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(xv) Apart from these constitutional mandates under Articles 14, 21 of the fundamental rights, 47, 48A of the directive principles of State Policy and 51A(g) of the Fundamental Duty, to protect and improve the environment there are plenty of post-independence legislations on the subject but more relevant enactments for our purpose are: the Water (Prevention and Control of Pollution) Act, 1974 (the Water Act), the Air (Prevention and Control of Pollution) Act, 1981 (the Air Act) and the Environment (Protection) Act, 1986 (the Environment Act). The Water Act provides for the constitution of the Central Pollution Control Board by the Central Government and the constitution of the State Pollution Control Boards by various State Governments in the country. The Boards function under the control of the Governments concerned. The Water Act prohibits the use of streams and wells for disposal of polluting matters. It also provides for restrictions on outlets and discharge of effluents without obtaining consent from the Board. Prosecution and penalties have been provided which include sentence of imprisonment. The Air Act provides that the Central Pollution Control Board and the State Pollution Control Boards constituted under the Water Act shall also perform the powers and functions under the Air Act. The main function of the Boards, under the Air Act, is to improve the quality of the air and to prevent, control and abate air pollution in the country.

7.8.1. The Environment (Protection) Act 1986 (The Environment Act), was also enacted for environmental protection, regulation of discharge of environmental pollutants and handling of hazardous substances speedy response in the event of accidents threatening environment and deterrent punishment to those who endanger human environment, safety and health.

7.8.2. By exercising the power conferred under Sections 6 and 25 of the Environment (Protection) Act, 1986, the Environment (Protection) Rules, 1986 (The Environment Rules) were made by the Central Government.

7.8.3. Section 3 of the Environment Act and Rule 5 of the Environment Rules, empower the Central Government to declare the coastal stretches as Coastal Regulation Zone (for brevity, "CRZ").

7.8.4. By exercising the said power, the Central Government by notification No.S.O.114(E), dated 19.2.1991, declared the CRZs, for regulating activities in the CRZs. Accordingly, the Central Government declared that the impugned area falls under CRZ-III.

7.8.5. As per the notification dated 19.2.1991 read with Annexure I, the following prohibitions are imposed with respect to CRZ-III:

14.1. We are therefore convinced that the objection to the proposed Petrochemical Park does not stand to the test of logic, rational approach, eco-environmental realities, socio-economic development, well-settled legal principles and is opposed to the concept of "Sustainable Development" as well as to the progress and prosperity of the nation.

14.2. For all these reasons, we are of the considered opinion that the Government, by exercising the power conferred under the Environment Act, shall take note of the findings and recommendations of the NEERI while issuing the environmental clearance for each and every activity proposed to be undertaken by the respondents to set up the Petrochemical Park, before commencing the activities. The conditions and directions of the environmental clearance to be issued by the Ministry of Environment and Forests, Government of India under the provisions of the Environment Act, shall scrupulously be adhered to, besides observing the conditions applicable for any such activities in CRZ-III, as notified by the Central Government. As suggested by NEERI, a separate environmental management cell shall be set up for smooth performance and monitoring of the environmental protection equipment/measures.