Case: G. Sundarrajan Vs. Union of India (UOI) and Ors

a significant part of fossil fuel like coal, oil, gas etc. Electricity is the heart and soul of modern life, a life meant not for the rich and famous alone but also for the poor and down trodden. They should also have an adequate means of livelihood, job opportunities for which we have to set up Industries and commercial undertakings in the public as well as private sector and also have to invite foreign investment. Generation of electricity is of extreme importance for their establishment and functioning and also for domestic consumption. Power generation with the traditional means, through hydro, thermal electric project, coal etc. are not effective substitution to the power generation through Nuclear Plant. India has a mammoth population unlike developed countries, and the consumption of electricity in domestic, industries, agricultural sector etc. is going up day-by-day. Most of the States are in the grip of power cut; day and night, for a number of hours, which has adverse effect on their economic and industrial growth. To sustain rapid economic growth, it is necessary to double the supply of energy. Energy tariff is also increasing, nuclear power in the long run will be much cheaper than other forms of energy. 183. This Court in Chameli Singh and Ors. v. State of U.P. and Anr. (1996) 2 SCC 549 held that an organized society right to live as a human being is not ensured by meeting only the animal needs of man, but secured only when he is assured of all facilities to develop himself and is freed from restrictions which inhibit his growth. Right to shelter includes adequate living space, safe and decent structure, clean and decent surroundings, sufficient light, pure air and water, electricity, sanitation and civil amenities like road etc. so as to have easy access to his daily avocation. 184. Nuclear power plant is being established not to negate right to life but to protect the right to life guaranteed under Article 21 of the Constitution. The Petitioners contention that the establishment of nuclear power plant at Kudankulam will make an inroad into the right to live guaranteed under Article 21 of the Constitution, is therefore has no basis. On the other hand it will only protect the right to life guaranteed under Article 21 of the Constitution for achieving a larger public interest and will also achieve the object and purpose of Atomic Energy Act. EXPERTS VIEWS-TECHNICAL AND SCIENTIFIC 185. AEC, DAE, BARC, AERB, NPCIL, TNPCB the expert bodies, are all unanimous in their opinions that adequate safety and security measures have already taken at KKNPP which are to be given due weight that they deserve. Further, as already indicated NPCIL Task Force Report on Security of all NPPs including KKNPP dated March 2011, 11.5.2011, AERB-EE Expert Opinion on Design Committee Safety dated 31.8.2011, 15 Member Expert Team Committee Report (post Fukishama) dated December 2011, Supplementary Report dated 31.2.2012 on the Grievances raised by some of the agitators, report submitted by Sri R. Srinivasan, Former President, Atomic Energy Commission appointed by the State of Tamil Nadu are all unanimous in their view on the safety and security of KKNPP. 186. MoEF, EAC, TNPCB, Report of IOM, Anna University dated July 2008 on Impact of NPP on Marine Eco-system, Committee on Conservation of Sea-Shore of the State of Tamil Nadu, Report of Engineers India Limited with CHFRI dated August 2011, NEERI dated May 2002 and January 2003 on the Impact on Air, Water, Land, Eco-system etc. are all unanimous that the radiation as well as the discharge of water from NPP to the sea shore will not have serious impact on the marine ecology or on marine life. 187. A Constitution Bench of this Court in University of Mysore v. C.D. Govinda Rao AIR 1965 SC 491 , held that, normally, Court should be slow to interfere with the opinion expressed by the Experts and it would normally be wise and safe for the courts to leave the decisions to experts who are more familiar with the problems which they face than the courts generally can be which has been the consistent view taken by this Court. Reference may be made to the judgments of this Court in State of Bihar v. Asis Kumar Mukherjee (Dr.) (1975) 3 SCC 602 , Dalpat Abasaheb Solunke v. B.S. Mahajan (1990) 1 SCC 305 , Central Areca Nut and Cocoa Marketing and Processing Coop. Ltd. v. State of Karnataka (1997) 8 SCC 31 , Dental Council of India v. Subharti K.K.B. Charitable Trust and Anr. (2001) 5 SCC 486 , Basavaiah (Dr.) v. Dr. H.L. Ramesh (2010) 8 SCC 372 and Avishek Goenka v. Union of India (2012) 5 SCC 275. In Woon Tankan and Seven Others v. Asian Rare Earth Sdn. Ehd. CLJ (1992) 2 207, the Supreme Court of Malaysia vide its judgment dated 23.12.1993 examined the effect of low-level radioactive waste on the health of the population. The Supreme Court upheld the plea of the company, placing reliance on the expert opinion expressed by the Atomic Energy Licensing Board (AELB) and took the view that since the company has been operating under license granted by AELB, an expert body, it will be taken that the expert body had the expertise to speak on the radiation level of the radioactive waste, on the health of the population. 188. We have noticed that, so far as this case is concerned, from the safety and security point of view of life and property, on environment and all that related aspects, all the Expert Bodies are unanimous in their opinion that KKNPP has fully satisfied all safety norms to safeguard the human life, property and environment which, we are sure, will allay the fears and apprehensions expressed by the people living in and around Kudankulam. The Court, in our view, cannot sit in judgment on the views expressed by the Technical and Scientific Bodies in setting up of KKNPP plant at Kudankulam and on its safety and security. CONCLUSION

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]9. India draws bulk of its electricity, above 64%, from thermal sources, especially coal. Hydro power comes second of 18% and then renewable sources provide small share at about 15%. We are informed that, at present, the share of nuclear energy is hardly three per cent of Indias total electricity production, while France accounts for 74.6% as on 2008. NPPs provide about 6% of the worlds energy and 13-14% of the worlds electricity with U.S., France and Japan together accounting for about 50% of nuclear generated electricity. U.S.A. has 104 nuclear reactors and more than 100,000 MWe of electricity is produced by nuclear generation. International Atomic Energy Agency (IAEA) has reported that in the year 2007, there were 439 Nuclear Power Reactors in operation in the world operating in thirty one countries. The DAE, it is reported, plans to increase its nuclear energy production to 20000 MWe by 2020 and 63,000 by 2030. The Policy makers consider that the nuclear energy remains as an important element in Indias energy mix for sustaining economic growth of natural and domestic use. One of the reasons for preferring nuclear energy as an alternative source of energy is that it is a clean, safe, reliable and competitive energy source which can replace a significant part of the fossil fuels like coal, oil, gas etc. Oil and natural gas resources might exhaust themselves. Coal is also not an effective substitution since forests are also no longer able to satisfy the energy requirements. Major source of electricity generation, about 66%, is still contributed by fossil thermal powers, like coal. To put into practice the national policy, India has already entered into various collaborations with most of the developed countries which have proved expertise and experience in the field of establishment and production of nuclear energy.10. Economic growth and energy support have to go hand in hand, for the countrys development for which India has entered into various collaboration agreements with U.S.A., Canada, Russia etc. and several NPPs have already been set up in the country. Government of India, in implementation of its national policy, had made a joint statement with U.S.A., called Indo-U.S. Joint Statement 2005, for a renewed global civil nuclear energy co-operation. A co-operation agreement called 2007 Co-operation Agreement was also entered into between India and U.S.A. for the peaceful uses of nuclear energy. This was later followed by the Indo-France Joint Statement in September, 2008. A Joint Statement was made in February 2010 with United Kingdom. Above facts would indicate that in order to give effect to the National Policy for development, control and use of