**"Report of the Western Ghats Ecology Expert Panel - Part I - 11. Existing ESZs: Lessons Learnt :-" 2. Continued
Opinion
22/09/2018
1412.
*11. 2 Existing ESZs: Lessons Learnt :-
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*Box 7: Dahanu Taluka Environment Protection Authority :-
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The Hon. Supreme Court in disposing of the Writ Petition No. 231 of 1994, ordered as under :-
"that continuous monitoring at the level of the State Government and also by some independent Statutory Authority is necessary to protect the ecologically fragile Dahanu Taluka. The State Government is under an obligation to implement Town / Regional Plan as approved by Government of India subject to the conditions imposed in official memorandum dated 6th March, 1996, by Govt. of India, and directed the State of Maharashtra to execute the said Plan, subject to conditions and also two notifications issued by Government of India, Dated 19-2-1991 (CRZ Notification) and Notification Dated 20-6-1991 pertaining to Dahanu area. The State Government shall also take into consideration and implement all the Recommendations of NEERI, as reproduced in the said Judgment."
The said Writ Petition is transferred to the Bombay High Court to monitor is still pending. The Writ Petition No. is 981/1998.
Also the Hon. Supreme Court directed the Central Government to constitute an Authority under Section 3(3) of the Environment (Protection), Act, 1986 and also confer on the said Authority all the powers necessary to protect the ecologically fragile Dahanu Taluka and to control pollution in the said Area. The Authority shall be headed by a Retired High Court Judge and it may have other Members with expertise in the field of Hydrology, Oceanography, Terrestrial and Aquatic Ecology, Environment Engineering, Developmental and Environment Planning and Information Technology, to be appointed by Central Government. The Central Government shall confer on the said Authority all the powers to issue directions under Section 5 and for taking measures with respect to the matters referred to in Clauses (v), (vi), (vii), (viii), (ix), (x) and (xii) of Sub Section (2) of Section 3 of the Environment (Protection) Act, 1986.
Accordingly, the Ministry of Environment and Forests, New Delhi, vide Notification bearing No,.S.O.884 (E), dated 19-12-1996 has constituted the Authority called as ‚Dahanu Taluka Environment Protection Authority?.
Initially the DTEPA was constituted for the period of one year vide Notification dated 19-12-1996 up to 18th Dec. 1997 and thereafter the Ministry started granting extensions piecemeal, first for the period of two months, for the period of three months, thereafter for the period of six months. The Ministry was requested to make this Authority of permanent nature for discharging efficiently the monitoring function of the Authority. However, the Ministry granted extensions for the period of six months from Nov–Dec1999 onwards. Thereafter, an application was filed before the Supreme court bearing No. I.A.Nos. 2 & 3 in Writ Petition No. (Civil) No.231/1994, by the Ministry, and Supreme Court vide Order dated 09/09/2002 extended the period of this Authority ‚until further Orders? of the Supreme Court and the Ministry issued Notification No.S.O.1211(E), dated 18th Nov. 2002, granting extension ‚Until further orders?.
It may be noted that the authority has one member representing civil society, an NGO representative. This position has been vacant for the last 16 months.
*Special features of the Authority :-
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*The Meetings of the Authority are open meetings and the discussions on the questions take place in the presence of the citizens of the area, activists, as well as the Officers of the concerned Government Departments and of the Project Agencies. All the complaints received by the DTEPA are considered and discussed in the meeting itself, after hearing all sides with the people from the area being present. This is a ‘Public Consultation’ in the true sense. The decisions are taken in the presence of all and their implementation is also followed regularly. So far all the decisions are unanimous. About 70 to 100 local people attend the Meetings of DTEPA and their problems/complaints are resolved regularly by the Authority.
*A unique criterion laid down by the Authority is the Social Cost of the Project. The Officers in-charge of the Projects are directed to compensate the people of the area, who are likely to be affected, by providing some social amenities, such as Samaj Mandir, Cement Bandharas, Bus Stand Sheds, Gymnasium, Cemetery, Bore wells, Mobile Van for Kasa Hospital, Trauma Centres, Soil Erosion Bunds etc. The Authority is happy to report that the project owners, as well as the general public co-operates in the development of such social amenities.
*The Right to Good Environment is treated as part and parcel of Article 21 of the Constitution i.e. Right to Life. Therefore, care is being taken of the people living in the vicinity. In order to judge the effect of emission from the Thermal Power Plant and other industries on the environment or ecology, even physical health check up surveys are taken by the authorities concerned and in this the project owners as well as social clubs and the public of the area helped the DTEPA. In this process the Authority carried out health surveys and has conducted medical examinations /check ups of the women and the children of the area, as well as the persons employed in the Buffer and Balloon Industries etc. Therefore, the ecology and the environment, whose well being is the right of the people, guaranteed under section 51 of the Constitution of India, is protected by doing such surveys, so that remedies can be determined, which can then be implemented.
*This Authority adopted the new concepts of ‚Pre-afforestation? and ‚Pre-habilitation? keeping in view the said Right to Protection of Life. Government agencies always say that the lands for this purpose are already earmarked; then it is better to follow this principle, because compensatory afforestation and rehabilitation is absolutely necessary.
*The doctrine of Public Trust as laid down by the Father of the Nation, is now accepted by the Supreme Court of United States of America, as well as the Supreme Court of India. Meaning thereby, that the State or the Government is a Trustee and not the owner of the National Resources. Therefore, it is the duty of the State to use the same for the Public Good. The expression used is, ‚to reallocate the resources for public use, rather than self interest of private parties?.
*The Supreme Court vide Order dated 31st October, 1996 did not dispose of the Writ Petition, but transferred it to the Bombay High Court and directed it ‚to monitor the whole matter?, and to deal with the polluting and obnoxious industries, operating in Dahanu Taluka, in accordance with the Law, keeping in view the Town/Regional Plan, Government of India Notifications and the NEERI Report. Because of this, it was easy for this Authority to deal with the problems. Unfortunately, the power plant is practically in the sea and it uses coal. Therefore, installation of an FGD plant was absolutely necessary. Another problem is of fly ash, which requires serious consideration..The plant is under vigilance of the Authority and 70% fly ash is utilized, according to the RIL report. The mechanism of dealing with the balance fly ash is still under discussion.
To be continued ..
JAIHIND
VANDEMATHARAM
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