IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.11.2011 CORAM: THE HONOUiRABLE MR.JUSTICE ELIPE DHARMA RAO AND THE HONOURABLE MR.JUSTICE R.SUBBIAH Review Application No.111 of 2011 with M.P.Nos.1,2 & 3/2011 therein; Review Application No.112 of 2011 with M.P.Nos.1 & 2/2011 therein; Review Application No.113 of 2011 with M.P.Nos.1 & 2/2011 therein; Review Application No.114 of 2011 with M.P.Nos.1 to 4/2011 therein; Review Application No.140 of 2011 with M.P.No.1/2011 therein; Review Application No.141 of 2011 with M.P.Nos.1 to 4/2011 therein; Review Application No.142 of 2011 with M.P.No.1/2011 therein; WPMP.No.577 of 2011 in W.P.No.11747 of 2002; WPMP.No.578 of 2011 in W.P.No.37081 of 2002 and M.P.No.1 of 2011 in W.P.No.7444 of 2009 Review Application No.111 of 2011: The Chairman, Chennai Port Trust, Chennai. ... Petitioner Vs. 1.Avoor Muthiah Maistry Street Resident Welfare Association, 64/7, Avoor Muthaiah Street, Chennai-81, rep.by its President SMK Swamy 2.The Government of Tamil Nadu, rep.by the Chief Secretary to Government, Fort St.George, Madras-9. 3.The Director, Pollution Control Board, Guindy, Chennai. ... Respondents M.P.No.2 of 2011 in Rev.A.No.111/2011: M/s.United Stevedores, rep.by its Partner Mr.R.V.Umashankar, No.15, Second Line Beach, Chennai-600001. ... Petitioner/3rd Party Vs. 1.The Chairman, Chennai Port Trust, Chennai 2.Avoor Muthiah Maistry Street Residents Welfare Association, 64/7, Avoor Muthia Street, Chennai-81, rep.by its President Mr.S.M.K.Swamy 3.Government of Tamil Nadu, rep.by the Chief Secretary to the Government, Fort St.George, Chennai-600009. 4.The Director, Pollution Control Board, Guindy, Chennai. ... Respondents M.P.No.3 of 2011 in Rev.Appl.No.111/2011: Bhoruka Steel & Services Ltd., rep.by its Chief Operating Officer, No.308, Old No.179, III Floor, Thambu Chetty Street, Chennai-600001. ... Petitioner/3rd Party Vs. 1.The Chairman, Chennai Port Trust, Chennai 2.Avoor Muthiah Maistry Street Residents Welfare Association, 64/7, Avoor Muthia Street, Chennai-81, rep.by its President Mr.S.M.K.Swamy 3.Government of Tamil Nadu, rep.by the Chief Secretary to the Government, Fort St.George, Chennai-600009. 4.The Director, Pollution Control Board, Guindy, Chennai. ... Respondents * * * Review Application No.111 of 2011 has been filed under Order 47 Rule 1 r/w.Section 114 of C.P.C., as against the common order dated 11.5.2011 passed by this Court in W.P.No.11747 of 2002. M.P.Nos.2 and 3 of 2011 have been filed under Article 226 of the Constitution of India, praying to implead the petitioner-companies as party respondents in Rev.A.No.111 of 2011. * * * Appearance in Rev.A.No.111/2011 and M.Ps.2&3/2011: For petitioner in Review Appl. & for R.1 in M.Ps. : Mr.P.Wilson, Sr.Counsel for M/s.P.Wilson Associates For petitioners in M.Ps.2 & 3/2011 :Mr.S.R.Rajagopal For R.1 in Review Appl. & for R.2 in M.Ps. : Not ready in notice For R.2 in Review Appl. & for R.3 in M.Ps. : Mr.E.Sampath Kumar, Spl.G.P. For R.3 in Review Appl. & for R.4 in M.Ps. : Mrs.Rita Chandrasekar * * * Review Application No.112 of 2011: The Chairman, Chennai Port Trust, Chennai-600001. ... Petitioner Vs. 1.Madras High Court Practising Advocates Association, President Elephant G.Rajendran, Advocate, No.51/24, South Usman Road, T.Nagar, Chennai-600017. 2.The Chairman, Pollution Control Board, Guindy, Chennai. 3.The Director, Archaeological Department, Egmore, Chennai-600008. 4.The Director of Medical Services, Teynampet, Chennai-600018. 5.Union of India, represented by its Secretary, Shipping and Transports, New Delhi. 6.Ennor Port Trust Limited, rep.by its Chairman and Managing Director, No.23, Rajaji Salai, Chennai-600004. 