Chennai: Three retired judges have written to concerned authorities for a smooth and lawful conduct of the public hearing of the expansion of the Ennore Thermal Power Station.
The three judges - Justice S. Muralidhar (Retd), Chief Justice, Odisha High Court, Justice K. Kannan (Retd), Punjab and Haryana High Court and Justice D. Hariparanthaman (Retd), Madras High Court - have penned a letter to Chennai District Collector Rashmi Siddharth Zagade, Kannan, Member Secretary of Tamil Nadu Pollution Control Board, R. Sundar (Scientist E), Member Secretary, Expert Appraisal Committee (Thermal Power Projects), Ministry of Environment, Forests and Climate Change, Dr. P. Senthil Kumar, Environment & Forest Department, Principal Secretary to Government of Tamil Nadu.
The judges urged the authorities that the highly environmentally discriminatory project is not permitted in Ennore or north Chennai.
The three retired judges in their letter wrote, "A public hearing has been announced for a 1x660MW coal-based Ennore Thermal Power Station (Expansion) project on 20 December 2024. The announcement of a highly polluting coal-based project in Ennore is disagreeable for a number of reasons, a few of which we outline below."
The three retired judges further wrote, "Ennore is already heavily polluted. The air breathed by the predominantly working-class population in north Chennai is significantly more toxic than the air in the wealthier parts of Chennai. Studies submitted to the National Green Tribunal establish this fact and highlight that children are already being harmed as they are exposed to 4000 times higher risk of contracting cancer in their lifetimes than normal populations."
"The continued targeting of Ennore with more and more pollution strengthens allegations being aired in public that this is a clear case of environmental discrimination," the three retired judges contended.
According to the retired judges, in December 2023, a toxic ammonia gas leak traumatised the residents of Ennore and sent more than 50 people to the hospital.
"We visited Ennore a month after the incident to hear from local people, particularly women. They complained not only of the fear of such disastrous episodes but also of routine pollution. One woman said that Ennore was like an island surrounded by polluting industries. The ammonia leak exposed the folly of locating a toxic, hazardous industry in the midst of densely populated residential areas. The current proposal to locate a 660MW coal-burning project in Ernavur, cheek-byjowl with dense residential areas is an invitation to disaster. Worse, the government appears to prevailed on the Chennai Metropolitan Development Authority to reclassify a plot adjacent to the proposed thermal plant site from 'Special Industries and Hazardous Use' zone to a primary residential zone to clear the way for the construction of 6,877 flats for slum residents that stand to be evicted from their homes in the city as part of infrastructure, beautification or ironically environmental improvement projects," they contended.
According to the three retired judges, they were writing to the concerned authorities because "despite the project’s unsuitability, it has progressed this far.
"We are anxious that the public hearing – if held – is conducted lawfully," they said.
"Our concerns are not without basis. In February 2023, a public hearing was held for the Pen Memorial project by the Chennai District Collector and the Member Secretary, Tamil Nadu Pollution Control Board. We were distressed to learn that many of those that came to convey their views on the project were prevented from speaking from the dais and were asked to make written submissions in view of the vitiated atmosphere by certain people who were vehemently in favour of the project," they further contended.
The former judges further said, "The Environmental Impact Assessment Notification, 2006, which governs the conduct of statutory public hearings such as the one held for the Pen Memorial and the one proposed for ETPS does not grant any discretionary powers to the Collector or Member Secretary to bar any person from airing her/his views on the dais or to ask them to submit it in writing. All views, for and against, should be entertained and a fear-free atmosphere must be guaranteed for peacable expression of people’s concerns and aspirations," the judges said.
According to the retired Judges, the District Collector is empowered and required to ensure such a peacable atmosphere, and nothing more.
"We have two requests to you: Do what is in your power to ensure that this highly environmentally discriminatory project is not permitted in Ennore or north Chennai, which is
already suffering a disproportionate burden of pollution. Ensure that all persons that wish to speak and express themselves are given an opportunity to do so from the dais. The Public Hearing is for the public and is the only opportunity that the public gets to influence the course of development. We are hopeful that you will carry out your duties with all sincerity," they concluded.