atomic energy, India has entered into various bilateral treaties and arrangements with countries which have considerable expertise and experience. For establishing the NPP at Kudankulam, India had entered into an inter-governmental agreement with the erstwhile USSR in November 1988 followed by a supplementary agreement on 21.06.1998 signed by India and Russia which is in tune with Indias National Policy.11. Indias National Policy has been clearly and unequivocally expressed by the legislature in the Atomic Energy Act. National and International policy of the country is to develop control and use of atomic energy for the welfare of the people and for other peaceful purposes. NPP has been set up at Kudankulam as part of the national policy which is discernible from the Preamble of the Act and the provisions contained therein. It is not for Courts to determine whether a particular policy or a particular decision taken in fulfillment of a policy, is fair. Reason is obvious, it is not the province of a court to scan the wisdom or reasonableness of the policy behind the Statute.13. This Court in M.P. Oil Extraction and Anr. v. State of M.P. and Ors. (1997) 7 SCC 592  held that unless the policy framed is absolutely capricious, unreasonable and arbitrary and based on mere ipse dixit of the executive authority or is invalid in constitutional or statutory mandate, courts interference is not called for. Reference may also be made in the judgment of this Court in M/s. Ugar Sugar Works Ltd. v. Delhi Administration and Ors. (2001) 3 SCC 635 ; Dhampur Sugar (Kashipur) Ltd. v. State of Uttranchal and Ors. (2007) 8 SCC 418  and Delhi Bar Association v. Union of India and Ors. (2008) 13 SCC 628. We are therefore firmly of the opinion that we cannot sit in judgment over the decision taken by the Government of India, NPCIL etc. for setting up of KKNPP at Kudankulam in view of the Indo-Russia agreement. Courts also cannot stand in the way of the Union of India honouring its Inter-Governmental Agreement entered into between India and Russia.14. We may, however, focus our attention on various other issues raised in these appeals in the light of the provisions of the Atomic Energy Act, Rules and Regulations framed thereunder, International conventions, covenants entered into by India with other countries, AERB Code of Practices and Safety Guides, Experts opinion, Environmental and other related laws.22. We have already indicated that these issues are to be addressed to policy makers, not to courts because the destiny of a nation is shaped by the peoples representatives and not by a handful of judges, unless there is an attempt to tamper with the fundamental Constitutional principles or basic structure of the Constitution.23. We are however deeply concerned with the safety and security of the people of this country, its environment, its flora and fauna, its marine life, ecology, bio-diversity and so on which the policy makers cannot be on the guise of national policy, mutilate or rob of, in such an event the courts can unveil the mask and find out the truth for the safety, security and welfare of the people and the mother earth.34. Various codes and safety standards issued by the AERB, referred to above, mainly deal with siting, design, construction, operation, quality assurance, decommissioning etc. Safety codes and safety standards are formulated on the basis of nationally and internationally accepted safety criteria for design, construction and operation of specific equipment, systems, structures and components of nuclear and radiation facilities. Further, India has also entered into various bilateral treaties and is also a party to various international conventions on nuclear safety, physical protection of nuclear material, nuclear accident, radiological emergency and so on. India, as already stated, is also governed by the safety and security standards laid down by IAEA. A brief reference to those conventions, treaties and IAEA may be apposite.Few facts and trends highlighted in the report prepared by an independent commission at the request of the IAEA in May 2008 highlights the ten key facts and trends which frame the nuclear opportunities and challenges the world now faces. The report highlights that to sustain rapid global economic growth, it is necessary to double the supply of energy and tripling supply of electricity by 2050. Further, it is stated billions of poor people need energy and other life saving and job creating technologies. The report also noticed that energy prices are increasing, a broader reliance on nuclear energy whose prices are much less dependent on its fuel costs conceivably could help to ameliorate those tensions and risks. The report highlights that the world still dependent on burning coal, oil and natural gas for 80% of its energy supply surging energy use causes surging emissions of greenhouse gases disrupting the climate with potentially catastrophic results. Nuclear energy, it is stated, is a readily expandable source of low-carbon baseload electricity and in the future might also help to meet other energy needs such as hydrogen production and water desalination.45. The IAEAs International Project on Innovative Nuclear Reactor and Fuel Cycles (INPRO) brings many States together to consider approaches to safer, cheaper, more secure and more proliferation-resistant nuclear systems with effective management of nuclear waste. India is in partnership with the IAEA and has incorporated many of its directives in the code of practice framed by the AERB, hence there could be no compromise on safety and security of the NPPs in the country. We have elaborately discussed the Safety and Security Code of Practices laid down by AERB, IAEA and its supports so as to allay the apprehension or fears expressed from various quarters on the safety and security of KKNPP and its effect on human life, property and environment and we notice that adequate and effective protection measures are in place.46. Parliament, as we have already indicated, is very much concerned with the safety and security of its people and its environment. The Preamble of the Act pronounces in an eloquent terms that it has been enacted for the development, control and use of atomic energy for the welfare of the people of India. Peoples comfort, happiness, prosperity and the economic growth of the nation is always the concern of their representatives in the Parliament. Safety and security of people in that process have to be in the uppermost mind of the legislature. Keeping in mind that concern, special provisions have been incorporated for the safety and security. Reference has already been made to Section 17 of the Act which casts an obligation on the Central Government to ensure proper rules with regard to the safety, which we have already examined at length. We have also examined both nationally as well as internationally accepted guidelines for safety and security of the people of the Nation and notice that those are being followed. In Peoples Union for Civil Liberties and Anr. v. Union of India and Ors. (2004) 2 SCC 476 , the Court held that the Atomic Energy Act deals with a sensitive subject. Statutory scheme contained in the provisions of the Act, the Rules framed thereunder, composition of the AEC and AERB leave no manner of doubt that the effective functions of the nuclear power plants are sensitive in nature. Various Codes of Practice, safety guidelines, extensively discussed above and the decision taken in various international conventions and the guidelines laid down by various international agencies followed by India are meant to protect the life and property of people including the environment, guaranteed under Article 21 of the Constitution of India.55. Management of radioactive waste includes all types of radioactive waste generated from the entire fuel cycle right from mining uranium fuel fabrication through reactor operations, and whole re-processing spent fuel. A coherent, comprehensive and consistent set of principles by way of IAEA document titled Storage and Disposal of Spent Fuel and High Level Radioactive Waste, AERB Safety Guide to AERB Management of Radioactive Waste Code 2007 are already in place. Further, the 15 member team in its report, in December 2011, has to say this on spent fuel management.6.3 Spent Fuel Management:First and foremost it should be remembered that Spent Fuel is not a waste in the Indian Nuclear Programme. A closed fuel cycle is followed, where the valuable fissile materials like Uranium and Plutonium which are present in the Spent Fuel are recovered to reuse.1) Spent fuel is therefore an asset that