7.Union of India, rep.by its Secretary, Ministry of Commerce and Industry, New Delhi. ... Respondents * * * Review Application No.112 of 2011 has been filed under Order 47 Rule 1 r/w.Section 114 of C.P.C., as against the common order dated 11.5.2011 passed by this Court in W.P.No.7444 of 2009. * * * Appearance in Rev.A.No.112/2011: For petitioner : Mr.P.Wilson, Sr.Counsel for M/s.P.Wilson Associates For R.1 : Mr.Elephant G.Rajendran For R.2 : Mrs.Rita Chandrasekar For R.3 & R.4 : Mr.E.Sampath Kumar, Spl.G.P. For R.5 & R.7 : Mr.M.Ravindran, Addl.Solicitor General of India, assisted by Mr.S.Kesavan, SCGC For R.6 : Mr.Krishna Ravindran * * * Review Application No.113 of 2011: The Chairman, Chennai Port Trust, Chennai-600001. ... Petitioner Vs. 1.Royapuram Residents Welfare Association, No.41, Mariadoss Street, Royapuram, Chennai-13. 2.Tamil Nadu State Pollution Control Board, No.76, Anna Salai, Guindy, rep.by its Chairman, Chennai-600032. 3.The Central Pollution Control Board, Parivesh Bhavan, CBD cum Off complex, East Arjun Nagar, rep.by its Chairman, New Delhi. 4.Minerals and Metals Trading Corporation Ltd. (MMTC), rep.by its Managing Director, Core I, SCOPE Complex, 7 Institutional Area, Lodhi Road, New Delhi-110003. 5.MMTC Limited, 'Chennai House', 6, Esplanade, Chennai-600108. 6.M/s.National Mineral Development Corporation, Khanji Bhavan, 10-3-311/A, Castle Hills, Masab Tank, Hyderabad-500028. 7.MSPL Ltd., Co-operative Colony, Hospet-583203. 8.Bellary Iron Ores Pvt.Ltd., 60/356-A, Hospet Road, Allipur, Bellary-583105. 9.M/s.Sesa Goa Ltd., 'SESA GHOR', 20, EDC Complex, Patto, Panjim, Goa-403001. 10.Tungabhadra Special Products, Division of Tungabhadra Minerals Private Limited, Salgaocar chambers, P.O.box No.114, Margao, Goa-403601. 11.Hothur Traders, 'Hothur Towers', No.153, Amar Jyothi Layout, Ring Road, Domlur, Bangalore-560071. ... Respondents * * * Review Application No.113 of 2011 has been filed under Order 47 Rule 1 r/w.Section 114 of CPC as against the common order dated 11.5.2011 passed by this Court in W.P.No.41163 of 2002. * * * Appearance in Rev.A.No.113/2011 For petitioner : Mr.P.Wilson, Sr.Counsel for M/s.P.Wilson Associates For R1, R4, R6 to R.8 & R.10 : Not ready in notice For R.2 : Mrs.Rita Chandrasekaran For R.3 : Mr.M.Ravindran, Addl.Solicitor General of India, assisted by Mr.S.Kesavan, SCGC For R.5, & R.9 : No appearance For R.11 : M/s.Vichar Partners * * * Review Application No.114 of 2011: The Chairman, Chennai Port Trust, Chennai-600001. ... Petitioner Vs. 1.The Registrar (Administration) High Court, Madras. 2.The State of Tamil Nadu, rep.by Secretary to Government, Department of Environment and Forest, Fort St.George, Chennai-600009. 3.The Chairperson, Tamil Nadu Pollution Control Board, 76, Anna Salai, Guindy, Chennai-32. 4.The District Environmental Engineer, Tamilnadu Pollution Control Board, Chennai District, Panagal Maligai, First Floor 'D' Wing, No.1, Jennis Road, Saidapet, Chennai-600015. 5.The Member Secretary, Tamil Nadu Electricity Board, Anna Salai, Chennai-600002. 6.M/s.T.C.P.Limited, T.C.P.Sapthagiri Bhavan, No.10, Karpagambal Nagar, Mylapore, Chennai-4. 7.M/s.South India Corporation Limited, "Rani Seethai Hall", 6th Floor, No.603, Anna Salai, Chennai-6. 8.M/s.Seaport Logistics Limited, No.42, Moores Street, II floor, Chennai-1. ... Respondents M.P.No.3 of 2011 in Rev.A.No.114/2011: Madras Harbour Lorry Owners' Association, represented by its Secretary and Authorised Signatory R.Rajendran, having office at No.22/1, 2nd Line Beach, Taj Towers, Chennai-600001. ... Petitioner/3rd party Vs. 1.The Chairman, Chennai Port Trust, Chennai. 2.The Registrar (Administration), Highs Court, Madras. 3.The State of Tamil Nadu, represented by its Secretary to Government, Department of Environment & Forest, Fort St.George, Chennai-600009. 4.The Chairperson, Tamil Nadu Pollution Control Board, 76, Anna Salai, Guindy, Chennai-600032. 