Air pollution, Polluter Pays, Forests, Precaution, Permits, Standing, Licences, Administrative, Evidence, Jurisdiction
The petition was directed against the order of the Dahanu Taluka Environmental Protection Authority (DTEPA),an authority under the Environmental (Protection) Act,1986, requiring the petitioner, the BSES Limited which has a thermal power station at Dahanu, to install a Flue Gas Desulphurisation (FGD) Plant. The installation was essential to control the level of pollution as a result of the functioning of the thermal power plant. The Court refused to go into the merits of the order of the DTEPA since according to the Court these are highly technical matters on which the courts cannot express its opinion. The Court relied on the decision taken in the BEAG case (AIR 1991 Bombay 301) wherein it stated that " matters..... involving diverse pros and cons, technical and other wise, the courts should be extremely slow to interfere unless inevitable". Further the Court stated that since the petitioners themselves have set up the thermal power plant with a clear understanding that they would set up FGD Plant, the mere fact that another view is possible, inasmuch as presently there is no imminent threat to the environment, is no ground for interfering with the order of the DTEPA. The Court stated that the setting up of the FGD Plant is a preventive measure and the petitioner cannot insist that the setting up of the FGD Plant must be insisted on only after it is established that the emission from the thermal power plant have adversely affected the environment of the Dahanu region.