needs to be preserved. At Kudankulam, Spent Fuel from the Reactors will be carefully stored in Storage Pools, which are always filled with pure, demineralised borated water which is constantly recirculated. These pools are high integrity concrete pools which are additionally lined with stainless steel sheets, to ensure effective containment for extended periods of time. The Department of Atomic Energy has long experience and expertise of a high order in the safe management of Spent Fuel.2) There is no plan to do the reprocessing of the Spent Fuel at Kudankulam site. As such the storage of Spent Fuel at Kudankulam is to be considered only as an interim measure till they are transported to a Reprocessing Facility.3) Adequate Technology and years of experience are available with Department of Atomic Energy for transporting Spent Fuel from one site to another through both Railways and by roadways, in a safe manner without any public hazard. This is done as per stipulations of AERB, regarding Transport Regulations that govern safety.NSF WASTE - TRANSPORTATION:57. The SNF from NPPs, after an adequate storage period, is transported to reprocessing facilities located within the country, following the International and AERB guidelines and standards. NPCIL, DAE and MoEF have maintained the stand that they are aware of the importance of safety and security and have taken care to ensure that the management and transportation of spent fuel is carried out safely following the international recognized norms and Regulations and the same is being done under the observation of AERB and the Government of India.58. SNF poses a dangerous, long-term health and environmental risk and it is often said that it remains dangerous for time spans seemingly beyond human comprehension. Issue, needless to say, is of great concern. It may be noted, twenty years of work on establishing a geologic repository at Yucca Mountain, USA, had to be abandoned when the Department of Energy decided to withdraw its licence application for the facility. NPCIL has maintained SNF is being kept at the site for re-processing or transported to a permanent repository and how save it is, if not properly kept, as we have already indicated, can cause serious health hazard not only to the present generation but to the future generation as well, to whom we owe a responsibility.59. India has got the capability for re-processing SNF, experts say. Currently, India has three operating processing plants based on solvent extraction process - one each at Trombay, Tarapur and Kalpakkam. Trombay plant reprocesses the spent fuel from research reactors with the capacity of 60 tons per year. The plants at Tarapur and Kalpakkan process off-site fuels from PHWRs with operating capacity of 100 tons per year each. Additional re-processing facilities are being set up with the active participation of the Indian industry to accelerate the programme.60. We notice that with the limited resources of uranium available in India, the indigenous achievable NP is estimated to be 10,000 MWe by PHWR, without re-processing. With the help of re-processing, the achievable capacity could go up to 63000 MWe imported LWR and recycling LWR fuel to 275,000 MWe, by 2052. NPCIL has, therefore, taken up the stand that reprocessing of spent fuel is the key to the countrys three stage nuclear power programme. 97% of the SNF is capable of being re-used, but what has to be done with regard to the remaining 3% SNF, is a moot question, since it is not re-useable, which consists of various fission products and minor actinides. This 3% waste comprises of minor actinides which have a long half-life of lakhs of years. Experts, however, say that if the minor actinides are partitioned or removed, the rest of the waste is dominated by FPs having a half-life of about 30 years and so in 10 half-lives (300 years) will have negligible activity and the partitioned minor actinides can then be transmuted or burnt by inducing fission in Fast Breeder Reactors or in Accelerator Driven Systems (ADS).61. We may, in this connection, refer to the judgment of the US Court of Appeals in State of New York, ETAL v. NRC and USA dated 8.6.2012. In that case, the Court was dealing with the issue regarding temporary storage and permanent disposal of nuclear waste. The Court held that the Nuclear Regulatory Commissions evaluation of the risks of spent nuclear fuel is deficient in two ways: First, in concluding that permanent storage will be available when necessary, the Commission did not calculate the environmental effects of failing to secure permanent storage - a possibility that cannot be ignored. Second, in determining that spent fuel can safely be stored on site at nuclear plants for sixty years after the expiration of a plants license, the Commission failed to property examine future dangers and key consequences.62. We notice that the above decision would not directly apply to the facts of the present case. United States is following open fuel cycle process where spent fuel is not reprocessed, but disposed of treating the same as waste but, in India, we follow close fuel cycle process, where reprocessing of SNF to obtain uranium and plutonium is an essential step.63. AERB, way back in 1989, had recommended to have an Away from Rector Storage (AFR) facility at KKNPP for prolonged storage of SNF while granting siting clearance. Design-Safety aspects of AFR, it is stated, would be reviewed by AERB, one such facility is already available at Tarapur, where it is reported that there has been no adverse impact on the environment issue of such storage. AERB, in subsequent reviews, made recommendations with respect to AFR facilities. In ACPSR 126th Meeting held on 15/16.9.2011, the issue related to AFR was reviewed and it was recommended that AFR should be finalized well before 5 years of operation.DEEP GEOLOGICAL REPOSITORY (DGR):64. Permanent DGR, India may require, after a few decades, states NPCIL. Research and development work, we are informed, are in progress over three decades in the field of in-situ experiments, natural barrier characterisation, numerical modelling, conceptual design and natural analogue of waste forms and repository processes. Keeping in line with the international developments, initial focus of work in 80s centred mainly on setting up of generic Underground Research Laboratory (URL), in one of the abandoned mines in India and resulted in the development of an underground chamber in Kolar goldmine located in South India. Current efforts within the Indian geological repository programme are directed towards granite based URL. The experts feel that setting up of a DGR is not much of a technological challenge, but as is the case internationally everywhere, the issue is more of a sociopolitical issue.65. We are of the view that these issues have to be dealt with by the Experts in the field, evidently, without much delay. The AERB Safety Code on Management of Redioactive Waste of 2007 does not deal with the requirements for DGR. The problem of this nature is being faced by all the nuclear plant operating countries, including India. Research is on to handle SNF in DGR which, in the near future, let us hope, would be a reality, but that shall not deter us in holding up of such a project which has been established at KKNPP in implementation of the Indias Nuclear Policy.66. We may, however, caution that it is of utmost importance that the Union of India, NPCIL etc. should find out a place for a permanent DGR. Storing of SNF at NPP site will, in the long run, poses a dangerous, long term health and environmental risk. NPCIL and the Union of India is bound to look at the probabilities of potentially harmful events and the consequences in future. Noticeably, NPCIL does not seem to have a long term plan, other than, stating and hoping that in the near future, it would establishes a DGR. The Atomic Energy Act, especially Section 17, envisages present and future safety of our NPPs and the lives and environment around. NPCIL and the Union of India must have a hard look at the environmental consequences of its action of setting up of NPPs, hence a permanent DGR is of utmost importance, which they should plan now.Radioactive material67. We are all exposed to the naturally occurring radiation in our daily lives. Cosmic radiation from outside the solar system is also common phenomenon. Earths crust is radioactive, so also above the earths surface where we fly by aeroplane, we also get doses of radiation. Medical diagnostic treatment such as X-Ray, CT-Scan, angiography, angioplasty also radiates radioactive dose. However, the development of