5.The District Environment Engineer, Tamil Nadu Pollution Control Board, Chennai District, Panagal Maligai, 1st Floor 'B' Wing, No.1, Jennis Road, Saidapet, Chennai-600015. 6.The Member Secretary, Tamil Nadu Electricity Board, Anna Salai, Chennai-600002. 7.M/s.TCP Limited, TCP Sapthagiri Bhavan, No.10, Karpagambal Nagar, Mylapore, Chennai-600004. 8.M/s.South India Corporation Limited, Rani Seethai Hall, 6th Floor, No.603, Anna Salai, Chennai-600006. 9.M/s.Seaport Logistics Limited, No.42, Moore Street, 2nd Floor, Chennai-600001. ... Respondents M.P.No.4 of 2011 in Rev.A.No.114 of 2011: Chennai Harbour Tipper Owners' Association, represented by its Secretary and Authorised Signatory A.Gilbert, having office at No.17, South Madha Church Road, Royapuram, Chennai-600013. ... Petitioner Vs. 1.The Chairman, Chennai Port Trust, Chennai. 2.The Registrar (Administration), Highs Court, Madras. 3.The State of Tamil Nadu, represented by its Secretary to Government, Department of Environment & Forest, Fort St.George, Chennai-600009. 4.The Chairperson, Tamil Nadu Pollution Control Board, 76, Anna Salai, Guindy, Chennai-600032. 5.The District Environment Engineer, Tamil Nadu Pollution Control Board, Chennai District, Panagal Maligai, 1st Floor 'B' Wing, No.1, Jennis Road, Saidapet, Chennai-600015. 6.The Member Secretary, Tamil Nadu Electricity Board, Anna Salai, Chennai-600002. 7.M/s.TCP Limited, TCP Sapthagiri Bhavan, No.10, Karpagambal Nagar, Mylapore, Chennai-600004. 8.M/s.South India Corporation Limited, Rani Seethai Hall, 6th Floor, No.603, Anna Salai, Chennai-600006. 9.M/s.Seaport Logistics Limited, No.42, Moore Street, 2nd Floor, Chennai-600001. ... Respondents * * * Review Application No.114 of 2011 has been filed under Order 47 Rule 1 r/w.Section 114 of CPC, as against the common order dated 11.5.2011 made by this Court in W.P.No.37081 of 2002. M.P.Nos.3 and 4 of 2011 have been filed under Article 226 of the Constitution, praying to implead the petitioners therein as party respondents in the Review Application No.114 of 2011. * * * Appearance in Rev.A.No.114/2011 & M.P.Nos.3 & 4/2011 For petitioner in Rev.A. & for R.1 in M.Ps. : Mr.P.Wilson for M/s.P.Wilson Associates For petitioner in M.Ps.3&4/11:Mr.T.Sudhanraj For R.1 & R.2 in Rev.A., who are R.2 & R.3 in M.Ps. : Mr.E.Sampath Kumar, Spl.G.P. For R.3 & R.4 in Rev.A. who are R.4 & R5 in M.Ps. : Mrs.Rita Chandrasekar For R.5 to R.7 in Rev.A., who are R6 to R8 in M.Ps. : No appearance For R.8 in Rev.A., who is : Mr.Vijay Narayanan, S.C.for R.9 in M.Ps. : Mr.B.Sathish Sundar * * * Review Application No.140/2011: M/s.Seaport Logistics Limited, No.42, Moore Street, 2nd Floor, Chennai-600001, represented by its Director ... Petitioner Vs. 1.The Registrar (Administration), High Court, Madras. 2.The State of Tamil Nadu, represented by its Secretary to Government, Department of Environment & Forest, Fort St.George, Chennai-600009. 3.The Chairperson, Tamil Nadu Pollution Control Board, 76, Anna Salai, Guindy, Chennai-600032. 4.The Chairman, Chennai Port Trust, Chennai. 5.The District Environment Engineer, Tamil nadu Pollution Control Board, Chennai District, Panagal Maligai, 1st Floor, 'B' Wing, No.1, Jennis Road, Saidapet, Chennai-600015. 6.The Member Secretary, Tamil Nadu Electricity Board, Anna Salai, Chennai-600002. 7.M/s.TCP Limited, TCP Sapthagiri Bhavan, No.10, Karpagambal Nagar, Mylapore, Chennai-600004. 