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14. The direct effect of industrialization on rural areas results in loss of good agricultural land, common and grazing lands, and the displacement of houses in addition to reserve forest. It would also affect the marine life in shallow coastal waters, the quality and quantity of Gurpur river. For ecosystems, the Western ghats are expected to be under high pressure in the ecosystems neighbouring the Nethravathi, Gurpur, Swarna, Sita and Kodi Hole rivers; that there is already serious air and water pollution in the area as a result of oil spill from MRPL; that there is already an incident of heavy oil spillage alongwith rain water from the water sump because of incessant heavy rains which has damaged prime agricultural lands and the ecology of the area; that without obtaining any comprehensive EIA statement, the MOEF has given the environmental clearance to the Cogentrix Project; that while giving clearance, the MOEF has not considered-

49. In the other petition - Writ Petition No. 28651 of 1996, the petitioner is a Society registered under the Societies Registration Act. The members of the Society are residents of Nandikur, Palimar, Yellur and other neighbouring villages in the district of Dakshina Kannada. The topography, geography, demography, water resources, flora and fauna, importance of the western ghats as a tropical land forest region, life pattern of the people/residents of the area and the crop pattern adopted are all set out in great detail in the course of the petition to the importance of which, we have already adverted to while dealing with other writ petition. It is submitted that Dakshina Kannada is ecologically sensitive coastal district and it has become a major centre of industrial investment. About three to four thousand investment coming into the State is to materialise in the district and the industries such as Thermal Power projects, oil refineries, Textile, painting, chemicals, steel and tourism and highly polluting activities. The MRPL has caused adverse impact on the environment due to callous discharge of both gaseous and liquid effluents. The local residents have perceived a large scale of industrialisation and urbanisation as a major threat to the environment, economy, lifestyle and culture of the region and have been fighting and have taken a firm stand to save Dakshina Kannada from imminent destruction by mobilising themselves as one of the strongest environmental movements in recent times. Reference is made to the Environmental Master Plan study for the integrated management of natural, human and economic resources in Dakshina Kannada District by year 2002, which was done by the DANIDA elucidating in great detail the most appropriate methods suited for the sustainable development of the district. In particular, the Environment Master Plant Study envisages 21 interlinked interventions for the integrated management of natural, human and economic resources in Dakshina Kannada by the year 2002. The State Government spent about Rs. 13 crores on the study. But the Government is only doing lip service to the study and is acting contrary to the interventions suggested by the said report. There are already MRPL and tannery dispersions manufacturing unit of BASF of Germany, a 2 million tonne per annum steel plant and a 1000 MW coal based thermal plant by the Nagarjuna Group, a coal based thermal power plant of MPC Ltd., a port-based integrated steel plant by the Usha Ispat group, a textile manufacturing unit of Grasim and four barge - mounted power generating stations off the coast of Mangalore, Malpe and Mulki and several more medium scale and small scale industries, MRPL and BASF plants are already functioning causing grave damage to the environment and the ecological carrying capacity of the region. After painting a gory picture of the emerging situation, the petitioner set out the direct impacts on the environment of the District due to siting of the MPC- that the EIA process for siting industries in the District are lacking in several fundamental areas of technical verification; that the process of assessment is highly deficient in the absence of defined guidelines and the EIA report is not usually presented in a manner that is easily understandable by a decision-maker; that EIA reports are not totally objective since the EIA studies are usually performed by organisations that report directly to the companies.