nuclear reactors which, for the first time, made possible the production of radioisotopes of many different elements, expanded the field of radioactive materials. Production and use of it, therefore, is bound to create a little bit of marginal radiation which seldom can be prevented. The Atomic Energy (Radiation Protection) Rules, (Radio Protection Rules now) were initially framed and revised in 2004. According to the Rules no person could handle radioactive material or operate any radiation generating equipment except in accordance with the terms and conditions of a licence. The Atomic Energy (Control of Irradiation of Food) Rules, 1990 (revised in 1996) seeks to regulate the irradiation of foods in the country. Provisions of the Act, statutory rules and Regulations, various codes, safety standards etc. issued by the AERB buttressed by the technical assistance provided by IAEA, NEA, The World Association of Nuclear Operations (WANO) etc. are being followed in India in respect of 20 operating power reactors which are existing in this country. Safeguarding the nuclear plants, radioactive materials and ensuring its physical security have therefore become a central part of nuclear law. Risks arising from NPP, do affect not merely the country which choose to use that technology but can have catastrophic consequences to the neighboring countries as well. Non-proliferation, disarmament and peaceful use are stated to be the three pillars of all the international conventions. Nuclear technologies and techniques, it is well accepted, can offer vital benefits for improving human-well being, like health care, radio-therapy, food security, agricultural advantages to the present and generation.73. We are convinced that KKNPP design incorporates advanced safety features complying with the current standards of redundancy, reliability, independence and prevention of common cause failures in its safety systems. Design also takes care of Anticipated Operational Occurrences (AOO), Design Basis Accidents (DBA) and Beyond Design Basis Accidents (BDBA) like Station Black Out (SBO), Anticipated Transients Without Scram (ATWS), Metal Water reaction in the water core and provision of core catcher to take care of core degradation. The design also includes the provisions for withstanding external events like earthquake, tsunami/storm, tidal waves, cyclones, shock waves, aircraft impact on main buildings and fire. The 17 recommendations were made after Fukushima accident the cause of which is natural phenomenon. The facts would indicate that Tsunami-genic zone along East Coast of India is more than 1300 km away from the nearest NPP site (Madras/Kalpakkam) and about 1000 km. away from Kudakulam. The possibility of hitting tsunami at Kudakulam, as the one that hit Fukushima, seems to be very remote.83. Strict Liability Principle has been examined by this Court in the environmental point of view in several judgments. In M.C. Mehta v. Union of India AIR 1987 SC 1086 (Oleum Gas Leakage case), this Court held that the industries which are engaged in hazardous or inherently dangerous activity, possess serious threat to health and safety of persons and have an absolute and non-delegable duty to ensure that no harm is caused to the life and safety of the people. In Indian Council for Enviro-Legal Action v. Union of India (1996) 3 SCC 212 , this Court held that once the activity carried on in hazardous or inherently dangerous, the person carrying on such activity is liable to make good losses caused to any other person by his activity, irrespective of the fact that he took reasonable care while carrying on his activity. In Vellore Citizens Welfare Forum v. Union of India (1996) 5 SCC 647 , this Court held that once the activity carried on is hazardous or potential hazardous, the person carrying on such activity is liable to make good the loss caused to any other person by his activity, irrespective of the fact that he took reasonable care. The absolute liability extends not only to compensate the victims of pollution, but also the cost of restoring environmental degradation. In Vellore Citizens Welfare Forum (supra), this Court reiterated the polluter pays principles. It is unnecessary to multiply the authorities on the principle of strict liability, precautionary principle, polluter pays etc., which find their expression in Articles 21, 47, 48A, 51A(g) of the Constitution of India.84. We have examined the above principles only to highlight the importance of the Act and the steps taken for its effective implementation. People in this country have not forgotten the incidents which had happened in the Union Carbide Pesticides Plant in Bhopal in the night of 24.12.1984. This Court in Union Carbide Corporation v. Union of India (1989) 2 SCC 40, based on an earlier settlement, directed the Union Carbide to pay US $ 470 million to the Union of India in full and final settlement of all claims, rights and liabilities related to and arising out of Bhopal Gas Tragedy. Following that, it was ordered that all civil proceedings arising out of Bhopal Gas Disaster, shall stand concluded in terms of the settlement and all criminal proceedings related to and arising out of the disaster shall stand quashed, wherever they were pending. Later, this Court modified that order upholding the settlement except the condition of quashing criminal charges in Union Carbide Corporation v. Union of India AIR 1992 SC 248 .85. Considering Indias population density and our National Policy for setting up various NPPs in the country, safety and security of the plants are of extreme importance, lest a nuclear accident can cause immense damage both in terms of human life as well as environmental destruction. Provisions have also to be made for remedying or compensating environmental damage caused by the accidents, without merely limiting it to personal injury and damage to property.DISASTER MANAGEMENT PLAN:86. Disaster Management Plan (DMP) is of paramount importance, since we are dealing with a substance which has huge potential of causing immense damage to human beings and to the environment, which may cross over generations after generations.87. After the accidents in Three Mile Island, Chernobyl and Fukoshima, there has been an uproar all over the world including India for adopting sufficient safety measures for handling nuclear/radiological emergencies which may likely to occur in various NPPs situated in the country. Any radiation incident resulting in or having a potential to result in exposure and/or contamination in excess of the respective permissible limits can lead to a nuclear/radiological emergency. Situations are, of course, not bound to occur quite often, but one must be prepared to face nuclear/radiological emergencies because of high population density in a country like India. Nuclear/radiological emergencies can occur due to factors beyond the control of the operating agencies, for example, human error, system failure, sabotage, earthquake, cyclone, flood etc. Noticing the above factors, the Central Government decided to enact a law on Disaster Management to provide for requisite institutional mechanisms for drawing up and monitoring the implementation of the disaster management plans, ensuring measure by various wings of Government for prevention and mitigating affects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation.88. The Parliament enacted the Disaster Management Act, 2005 (DM Act), following that, the National Disaster Management Authority (NDMA) was constituted with the Prime Minister as the Chairperson. Similar authorities have been created in various States with their Chief Ministers as the Chairpersons. NDMA has assumed the responsibility of strengthening the existing nuclear/radiological emergency management framework by involving all stake holders in a holistic approach through a series of mutually interactive, reciprocal and supplementary actions to be taken on the basis of a common thread - the National Guidelines. Following that, NDMA, after conducting a detailed discussion with all the stake holders, issued the National Disaster Management Guidelines, 2009, which has the concurrence of the DAE, AREB. The guidelines recommended a series of actions on the part of various stake holders at different levels of administration that would (i) mitigate the accident at source; (ii) prevent deterministic health effects in individuals and limit the probability of stochastic effects in the population; (iii) provide first aid and treatment of injuries; (iv) reduce the psychological impact on the population; and (v) protect the environment and property. The