8.M/s.South India Corporation Limited, Rani Seethai Hall, 6th Floor, No.603, Anna Salai, Chennai-600006. ... Respondents * * * Review Application No.140 of 2011 has been filed under Order 47 Rule 1 r/w.Section 114 of CPC, as against the common order dated 11.5.2011 made by this Court in W.P.No.37081 of 2002. * * * Appearance in Rev.A.No.140/2011 For petitioner : Mr.Vijay Narayanan, S.C.for Mr.B.Sathish Sundar For R.1 & R.2 : Mr.E.Sampath Kumar, Spl.G.P. For R.3 & R.5 : Mrs.Rita Chandrasekar For R.4 : Mr.P.Wilson, S.C.for M/s.P.Wilson Associates For R6 to R.8 : No appearance * * * Review Application No.141 of 2011: Sical Logistics Limited, rep.by its Company Secretary, South India House, 73, Armenian Street, Chennai-600001. ... Petitioner/3rd party Vs. 1.Avoor Muthiah Maistry Street, Residents Welfare Association, 64/7, Avoor Muthiah Street, Chennai-81, rep.by its President S.M.K.Swamy 2.The Government of Tamil Nadu, rep.by the Chief Secretary to Government, Fort St.George, Madras-9. 3.The Chairman, Chennai Port Trust, Chennai. 4.The Director, Pollution Control Board, Guindy, Chennai. ... Respondents * * * Review Application No.141 of 2011 has been filed under Article 226 of the Constitution of India r/w.Order XLVII Rule 1 of CPC and Section 114 of CPC, as against the common order dated 11.5.2011 made by this Court in W.P.No.11747 of 2002. * * * Appearance in Rev.A.No.141/2011 For petitioner : Mrs.Nalini Chidambaram,S.C.for M/s.C.Uma For R.1 : No appearance For R.2 : Mr.E.Sampath Kumar, Spl.G.P. For R.3 : Mr.P.Wilson, S.C.for M/s.P.Wilson Associates For R.4 : Mrs.Rita Chandrasekar * * * Review Application No.142 of 2011: M/s.Hothur Traders, 'Hothur Towers' No.153, Amarjyothi Layout, Ring Road, Domlur, Bangalore-560071. ... Petitioner Vs. 1.Royapuram Residents Welfare Association, No.41, Mariadoss Street, Royapuram, Chennai-600013, represented by its Vice President. 2.Tamil Nadu State Pollution Control Board, represented by its Chairman, No.76, Anna Salai, Guindy, Chennai-600032. 3.The Central Pollution Control Board, Parivesh Bhavan, CRD cum Off.complex, East Arjun Nagar, New Delhi, represented by its Chairman. 4.Chennai Port Trust, represented by its Chairman, Rajaji salai, Chennai-600 001. 5.Minerals and Metals Trading Corporation Ltd. (MMTC) represented by its Managing Director, Core I, SCOPE Complex, 7 Institutional Area, Lodhi Road, New Delhi-110003. 6.MMTC Limited, 'Chennai House', 6, Esplanade, Chennai-600108. 7.M/s.National Mineral Development Corporation, Khanji Bhavan, 10-3-311/A, Castle Hills, Masab Tank, Hyderabad-500 028. 8.MSPL Ltd., Co-operative Colony, Hospet-583203. 9.Bellary Iron Ore Pvt.Ltd., 60/356-A, Hospet Road, Allipur, Bellary-583105. 10.M/s.Sesa Goa Ltd., 'SESA GHOR', 20, EDC Complex, Patto, Panjim, Goa-403001. 11.Tungabadra Special Products, Division of Tungabhadra Mineral Ltd., Salgaocar chambers, P.O.Box No.114, Margoa, Goa-403601. ... Respondents * * * Review Application No.142 of 2011 has been filed under Order 47 Rule 1 CPC r/w.Section 114 of CPC as against the common order dated 11.5.2011 made by this Court in W.P.No.41163 of 2002. * * * Appearance in Rev.A.No.142/2011: For petitioner : M/s.Vichar Partners For R1 & R5 to R11: No appearance For R.2 : Mrs.Rita Chandrasekar For R.3 : Mr.M.Ravindran, Addl.Solicitor General of India, assisted by Mr.S.Kesavan, SCGC For R.4 : Mr.P.Wilson, S.C.for M/s.P.Wilson Associates * * * WPMP.No.577 of 2011 in W.P.No.11747 of 2002: The Chairman, Chennai Port Trust, Chennai. ... Petitioner Vs. 1.Avoor Muthaiah Maistry Street Residents Welfare Association, 64/7, Avoor Muthaiah Street, by its President SMK Swamy 2.The Government of Tamil Nadu, rep.by the Chief Secretary to Government, Fort St.George, Madras-9. 3.The Director, Pollution Control Board, Guindy, Chennai. ... Respondents * * * Miscellaneous Petition filed under Article 226 of the Constitution of India, praying to grant extension of time for six months for complying the common order dated 11.5.2011 made in W.P.No.11747 of 2002. * * * Appearance in WPMP.No.577/2011 in W.P.No.11747 of 2002: For petitioner : Mr.P.Wilson, S.C.for M/s.P.Wilson Associates For R.1 : No appearance For R.2 : Mr.E.Sampath Kumar, Spl.G.P. For R.3 : Mrs.Rita Chandrasekar * * * WPMP.No.578/2011 in W.P.No.37081/2002: The Chairman, Chennai Port Trust, Chennai-600001. ... Petitioner Vs. 1.The Registrar (Admn), High Court, Madras. 