7444 of 2009 & M.P.Nos.1 & 2 of 2009 in W.P.No.11747 of 2002
Decided On: 11-05-2011
For the Petitioner:M/s. T. Mohan, A. Jenasenan, V. Achuthan, Elephant G. Rajendran, Advocates.
For the Respondents:Malarvizhi Udayakumar, Spl.G.P. (W), P. Wilson, S.C. & Addl., Advocate Wilson Associates, Ramanlal, M. Vaidyanathan, S.A. Rajan, V. Aravamudan, M. Ravindran, Addl. Solicitor General of India, Advocates.
Ratios
a. The right to life protected under Article 21 is so sacrosanct and always on the high pedestal as the basic right of the citizens of this great country.
b. The object of the fundamental right under Article 21 is to prevent deprivation of life and assures the citizens to live with all human dignity.
c. Foremost among all the rights guaranteed under the Constitution is the right to life, from which flows other rights and freedoms.
d. The right to life is not confined to mere physical or animal existence but includes the right to every limb or faculty through which life is enjoyed. It signifies the right to live with basic human dignity.
e. The right to a clean environment, drinking water, a pollution-free atmosphere etc. are inalienable human rights and, therefore, fundamental rights of Indian citizens.
f. The financial burdens or financial commitments of any State should never outweigh the sovereign duty of the State under Article 21, dealing with right to life, with its extended meaning of right to breath clean.
Headnote:(A)Constitution of India-Art.21-Fundamental right-Right to life-Environment-Pollution-Air pollution-Dust-Port-Coal-Iron ore-Economic interest-Coal and iron ore were handled in Madras port in bulk quantities-Wind carried small particles to the nearby residential areas and sedimented in the buildings-Residents complained of health hazard to them and sought for stopping the operations in Madras port which was resisted by the Madras port by contending that it would affect its business interest and create labour unrest-Central Government submitted that, to shift the coal handling operation from the Madras port, it had established port in Ennore which is functional at present but that port had been functioning as independent port at present-Held, the right to life of the citizen could not be sacrificed on the ground that the measure directed would affect the business interest of the polluter-As the Madras port had not shown any remarkable result in eliminating pollution, handling of coal and iron by it was banned and the interest of the labourers were directed to be taken care of-Prayer for compensation was rejected-Petitions were allowed accordingly.
(B)Constitution of India-Art.21-Fundamental right-Right to life-Environment-The right to life protected under Article 21 is so sacrosanct and always on the high pedestal as the basic right of the citizens of this great country-The object of the fundamental right under Article 21 is to prevent deprivation of life and assures the citizens to live with all human dignity-Foremost among all the rights guaranteed under the Constitution is the right to life, from which flows other rights and freedoms-The right to life is not confined to mere physical or animal existence but includes the right to every limb or faculty through which life is enjoyed. It signifies the right to live with basic human dignity.
The right to life protected under Article 21 is so sacrosanct and always on the high pedestal as the basic right of the citizens of this great country. The object of the fundamental right under Article 21 is to prevent deprivation of life and assures the citizens to live with all human dignity. Foremost among all the rights guaranteed under the Constitution is the right to life, from which flow other rights and freedoms. The right to life is not confined to mere physical or animal existence but includes the right to every limb or faculty through which life is enjoyed. It signifies the right to live with basic human dignity. Para 27
(C)Constitution of India-Art.21-Fundamental right-Right to life-Environment-Pollution-Air pollution-Dust-The right to a clean environment, drinking water, a pollution-free atmosphere etc. are inalienable human rights and, therefore, fundamental rights of Indian citizens.
The Supreme Court, in its interpretation of Article 21, has facilitated the emergence of an environmental jurisprudence in India, while also strengthening human rights jurisprudence. There are numerous decisions wherein the right to a clean environment, drinking water, a pollution-free atmosphere etc. have been given the status of inalienable human rights and, therefore, fundamental rights of Indian citizens. These principles are evolved by a series of judgments delivered by the Honourable Apex Court. Para 28
(D)Constitution of India-Art.21-Fundamental right-Right to life-Environment-Pollution-Air pollution-Economic interest- The financial burdens or financial commitments of any State should never outweigh the sovereign duty of the State under Article 21, dealing with right to life, with its extended meaning of right to breath clean.