guidelines have been prepared to provide direction to the central Ministries/departments, State Governments and local authorities for preparing detailed action plans to ensure inbuilt capabilities to handle nuclear and radiological emergencies as part of an all-hazard Disaster Management plan in the public domain.95. The necessity to accord proper training to the personnel involved in the management of radiation emergencies, which includes education of senior public functionaries like the district or state-level officials who would manage a radiation emergency as well as the first responders, needs special emphasis. This would also include RSOs, civil defence personnel and home guards, police and fire and emergency services personnel and medical professionals. The guidelines also highlight the necessity of a proper network of roads and transport system. An off-site emergency situation, the emergency response plans envisage evacuation of the public from the affected zone which requires well-defined routes and evacuation strategies. The availability of both adequate transport and good roads, which would provide the evacuation routes, is of paramount importance. Further, certain radiation emergency scenarios envisage a sheltering requirement for a large number of people. Normally, community centres, schools, colleges, religious places, marriage halls, etc. are chosen for this purpose. SDMAs/DDMAs should identify those places during a non-emergency period, with assistance from DAE/DRDO.96. It is also highly necessary to identify alternate sources of food, water and hygiene facilities. Because of the assembly of a large number of persons at the emergency shelters, poor hygiene facilities may lead to the spread of diseases, including epidemics. In addition to providing good hygiene facilities, good medical care with adequate stock of medicines, should be made available in all areas of possible nuclear emergencies/disasters.99. Facts presented indicate that there is no population in the Exclusion Zone of KKNPP. Exclusion Zone is under the exclusive control of the plant operator NPCIL, guarded by CISF, where no public habitation is permitted. The property wall at a distance of 2 km from the reactor buildings existing at KKNPP, which encloses the exclusion zone, and no people reside permanently inside the property wall. A sterilised area around the exclusion area covering an area of up to 5 km radius from the plant has also been established. As per AERB Citing Code, the desirable population within the sterilised zone is about 20000. As per the documents available, 3 villages are within SZ of KKNPP, namely, Kudankulam, Vijayapathi (Idinthikarai) and Irrukkandurai. As per 2001 census, the population residing with SZ consisting of these three villages is approximately 23960, which has been taken care of while preparation of the Emergency Preparedness Plan (EPP) of KKNPP.100. NPCIL, after due concurrence with AERB, as already indicated, has prepared the Emergency Preparedness Plan Vol. V for off-site emergency at KKNPP. The EPP has listed the composition of Off-Site Emergency Response Co-ordination Committee (OERCC) comprising of 14 district administration officials for implementing counter measures in public domain in case of an emergency. The District Collector, Tirunelveli is the Off-Site Emergency Director and the members are District Revenue Office, Site Director, KKNPP, Superintendent of Police, District Forest Officer, Joint Director (Fisheries), Deputy Controller (Civil Defence), Divisional Fire Officer, Executive Engineer (Irrigation), Joint Director (Agriculture), Deputy Director (Animal Husbandry), District Supply Officer, Regional Transport Officer, Deputy Director (Health Services). The overall responsibility of OERCC and individual responsibilities of the members of the Committee have been chartered in the Emergency Preparedness Plan for effective implementation of counter measures. Eleven Emergency response teams such as warning and advise Team, Emergency Response Teams, Traffic Control Team, Prophylactics Distribution Team, Evacuation Advice Team, Convoy Team, Decontamination Team, Rallying Post Team, Patrolling Team, Information Team and Services Support Team have also been formed and are in place as well.102. The Off-Site Emergency Exercise was carried out as per the requirements of AERB Safety Guide on Consenting Process for NPPs. Off-Site Emergency Exercise is required to be carried out once in two years and that NPCIL and State Authorities would conduct such exercises in other nearby villages frequently. Such mock-drills are conducted to educate the public not to scare them away, but make them understand that the Project is part of the National Policy, participatory in nature, and hence we cannot remain as a nuclear isolated Nation. We have to find out a substitute for other sources of energy. Such exercise was carried out annually to assess whether plant management and the local authorities, including the communication and infrastructure facilities, are geared up for tackling with a real emergency situation, in case it arises.103. We heard Shri Rakesh Diwedi, learned senior counsel appearing for the State of Tamil Nadu, who gave an overall view of the steps taken by the State Government and the District Collector, Tiruvelveli for implementing the Neighbourhood Development Scheme relating to housing, steps taken for off-site emergencies, awareness programme, other infrastructural facilities. We have also gone through the detailed affidavit filed by the District Collector, Tirunelveli District on December 2012 and noticed the steps taken by the District Administration and the State to meet the Off-Site emergencies, awareness programmes and the other steps taken to provide infrastructural facilities like up-gradation of Primary Health Centres, opening of New Primary Health Centres, setting up of Desalinate place at Uvari, solar energy lighting system etc.CORPORATE SOCIAL RESPONSIBILITY (CSR):104. Sustainable Development and CSR are inseparable twins, integrated into the principles of Inter and Intra-Generational Equity, not merely human-centric, but eco-centric. CSR is much more when the Project proponent sets up NPPs, thermal power plants, since every step taken for generation of energy from such hazardous substances, is bound to have some impact on human beings and environment, even though it is marginal. The Department of Public Enterprises (DPE), recently, issued a Comprehensive Guidelines on CSR for Central Public Sector Enterprises, which includes NPCIL, to create, through the Board Resolution, a CSR budget as a specific percentage of net profit of the previous year. CSR is envisaged as a commitment to meet its social obligations by playing an active role to improve the quality of life to the communities and stake-holders on a sustainable basis, preferably, in the project area where it is operating. CSR strategy has to be put in practice in line with the millennium development goals as lodged by United Nations and adopted by the Government of India in the 11th Five Year Plan i.e. 2007-2012, which could cover the areas of education, health, drinking water/sanitation, environment, solar lighting system, infrastructure for backward areas, community development and social empowerment, promotion of sports and traditional forms of arts and culture, generation of employment opportunities and livelihood to be a part of the National/Local initiatives to provide reliefs/rehabilitation in terms of natural disaster, calamities etc.We notice that, apart from the above, Rs. 500 crores has been allocated for Neighbourhood Development Programme (NDP) around the nuclear plant at Kudankulam, which would be utilized for taking up various development works like setting up of cold storage and fishing marketing area, Public board motor works, housing facilities, levelling of roads, upgradation of health services, grownes and drinking water etc. The Chief Secretary of Tamil Nadu convened a meeting on 15.5.2012 following CSR, in which it was decided to set up a fund of Rs. 300 crores for the housing scheme for a projected period from 2012 to 2015. The proposal is to construct 10000 houses in the housing project with a unit cost of Rs. 3,00,000/- per house with a plinth area of 300 sq. Feet under NDS. Various other development activities are also being undertaken as part of CSR, like upgradation of public health centres, establishment of new public health centres etc.106. This Court in Banwasi Seva Ashram v. State of U.P. AIR 1987 SC 374 allowed the construction of NPP in a displaced forest area, but ordered inter alia that