2.The State of Tamil Nadu, rep.by Secretary to Government, Department of Environment and Forest, Fort St.George, Chennai-9. 3.The Chairperson, Tamil Nadu Pollution Control Board, 76, Anna Salai, Guindy, Chennai-32. 4.The District Environment Engineer, Tamil Nadu Pollution Control Board, Chennai District, Panagal Maligai, First Floor 'D' Wing, No.1, Jennis Road, Saidapet, Chennai-600015. 5.The Member Secretary, Tamil Nadu Electricity Board, Electricity Board, Anna Salai, Chennai-600008. 6.M/s.T.C.P.Limited, T.C.P.Sapthagiri Bhawan, No.10, Karpagambal Nagar, Mylapore, Chennai-4. 7.M/s.South India Corporation Ltd., Rani Seethai Hall, 6th Floor, No.603, Anna Salai, Chennai-6. 8.M/s.Seaport Logistics Limited, 42, Moore Street, II Floor, Chennai-1. 9.The Reserve Bank of India, rep.by its Regional Director (Tn), No.16, Fort Glacis, Rajaji Salai, Chennai-1. ... Respondents (Though R.9 was shown as a party respondent in this petition, they are not parties to the main W.P.No.37081/2002, as by the order of the Court dated 26.7.2007 passed in W.P., this respondent was deleted from the array of parties) * * * Miscellaneous Petition filed under Article 226 of the Constitution of India, praying to grant extension of time for six months for complying the common order dated 11.5.2011 made in W.P.No.37081/2002. * * * Appearance in WPMP.No.578/2011 in W.P.No.37081/2002 For petitioner : Mr.P.Wilson, S.C.for M/s.P.Wilson Associates For R.1 & R.2 : Mr.E.Sampath Kumar, Spl.G.P. For R.3 & R.4 : Mrs.Rita Chandrasekar For R.5 to R.7 : No appearance For R.8 : Mr.Vijay Narayanan, S.C.for : Mr.B.Sathish Sundar * * * M.P.No.1/2011 in W.P.No.7444/2009: The Chairman, Chennai Port Trust, Chennai-600001. ... Petitioner Vs. 1.Madras High Court Practicing Advocates Association, rep.by its President, Elephant G.Rajendran, No.51/24, South Usman Road, T.Nagar, Chennai-600017. 2.The Chairman, Pollution Control Board, Guindy, Chennai. 3.The Director, Archaeological Department, Egmore, Chennai. 4.The Director of Medical Services, Teynampet, Chennai-600018. 5.Union of India, Ministry of Shipping, New Delhi. 6.Ennore Port Trust Limited, rep.by its Chairman & Managing Director, No.23, Rajaji Salai, Chennai-600001. 7.Union of India, rep.by its Secretary, Ministry of Commerce and Industry, New Delhi. ... Respondents * * * Miscellaneous Petition filed under Article 226 of the Constitution of India, praying to grant extension of time for six months for complying the common order dated 11.5.2011 made in W.P.No.7444 of 2009. * * * Appearance in M.P.No.1/2011 in W.P.No.7444/2009: For petitioner : Mr.P.Wilson, Sr.Counsel for M/s.P.Wilson Associates For R.1 : Mr.Elephant G.Rajendran For R.2 : Mrs.Rita Chandrasekar For R.3 & R.4 : Mr.E.Sampath Kumar, Spl.G.P. For R.5 & R.7 : Mr.M.Ravindran, Addl.Solicitor General of India, assisted by Mr.S.Kesavan, SCGC For R.6 : Mr.Krishna Ravindran * * * COMMON ORDER ELIPE DHARMA RAO, J. In all these matters, the petitioners' prayer is to review the common order dated 11.5.2011 passed by this Court in a batch of writ petitions (in W.P.Nos.11747/2002; 37081/2002; 41163/2002 and 7444/2009). Some of the petitioners have also filed Miscellaneous Petitions, praying extension of time for six months, for compliance of the order passed by this Court. 2. A brief background of the filing of these review petitions is that this Court has taken up a Writ Petition in W.P.No.11747 of 2002, based on a letter addressed by Avoor Muthiah Maistry Street Residents' Welfare Association, 64/7, Avoor Muthiah Street, Chennai, signed by its President Mr.s.K.Swamy, to the then Honourable Chief Justice of this Court, thereby explaining the hazardous pollution they are facing because of the iron ore unloaded in the harbour. 