M.Nizamuddin v. M/S Chemplast Sanmar Ltd.& Ors
M/s. Chemplast Sanmar Limited proposed to set up a project for manufacturing Poly-Vinyl Chloride (PVC) at Semmankuppam village, (Tamil Nadu). An Environmental Impact Assessment Report (EIA) as well as Risk Analysis Report (RA) for the proposed PVC project was obtained by Chemplast and, then, they made to the concerned authorities for setting up the said project. One of the raw-materials for manufacturing PVC is Vinyl Chloride Monomer (VCM). VCM is not available indigenously and Chemplast planned to import the said raw- material for their plant use from international suppliers. Chemplast in their proposal also proposed to install a Marine Terminal Facility (for short, `MTF’) near the seashore at Chitrapettai Village for receiving and transferring VCM from the ships to the PVC plant through underground pipeline. This construction will be harmonious which permits the activity of laying pipelines in the CRZ area. As a matter of fact, the MOEF in their affidavit before this Court have clearly stated that the permission granted to Chemplast on 19th December, 2005. By way of footnote, we may observe that the project has been established by investing huge amount of about Rs. 600 crores and has already been commissioned after obtaining necessary approvals and, therefore, it shall not be in the interest of justice nor in the public interest now to interfere with the project. The alternative solution suggested by Dr. Rajeev Dhavan for carrying VCM across Uppanar river to the plant is noted to be rejected. In the result, Civil Appeal and Writ Petition (Civil) are disposed. Transfer Petitions and I.A. No. 7 stand disposed of. I.A. No. 4 filed by the appellant M. Nizamudeen for initiating proceedings for perjury against the MOEF is dismissed. The parties shall bear their own cost.