every family of forest dwellers be provided with a housing plot of specified dimensions elsewhere, that health, education, sanitation services and the like, be provided there, as part of CSR.107. NPCIL in association with the District Collector, Tirunelveli should take effective steps to discharge their CSR in accordance with the DPE Guidelines. Needless to say, there must be an effective and proper monitoring and supervision of the various projects undertaken under CSR, to the fullest benefit of the people who are residing in and around the NPP.PART II109. Public opinion, national policy, economic growth, sustainable development, energy security are all intrinsically interlinked. One cannot be divorced from other, all the same, a balance has to be struck. National policy of this country, as already stated, is that atomic energy has a unique position in the emerging economics in India. Nuclear energy is, therefore, considered to be a viable source of energy and it is necessary to increase countrys economic growth. Nuclear energy is now considered in India as a sustainable source of energy and India cannot afford to be a nuclear isolated nation, when most of the developed countries consider it as a major source of energy for their economic growth. Renewed momentum against the setting up of NPPs picked up fast after accidents at the Three Miles Island Power Plant in USA, Chernobyl in Ukraine and Fukoshima in Japan. Primary reason for such opposition seems to be on the issues of the impact of nuclear installations on life and property, environment, flora and fauna, marine life, nuclear waste disposal, health, displacement of people etc. which has a direct link with Article 21 of the Constitution of India and the environmental laws of the country.124. The Government of India after due deliberation with AEC, AERB, NPCIL and other organizations decided, in principle, to set up a NPP, for which Site Selection Committee of DAE was constituted and the Committee examined various sites in the Coromandel Coast of Tamil Nadu and selected the site at Kudankulam as the most ideal for selling up of NPP on scientific, technical, safety, security and environmental point of view. No regulatory requirement of CZR (except 500 metres norm) at the sea coast was in force at that time. The Prime Minister of India had written a letter in November 1981 to all the Chief Ministers of Coastal States in which it was stated as under:The degradation and misutilization of beaches in the coastal states is worrying as the beaches have aesthetic and environmental value as well as other values. They have to be kept clear of all activities at least up to 500 metres from the water at the maximum high tide. If the area is vulnerable to erosion, suitable trees and plants have to be planted on the beaches without marring their beauty. Beaches must be kept free from all kinds of artificial development. Pollution from industrial and town wastes must also be avoided totally.125. Following the letter of the Prime Minister, a nine Member Working Group comprising experts in the fields of marine biology, nature conservation, tourism, pollution control and human settlements was constituted to formulate guidelines for the development of beaches. The Committee formulated the environment guidelines for development of beaches in July 1983. Before selecting the site at Kudankulam, a detailed study was conducted as to the suitability of the site, safety, radiological impact and its assessment, external natural events, foundation conditions, water availability and various other factors. Following that, an application was submitted in the year 1988 by the NPCIL before the State of Tamil Nadu for location of NPP at Kudankulam. The application was considered by the Committee on conservation of seashore of Government of Tamil Nadu since the plant had to be set up at the sea shore. The committee after considering the proposal accorded clearance for the location of the plant at Kudankulam which is reflected in the letter dated 25.02.1988 sent by the Secretary to the Government, State of Tamil Nadu.131. MoEF in exercise of powers conferred under Section 3(i) and 3(2)(v) of the Environmental (Protection) Act, 1986 and Rule 5(3)(d) of the Environmental (Protection) Rules, 1986 issued a Notification dated 19.2.1991 declaring coastal stretches as Coastal stretches of seas, backwaters, creeks, rivers and backwaters which are influenced by tidal action (in the landward side) upto 500 Mtrs. from the HTL and the land between the low tide line (LTL) and the HTL are called coastal Regulation zone and regulating activities in the CRZ, both prohibited and permitted activities. However, it did not prohibit the project already in operation and granted clearance prior to the date of the issue of notification. Later by an amendment dated 12.4.2001 S.O. 329(C) amended paragraph 2 on prohibited activities and the notification dated 19.2.1991 by substituting Clause (1) to the following effect setting up of new industries and expansion of existing industries except (a) those directly related to water front or directly needing foreshore facilities (b) projects of Department of Atomic Energy.132. We find with regard to the location of KKNPP within the prescribed 500 mtr. within the CRZ an exemption had already granted as per the then existing norms even prior to 1991 by the then Prime Minister of India by the communication dated 19.4.1989. Over and above, paragraph 2(1) of 1991 CRZ Notification as amended by Notification dated 12.4.2011, exempted projects of Department of Atomic Energy. A cumulative reading of the permission dated 19.04.1989 accorded by the then existing norms read with paragraph 2(1) of 1991 Notification, as amended by Notification dated 12.4.2011, we are of the view the KKNPP Units 1 and 2 have not violated the 1991 CRZ Notification.139. We are of the view that the EIA Notification of 1994 would not apply to KKNPP Units 1 and 2 for which environmental clearance was granted on 19.5.1989. 1994 notification, in our view, would be operative only prospectively except in the case of expansion and modernization of any activity (if the pollution load is to exceed the existing one) as on the date of publication of that notification or a new project listed in Schedule 1 for which environmental clearance is necessary as per the notification dated 27.01.1994. So far as KKNPP units 1 and 2 are concerned, they had the relevant clearance from the State Government including the NOC from the State Pollution Control Board. Facts stated above would indicate that the land acquisition process for the plant site and township had commenced during the year 1990-1991 and awards were pronounced during the period 1991-1993 by the Land Acquisition Officer and Special Tehsildars (Land Acquisition) Government of Tamil Nadu. Annexure R-15 produced along with the affidavit filed by the MoEF dated 18.10.2012 indicates the details of total land acquired, the awards pronounced and the details of the compensation paid. Further sites surveys, infrastructure design, construction of boundary wall, roads and some buildings etc. had been completed between 1989 to 1994. The Committee on Conservation of Seashore of Government of Tamil Nadu had also granted clearance on 25.2.1988 and the TNSEC had also granted clearance on 15.12.1988, modified on 13.2.1989. Above facts clearly indicate that the EIA Notification dated 27.1.1994 would not apply to KKNPP Unites 1 and 2 since these units stood exempted from the Notification and the Explanatory Note 8 to the Notification and also the Circular issued by the MoEF on 23.7.1998 make it more explicit.Plant capacity, we have noticed, always remained 1000 MWs X2, and the plant model V-412 remained to be as envisaged in 1988 Agreement and 1998 supplementary agreement of 1988. Further, for the purpose of cooling the steam generated in the steam generator sea water is required which goes through the steam turbine which runs the electrical generator to produce electricity. Sea water consumption is 2,40,000 m3/Hr and the water is to be drawn from the sea and pass through the condenser for both Units 1 and 2 and once the cooling process is over, it is to be released to the sea, a process, which has undergone no change from what was envisaged before obtaining clearance from MoEF in 9th May, 1989 till date and hence we find no necessity for a fresh clearance.We have already indicated that prior environmental clearance is required only for those activities which are listed in Schedule 1 to the EIA Notification dated 27.1.1994 or the subsequent Notification dated 14.9.2006 which superseded earlier