3. Thereupon, since there was no response from the Chennai Port, despite three notices issues by the Pollution Control Board, as per the order of the then Honourable Chief Justice, the said three notices were treated as taken up writ petition in W.P.No.37081 of 2002. 4. During pendency of the above said two taken up writ petitions, the Royapuram Residents' Welfare Association, has filed a Public Interest Litigation in W.P.No.41163 of 2002, praying to frame an appropriate scheme to eliminate the chronic air pollution caused due to the bulk handling of iron ore and coal at the Chennai Port and compensate residents affected by pollution. The Madas High Court Practising Advocates Association has also filed W.P.No.7444 of 2009 as a Public Interest Litigation, praying to restrain the Madras Port Trust and others from dumping the chemicals in the Madras Port Trust area and to shift the chemicals to Ennore Port immediately. 5. Taking up all the matters together and hearing all the parties concerned at length, this Court, by the order dated 11.5.2011, has arrived at the following conclusions: "(i) The Chennai Port Trust has not taken any appreciable step towards arresting the pollution. The so-called measures said to have been taken by the Chennai Port are inadequate to address the issue of pollution in the area and the various orders passed by this Court and the directions issued by the Tamil Nadu Pollution Control Board to the Chennai Port to arrest the pollution have not been cared by the Chennai Port Trust, exhibiting its callous attitude and scant regard to the public health and security. (ii) The argument advanced on the part of the Chennai Port that in case of shifting its coal and iron ore operations to Ennore Port, it will lead to unrest among the employees and pensioners cannot be accepted, in view of the well established principle of law that the interest of major sections of the society shall always prevail over that of the small sections of the people. Furthermore, this Court cannot leave in lurch the employees and the pensioners of the Chennai Port also, since this Court is aware that the livelihood of the employees and pensioners of the Chennai Port cannot be ignored and sufficient safeguards have to be made while protecting the interest of the society at large. (iii) The other argument advanced on the part of the Chennai Port that the traders would prefer other private ports, if the coal and iron ore operations are shifted to Ennore Port, also cannot be accepted taking into consideration the distance criterion, as explained above. (iv) The point sought to be impressed upon by the Chennai Port that there will be loss to the exchequer if the prayer of the petitioners to shift the coal and iron ore operations to the Ennore Port cannot have any legs to stand before us, since it is the settled position of law that 'protection of environment would have precedence over the economic interest and precautionary principle requires anticipatory action to be taken to prevent harm and the harm can be prevented even on a reasonable suspicion and it is not always necessary that there should be direct evidence of harm to the environment' and in the case on hand, there is voluminous material on record, as has been discussed by us supra, standing as a direct evidence to the harm being caused to the environment by the Chennai Port. (v) The Right to Life guaranteed under Article 21 of the Constitution, with its extended meaning of including the right to clean environment is so sacrosanct and always on the high pedestal as the basic right of the citizens of this great country, the object being to prevent deprivation of life and assuring the citizens to live with all human dignity. Foremost among all the rights guaranteed under the Constitution is the right to