75. Respondent 7 has also filed objections to the NEERI report. They question the credentials and doubt the bonafides of NEERI in making the report it has done. In the objections filed by the State of Karnataka that it is on the panel of so many industries on retainership as a Consultancy. The two NEERI teams visited five project sites in founds different States in just six days to examine all the necessary aspects relating to environmental clearance grant. It was humanly impossible to make an indepth objective study on five big projects spread over four States in six days time. It is pointed out that the NEERI observation that it involves restructuring of the economy on ecological principles may sound well but is devoid of ground realities. In a country like India where majority of Indians live in utter poverty and degradation, no effort could be spared by the State to provide them with basic needs like, food, clothing and shelter and environment is meant for man and man is not meant for environment and therefore, ecological balance has to be viewed as a means to the end and not an end in itself and by itself. It is contended that NTPC was given clearance to establish 2420 MW thermal power station and not 420 MW thermal power plant. The reasons for site selection are set out which are adverted to by us earlier. It is contended that the distance of the plant boundary is 300 mts from Mulki estuary is based on a lack of understanding and a proper reading of the CRZ notification of 1994. The approval letter dated 27.9.1996 of the Coastal Zone Master Plan of Karnataka wherein it has been clearly stated that the creeks of river and backwaters will be 100 mts. where the width of Creek, river or backwater is less than 350 mts and will be 150 mts where the width of the river, creek or back water is 350 mts or more. It is significant that the maximum distance that a CRZ adjacent to a river, creek or backwater can extend to 150 mts and therefore, the statement in the report is not valid and has been casually made without application of mind to the fact. In regard to the statement about the distance from the creek as 300 mts is also not correct and the map of Mangalore, Taluk clearly indicates the distance of the periphery of the crest boundary as 400 mts and not 300 mts. On the point as to increasing acidity of the soil affecting regeneration of the forest region, it is stated that if it, vague statement without any basis. It is pointed out that the Western Ghats are about 40 kms from the project site. Dakshina Kannada District is a vast area with a length of 177 kms and width of 80 kms. Wild life sanctuaries referred to in the report are no whore near the project site and that they are at the other end of the District territory. It is contended that the geology of the region is dominated by granitic genesis and KSPCB has insisted upon MPC to provide with impervious liners in the ash and coal storage area so as to prevent leaching and seeping of water so as to avoid ground water contamination There is no proper application of mind by the NEERI to the 26 conditions imposed by the Government of Karnataka to provide adequate safeguards during the implementation of the project arid during its operations. The factors referred to in the NEERI report regarding ecological sensitivity of the region would be applicable to any place along the coastline and nothing has been emerged from the report to indicate any special features of the project site nor any scientific data or information is set out to highlight the ecological sensitivity of the project site. KSPCB has made an indepth study of the matter before according conditional clearance to the project on 1.6.1996 on an elaborate spot inspection and appraisal by the Technical Advisory Committee consisting of eminent personalities in the environment field and allied fields participated to grant clearance which consisted of Prof. Hallappa Gowda, Head of the Department of Civil & Environmental Engineering, Mysore University, Prof. A.K. Lahari, Metallurgist of International repute and Prof. Kasturi of Indian Institute of Science. As to lack of public hearing, it is pointed out that the wishes and apprehensions of the people were noted and consequently very stringent pollution control measures have been stipulated. For a thermal power plant of 1000 MW insistence upon providing FGD is first of its kind in the country and that condition was imposed in spite of the exhorbitant cost implications that the project has to bear. The Government has acceded to the suggestion to constitute the village level advisory committee consisting of Panchayat leaders, local people and representatives in the Government and the project. These committees are engaged in several exercises at alleviating the fear of the local residents as to the rehabilitation and also providing appropriate environmental safeguards. It is pointed out that the NEERI report is misleading in its appraisal of the REIA inasmuch as it is only in respect of the main plant facilities of ancilliary stages as transportation of the coal, construction of letty are separate activities in themselves and they need to be appraised on their own. MPC has proposed to bring coal from existing New Mangalore Port which has all clearance for the movement of coal and is also considering the option of constructing a captive port near their plant at Nandikur provided it is techno-economical and environmentally feasible. That project calls for a separate EIA study and the same will be appropriately studied and decided at an appropriate time. NEERI's views on stocking coal for monsoons suffers from the basic knowledge of local conditions that no marine and freight activities takes place during the four months of the monsoon and shipping activities go on uninterrupted throughout the year including the monsoon. The Western Ghats are 40 kms away from the project site and air quality modelling exercise has been carried by MPC to ascertain ground level concentration due to the power proposed project shows that the ambient air concentration of Sulphurdioxide and NOx are well below the prescribed standards for rural and mixed land area. In addition, establishment of FGD plant will also ensure that air pollution is much below the prescribed standards. The conclusion in the NERI report that SO2 and NOx concentration will exceed the stipulated standard of CBPC for residential and rural areas considering the existing and proposed major industrial plants in Mangalore is totally unfounded and without any basis. The industries coming up in Mangalore are nearly 30 kms away from the power station. The report is more prophetic in nature than conclusions based on scientific data. It is also pointed out that the Jetty or Wharp has to be constructed in the sea and not on the Mulki estuary again the NEERI report proceeds on wrong premises and as a jetty or wharp operation will not affect fishery potential and the apprehension expressed therein are totally unfounded. Government of Karnataka has prepared resettlement and rehabilitation package in consultation with the local leaders, representatives of displaced families, social workers and district officials. NEERI is allegedly engaged in some kind of political rhetoric and therefore sovereign rights are spoken of. It is made clear that all consequences of the pollution of the Dakshina Kannada District including those of environment, social and others are taken into confidence. As regards the carrying capacity study it is now proposed by KSPCB that instead of leaving the data collection by proposed industries, they will develop their own data base on a continuous basis so that they can cross check the authenticity of data given by industries. In addition to this, over a period of time proper compilation of data can be made which can be used by them for getting a better understanding of the cumulative and individual emissions of a particular area or plant. The carrying capacity study would be a long term one and they will be useful for the optimum utilisation of the natural resources besides for sustainable development. But pending such study and report, project cannot be kept pending or put off for consideration and such study would be relevant for areas which are heavily industrialised. It is pointed out that NEERI is a consultant to a oil refinery which has come up in Mangalore and in relation to the said oil refinery - MRPL, NEERI had been content with preparing a REIA report for this project without any mention of the issue brought out by it in the case of MPC. NEERI has made presentations to KSPCB and MoEF justifying that MRPL be granted NOC from environmental angle only for the increase of their refinery plant capacity from 3 MTPA to 9 MTPA and now the same NEERI is now sitting as a judge in regard to the location of MPCL project by pointing out several lacunae. It is submitted that the NEERI report on NOC given to MPCL by KSPCB and MoEF is biased and motivated as it is appearing as a consultant for various industries in respect of whom they have to defend and obtain NOC for their projects.

Further, it is to be pointed out that NEERI is the consultant for MRPL, Mangalore, for preparation of EIA for its expansion from 3 MTPA to 9 MTPA.
As a consultant to MRPL, NEERI was content in submitting only a REIA report for such a mega project and did not make a mention about the need for carrying capacity study before clearance. While carrying capacity concept is a step towards sustainable development, impact assessment of developmental activities forms the basis for such studies. Pollution Control Board while according NOC ascertains, by and large, the cumulative impact of various developmental projects in the region with a view to ensure pollution load within the prescribed limit. Carrying Capacity studies would basically be required in the areas which have reached critical levels and further expansion, therefore, should be very cautiously undertaken."