We are at a complete loss to understand this strategy adopted on the part of the Chennai Port. The financial burdens or financial commitments of any State should never outweigh the sovereign duty of the State under Article 21, dealing with right to life, with its extended meaning of right to breath clean. Para 38
ELIPE DHARMA RAO, J.
1. Right to life guaranteed under Article 21 of the Constitution, with its extended meaning by judicial pronouncements that it includes the right to have clean and healthy environment, is again the subject matter in all these matters.
2. The letter dated 27.3.2002, addressed by Avoor Muthiah Maistry Street Residents Welfare Association, 64/7, Avoor Muthiah Street, Chennai, signed by its President Mr.S.M.K.Swamy, to the then Honourable Chief Justice of this Court, thereby explaining their turmoil because of the iron ore unloaded in the Harbour being blown to their houses and causing unbearable pollution and requesting to provide respite for them by treating the said letter as a public interest litigation, has laid the foundation for initiation of these proceedings as the said letter has been ordered to be treated as a taken up Writ Petition. Accordingly, the said letter was treated as a writ petition and numbered as W.P.No.11747 of 2002. This writ petition was admitted on 25.4.2002.
3. While so, on 21.9.2002, the then Honourable Chief Justice along with the Honourable Judges of the Building Committee of this Court, during their inspection of the premises noticed coal dust on the walls and floor due to the handling of the loading and unloading of the coal in huge quantity by the Madras Port Trust. Hence, the Registrar (Administration) of this High Court was directed to immediately bring to the notice of the Pollution Control Board the state of affairs so as to take necessary remedial steps. Since it has been brought to the notice of the then Honourable Chief Justice that despite issuance of three notices dated 18.7.2001, 22.5.2002 and 14.8.2002 by the Pollution Control Board, there was no response from the Chennai Port Trust, the Honourable The Chief Justice has ordered to treat the said notices issued by the Pollution Control Board to the Chennai Port Trust as a taken up Writ Petition. Accordingly, W.P.No.37081 of 2002 has been numbered as a taken-up Writ Petition.
4. During pendency of these two taken up Writ Petitions, the Royapuram Residents Welfare Association, has filed a Public Interest Litigation in W.P.No.41163 of 2002, seeking compensation under the 'polluter pays' principle and for other remedial measures. Likewise, the Madras High Court Practising Advocates Association has also come forward to file W.P.No.7444 of 2009 as a public interest litigation. Since the issue involved is one and the same, all these matters are taken up for a common hearing and are being disposed of by this common order.
5. The City of Chennai, considered as the 'gateway to South Indian Culture' is the fourth Metropolis and situated in the North-East end of Tamil Nadu, along 26 kilometres of coastline on the Bay of Bengal.
6. Ennore Port, declared as a 'Major Port' under the Indian Ports Act, is created in the year 2001, at a distance of 20 kms. North of the Chennai Port. Chennai Port is situated in the close proximity of the power seat of Tamil Nadu/Fort St.George, the High Court, Reserve Bank of India, surrounded by the old settlements of Chennai i.e. Madras like Royapuram, Triplicane, Broadway, etc. with high density of population. As per a study conducted by the Environmental Information Systems (ENVIS) Centre, Department of Environment, Government of Tamil Nadu, in the year 2008, there are more than 10 million people living along the coast of Chennai city alone.
7. Chennai Port Trust is handling coal for various thermal power stations located in Tamilnadu under the Tamil Nadu Electricity Board since 1970 and the vessels carrying coal were accorded priority berthing at the Port as per the instructions of the Government of India. There is no doubt that the volume of coal traffic through this Port has steadily increased over the years.
8. The Tamil Nadu Electricity Board (TNEB) has established four thermal power stations namely North Chennai Thermal Power Station, Ennore Thermal Power Station, Mettur Thermal Powe