life, from which flow other rights and freedoms. The right to life is not confined to mere physical or animal existence but includes the right to every limb or faculty through which life is enjoyed. It signifies the right to live with basic human dignity. No industry has any right to destroy the ecology, degrade the environment and pose a health hazard. (vi) The material on record has established the fact that Ennore Port has been planned well and built in a systematic way and the facilities available in Ennore Port are plenty viz., construction of berths in perpendicular direction, the vast area of 2080 hectares, railway track siding, nearness to Madras, not being a residential locality, etc. (vii) Since there is no dispute with regard to the fact that TNEB has shifted its discharge operations to Ennore Port from July, 2001 onwards, TNEB is not a necessary party to these proceedings. (viii) Though in W.P.No.41163 of 2002 it has been prayed that the residents affected by pollution on account of the operation of the Chennai Port be granted compensation, no arguments in this regard have been advanced before us and all that has been argued before us is only with regard to the shifting of the dusty cargoes like iron ore, coal from Chennai Port to Ennore Port, because of the enormous pollution being caused by the Chennai Port because of such operations. Therefore, we have not gone into the aspect of compensation and this part of the relief claimed on the part of the petitioner in W.P.No.41163 of 2002 stands dismissed. (ix) When the Government of India itself has considered to allot dusty cargoes like Coal and iron ore to Ennore Port and clean cargoes viz. Container, car etc. to Chennai Port, taking into consideration the fact of urbanization of the area surrounding Chennai Port, their subsequent stand that they wanted to encourage competition between the two Ports does not seem to be in the interest of public health and public interest, as the Chennai Port is causing so much of pollution, detrimental to the interest, safety and security of the millions of people living in its surroundings. (x) From the memo. dated 4.8.2010 filed by the Ennore Port Limited, it is clear that the construction of coal terminal is at an advanced stage, the physical progress being about 91% and with regard to the iron ore terminal it was 92% and this terminal will be operational to full capacity by September, 2011. With regard to rail connectivity to stackyards, it has been submitted by the Ennore Port that the main part of land required for rail connectivity from Salt Department was physically handed over to Ennore Port Limited on 31.5.2010 and to provide the rail connectivity to the coal and iron ore stackyards in time, a quick single line rail connectivity is planned and it will be fully operational by September, 2011." 6. Consequent to our above discussions and conclusions, we have disposed of all the writ petitions in the following manner: "(a) All the writ petitions are allowed. However, the prayer in W.P.No.41163 of 2002, with regard to the compensation aspect stands dismissed. (b) The Government of India, represented by its Secretary, Ministry of Shipping, New Delhi is directed to see distribution of cargoes between Ennore Port and Chennai Port, allotting clean cargoes viz. Container, car etc. to Chennai Port and the dusty cargoes like Coal, iron ore and all other dusty cargoes to Ennore Port. (c) Since the coal terminal, iron ore terminal and the single line rail connectivity at Ennore Port are assured to be operational to their full capacity by September, 2011, the Government of India, represented by its Secretary, Ministry of Shipping, New Delhi and the Government of Tamil Nadu, represented by its Chief Secretary are directed to see that all the dusty cargoes like Coal, iron ore