Refusing to interfere with the policy decision of the government, the Madras high court on Friday said it is not for the court to substitute its own view, taking note of the fact that the electricity requirement in India is of utmost importance as it lags behind in electricity production due to failure of windmill and coal energy.
Also, the HC said the government, as a matter of policy, has taken a decision based on compliance of various safety regulations for implementing the nuclear energy project for useful purposes.
“Interference by the court in policy decisions of basic importance and public importance for the benefit of the public is opposed to the public interest itself”, said a division bench comprising Justices P. Jyothimani and M. Duraiswamy while dismissing a batch of petitions against commissioning of Koodankulam Nuclear Power Project.
The bench said, “We have no hesitation to hold that there is no change in the agreements entered into with the USSR in 1988 and with Russia in 1998 and it cannot be said that the project started pursuant to the agreement made in 1988 should be treated as abandoned and the project has to be treated as a new project by subsequent agreement in 1998 so as to enable the fresh undergoing of the process of clearances.”
When experts in the field have given concrete opinion more than once regarding KKNPP’s safety, it was not for this court to substitute its own view simply because there was a fear after the Fukushima accident.
Simply because there was a remote possibility of happening of an event, it does not mean that the very project becomes useless.
Moreover, Fukushima was situated within 130km of the core tsunami area whereas KKNPP is 1,500km away from epicentre.
Fukushima had a much older design and KKNPP is situated in the highest grade elevation, the bench added.
The bench said, “The project has come to a major shape after spending enormous amount from and out of the exchequer making a thorough study about the entire aspect.
In such a situation, in our considered view, public hearing at the most be for the purpose of rectification of possible defects and not for the purpose of abandonment of the project.
“A thorough reading of the entire regulations shows the constant surveillance and involvement of the AERB at each and every stage, not only up to the date of commissioning of the reactor, but also during the time when the reactor continues to function.
Adequate and sufficient safeguards were available and the apprehension of some section of people over the fact that the commissioning of the plant was opposed to public safety, in our considered view, was unfounded.”
Get cracking on welfare aid to residents: HC
Giving nod for the commissioning of the KKNPP, the Madras high court on Friday suggested the state government to provide various welfare measures to the people of the area.
A division bench comprising Justices P.Jyothimani and M.Duraiswamy said, “As suggested by the former president Dr A. P. J. Abdul Kalam, we also propose to the TN government to establish a multi-specialty hospital with all facilities in the area, apart from establishing various schools with CBSE as well as state government syllabus with hostel facilities to ensure imparting best education to the children of the area.”
The state government may also provide adequate infrastructure facilities to enable the fishermen in the area to have their mechanized boats and other jetties repaired in and around Koodankulam and necessary financial assistance may also be provided.
Cold storage facilities may be provided to store fish and employment schemes may be floated. It was for the state government to take necessary steps in this regard, the bench added.
The bench said, “We are happy to note that the state government has also allotted Rs 12 crore for upgrading Koodankulam and Chettikulam primary health centers into a government hospital and open a new PHC at Uvari as a part of Rs 500 crore package announced by the CM.
It was also stated out of the package, the government planned to construct 10,000 houses at an unit cost of Rs 3 lakh per house with plinth area of 300 sq.ft.
While appreciating the gesture shown by the state government, we only request the government to take effective steps which may create a peaceful atmosphere in the area for the betterment of the entire country as a whole.”
PMANE to challenge Madras HC order in Supreme Court
The anti-KKNPP movement — PMANE – has decided to go on appeal in the Supreme Court against the Madras high court’s order in favour of the Koodankulam nuclear power project (KKNPP).
Terming the high court order in all the nine cases filed by individual activists and organisations against KKNPP as “most unfortunate and anti-people”, PMANE leader S.P. Udayakumar said they would move the Supreme Court within a week to get an injunction against the high court order.
“However, we are not fully dependent upon legal proceedings alone,” he said, explaining that PMANE planned to launch statewide campaign against KKNPP.
PMANE had confined its agitation to Idinthakarai for several months fearing police action in 256 cases, including sedition charges.
But now Mr Udayakumar and his aides said they would come out to agitate. “If the government arrests us, we will bravely accept it leaving the responsibility of continuing the campaign to our people,” said Mr Udayakumar.
The HC order brought a cheer among officials of KKNPP, who rejoiced that “truth ultimately triumphed”. KKNPP site director R.S. Sundar said the impediment to fuel-loading has been removed.
He added that the preparatory work for initial fuel-loading at the first unit of KKNPP is on but refused to disclose the time-frame for completing it.
A senior engineer told DC on condition of anonymity that it might take another four months for the power plant to attain commercial power generation as AERB has to approve every step of attaining criticality.
Youth Congress cadres celebrated the high court verdict by distributing sweets to passersby in front of the Kamaraj statue near Tirunelveli railway junction.