Notification dated 27.1.1994. Desalination plant is not seen listed under the above-mentioned notifications. The decision to establish desalination plant for the purpose of domestic water requirement was taken by the NPCIL in the year 2004. Earlier when environmental clearance was granted on 9.5.1989 the proposal was to take fresh water from the Pachipari Dam, situated at about 65 KM away from the plant site. The same had to be given up in view of the involvement of forest land as well as the apprehensions expressed by the local villagers that the withdrawal of water from the Dam would deplete the scarce natural resource, especially at the time of drought. Desalination plant functions on distillation (Mechanical Vapour Compression) principle. Sea water would be drawn and would be fed to the plant which consists of four streams each having capacity of 106.66 cubic mtr. p.h. Cumulative feed flow of all three operating streams is 670 cubic. mtr. p.h. and cumulative reject flow is 350 cubic mtr. ph., balance 320 cubic mtr. p.h. is purified water. Facts would indicate that there is no generation of air emission, solid waste and effluent are flowing from the desalination process except rejects (which also called brine) which is nothing but concentrated sea water which remains after desalination process and does not contains external elements. The rejects will have concentration of 69000 parts per million which would be mixed with the sea water 1,20,000 cubic mtr. p.h. and discharged through the outlet channel into the sea which would give dilution 343 times and reduce the reject to the ambient sea water concentration of 35000 parts per million. Experts say the process would not cause any increase in pollution load due to desalination.142. CRZ Notification of 1991, though prohibited, the setting up of new industries as well as expansion within CRZ, it had permitted the laying of pipeline and conveying system. 1991 Notification was amended on 21.05.2002 and it was provided that the desalination plants could be established in the notified special economic zone, for non-polluting industries within CRZ. On 19.10.2002, it was again amended and it was provided that the desalination plants could be established within CRZ except CRZ - 1(i) - i.e. eco-sensitive areas viz. mangroves, sand dunes, reserve forests etc. MoEF later issued another notification dated 06.01.2011 superseding 1991 notification, as per that para 3(i)(c) and as per para 4(ii)(h) (of 06.01.2011 notification) makes provisions for the establishment of desalination plants within CRZ area except CRZ - 1(i).143. NPCIL informed TNPCB for the inclusion of desalination facility which was not earlier included in the original application for Consent to Operate. TNPCB considered the request and accorded Consent to Operate on 20.08.2012 which included desalination plant. The establishment of desalination plant, therefore, would not require any fresh environmental clearance, especially when the same has not been included in the Schedule 1 to the EIA Notification dated 27.1.1994 or in the subsequent Notifications dated 14.9.2006, 06.01.2011 etc. except within CRZ - 1(i).145. Rule 84, of course, deals with the Thermal Power Plant, which states that the resultant rise in temperature of receiving water shall not exceed 7°C over and above the ambient temperature of the receiving water body. Facts indicate that the limit prescribed under Rule 84 will equally be applicable to Nuclear Power Plant as well since the technology for condenser cooling in both, thermal as well as Nuclear Power Plant is the same. In both systems condenser is cooled by using water, therefore, the limit on temperature of discharged water will have to be the same.Environmental Impact was analysed in desalination and the experts are unanimous in their views, that there would be no impact on the marine ecosystem. Reports were also considered by the MoEF through the EAC before giving environmental clearance for the units 3 to 6 on 23.09.2008 and 31.12.2009 and the CRZ clearance on 25.07.2012. TNPCB has also accorded consent to operate on 28.08.2012 for KKNPP Units 1 and 2 by stipulating that condenser cooling water discharge limit as 7°C as per the amended Environmental Protection Rules. Therefore, the contention raised by the Appellants that the rise in temperature of receiving water due to rise in temperature of condenser cooling water would affect marine eco-system and cannot be sustained.148. We are of the view that the environmental clearance or No Objection Certificate cannot be equated to consent to establish under Section 25 of the Air Act and consent to operate under Section 21 of the Water Act, which were granted on 25.2.2004 and 28.8.2012 respectively. NPCIL had undertaken various activities with respect to KKNPP subsequent to the environment clearance granted by TNSEC on 26.12.1988, subsequently modified on 13.2.1989.149. TNSEC had on 15.12.1988 had already cleared the project, which tantamount to No Object Certificate (NOC). Only after clearance or NOC, the question of establishing or operating a plant arises. Environmental clearance or NOC was granted to KKNPP units 1 and 2 as early as 26.12.1988 though the TNPCB had granted consent to establish under Section 25 of the Air Act on 25.02.2004 and consent to operate under the Water Act on 28.08.2012. Explanatory Note 8 to the Environment Notification dated 27.01.1994 speaks of exemption for projects already initiated that is land has been acquired and clearance of the State Government including NOC, from Pollution Control Board had been obtained before 27th January 1994, for which no fresh environmental clearance would be required from Impact Assessment Agency (IAA). KKNPP units 1 and 2 is, therefore, entitled to get the benefit of the Explanatory Note 8 to EIA notification dated 27.01.1994.150. We also notice that there has been no expansion or modernization of units 1 and 2, which has resulted in increase of pollution load. Plant capacity remained the same i.e. 1000 MWs X2, till date and there is no substantial difference in plant model and the specifications envisaged in the 1988 agreement and 1998 supplement agreement. Plant model remains as V-412, consequently the 1994 EIA notification will not apply qua KKNPP units 1 and 2.157. It was discussed in the meeting that sea water intake structure would be located at a depth of 10 mtr. from the Main Sea Level (MSL) and at a distance of 1.2 Kms. off shore from the shore line. The temperature differential of cooling water at the discharge point would be limited to 7°C with respect to the ambient temperature. Discharge of all units, including the existing two units will be let off into a common discharge channel parallel to the shore bound and release at the two extreme ends of the channel. Gates will be provided on East and West side of the channel, which will be operated depending upon the ocean current direction in different season. The modeling was done for all the units of 1000 MW each taking into consideration the futuristic plan of expansion at the proposed site. The impact zone was shown to be 5 KM.158. The Environmental Appraisal Committee (EAC) after holding the public meeting on 02.06.2007 again met on 22.8.2008 and made its recommendations for environmental clearance for Units 3 and 4 subject to their obtaining CRZ clearance. We have already indicated that the proposal of EAC was approved by the MoEF on 23.9.2008 with respect to Units 3 and 4. Later after getting the administrative approval from the Competent Authority for Units 5 and 6, the same was also reported by NPCIL to the MoEF and MoEF vide its letter accorded clearance on 31.12.2009 for Units 5 and 6 as well.159. Appellants, therefore, cannot contend that the procedure laid down under the 1994 and 2006 Notifications had not been followed. In our view, the EIA for the expansion of KKNPP i.e. for setting up Units 3 to 6 included the environment impact on Units 1 and 2 and the cumulative effect of all the six units definitely formed the base line for the clearance granted by the MoEF on 23.9.2008 and 31.12.2009. The concern of the public regarding safety, livelihood, radiation, impact on marine life, rehabilitation, impact on the sea shore etc. were also considered and following that necessary clearance was granted.160. KKNPP 3 to 6, after having got environmental clearance from MoEF in September 2008 and December 2009 entrusted the task of updation of EIA study to M/s. Engineers India Ltd. (EIL), Gurgaon (a Govt. of India Undertaking). EIL, accordingly carried out the study along with the Central Marine Fisheries Research Institute (CHFRI) for the expansion of projects on air, water, land, noise, biological and socio-economic aspects within a radius of 10 km from the proposed location. Detailed study was conducted on the Reactor system of KKNPP 3 to 6, impact on environment existing environmental status, its prediction and on environmental management plan report was submitted in August 2011. The report has also analysed the environmental impact on the marine ecosystem due to +7°C CCW water and concluded that it will have no impact on the marine ecosystem. EIA was considered EAC, while granting CRZ clearance for the additional reactors 3 to 6 at KKNPP along with sea water intake and outfall facilities for cooling purpose. CRZ clearance was granted by MoEF on 25.07.2012 after following the procedure laid down in the CRZ notification of 2011. TNPCB, as already indicated, has also accorded consent to operate vide proceeding dated 28.08.2012 incorporating stringent standard of 7°C over and above the ambient temperature of sea for the discharge of effluents, through the cooling water and trade effluent and included permission for discharge of effluents from desalination plant.Sustainable Development and impact on eco-system161. The Government of India, as already stated, constituted a fifteen member experts group covering all fields technical, scientific, environment etc. to provide clarifications on the various issues raised by group of general public. Efforts were made by the group to have interaction with the agitators but met with little success. Group elaborately discussed apart from safety features of the plant, its ecological effects on environment and marine life and a Report was submitted to the Government of India on December 2011. The Government of Tamil Nadu also appointed an Expert Committee headed by the former President of AEC Prof. R. Srinivasan along with three other experts to review the safety features. There has been consensus among all the expert committee on safety and security of the plant as well as on the effect on marine ecology, high protection, impact on land, agriculture, livestock, food, impact on flora and fauna, biosphere, environmental clearance, CRZ clearance, fresh water supply, desalination plants, emergency preparedness etc. Detailed studies have been conducted on various occasions of the effect of the NPP on air, water, noise, land, environment and also on biological, marine and socio-economic environment; to allay the apprehension voiced by a section of the people and its worth.174. We have already found on facts that the KKNPP has been set up and is made functional on the touchstone of sustainable development and its impact on ecology has been taken care of following all national and international environmental principles.While balancing the benefit of establishing KKNPP Units 1 to 6, with right to life and property and the protection of environment including marine life, we have to strike a balance, since the production of nuclear energy is of extreme importance for the economic growth of our country, alleviate poverty, generate employment etc. While setting up a project of this nature, we have to have an overall view of larger public interest rather than smaller violation of right to life guaranteed under Article 21 of the Constitution.178. Much hue and cry has been raised by some sections of the people about the possible impact of radiation from KKNPP Units 1 and 2, a point which has been addressed by the AERB, NPCIL, MoEF and all the Expert Committees constituted to go into the impact and effect of radiation from the units not only on humans but also on ecology. Experts Committees are of the unanimous opinion that there will not be any deleterious effects due to radiation from the operation of KKNPP, and that adequate safety measures have already been taken. We cannot forget that there are many potential areas of radiation reflected in many uses of radioactive materials.are used in hospitals, surgeries and so on. Mobile phone use, though minor, also causes radiation. In a report of the Department of Telecommunication Mobile Communication - Radio Wave and Safety released in October 2012, it has been stated that a human body is exposed to more electromagnetic field radiation in case of a call from mobile phone in comparison to the radiation from a mobile tower.179. We have, therefore, to balance economic scientific benefits with that of minor radiological detriments on the touchstone of our national nuclear policy. Economic benefit, we have already indicated has to be viewed on a larger canvas which not only augment our economic growth but alleviate poverty and generate more employment. NPCIL, while setting up the NPP at Kudankulam, have satisfied the environmental principle like sustainable development, corporate social responsibility, precautionary principle, inter - intra generational equity and so on to implement our National Policy to develop, control and use of atomic energy for the welfare of the people and for economic growth of the country. Larger public interest of the community should give way to individual apprehension of violation of human rights and right to life guaranteed under Article 21.180. Public money running into crores and crores rupees have already been spent for the development, control and use of atomic energy for the welfare of the people and hence, we have to put up with such minor inconveniences, minor radiological detriments and minor environmental detriments in our lives because the benefits we reap from KKNPP are enormous since Nuclear energy remains as an important element in Indias energy mix which can replace a significant part of fossil fuels like coal, gas oil etc.181. The necessity of establishing KKNPP at Kudankulam has elaborately been discussed in the earlier part of the judgment, hence not repeated. Justification for establishing KKNPP at Kudankulam, therefore has been vindicated and all safety and security measures have already been taken, necessary permissions and clearances have been obtained from all statutory authorities. Apprehension expressed by some sections of the public that if the units are commissioned or put into operation, it will have far reaching consequences, not only on the present generation, but also on the future generation, of the possible radioactive effects of the units, in our view has no basis. Few of them raised the apprehension that it might repeat accidents like the one that had happened at Three Miles Island, Chernobyl, Union Carbide and Fukushima etc. Apprehension, however, legitimate it may be, cannot override the justification of the project. Nobody on this earth can predict what would happen in future and to a larger extent we have to leave it to the destiny. But once the justification test is satisfied, the apprehension test is bound to fail. Apprehension is something we anticipate with anxiety or fear, a fearful anticipation, which may vary from person to person.182. Power generation through a nuclear plant set up after following all safety standards, rules and Regulations, is for the welfare of the people and for the economic growth of the country, which is the object and purpose of the Atomic Energy Act. Nuclear energy assumes as an important element in Indias energy mix for sustaining economic growth of natural and domestic use which in future has to replace a significant part of fossil fuel like coal, oil, gas etc. Electricity is the heart and soul of modern life, a life meant not for the rich and famous alone but also for the poor and down trodden. They should also have an adequate means of livelihood, job opportunities for which we have to set up Industries and commercial undertakings in the public as well as private sector and also have to invite foreign investment. Generation of electricity is of extreme importance for their establishment and functioning and also for domestic consumption. Power generation with the traditional means, through hydro, thermal electric project, coal etc. are not effective substitution to the power generation through Nuclear Plant. India has a mammoth population unlike developed countries, and the consumption of electricity in domestic, industries, agricultural sector etc. is going up day-by-day. Most of the States are in the grip of power cut; day and night, for a number of hours, which has adverse effect on their economic and industrial growth. To sustain rapid economic growth, it is necessary to double the supply of energy. Energy tariff is also increasing, nuclear power in the long run will be much cheaper than other forms of energy.183. This Court in Chameli Singh and Ors. v. State of U.P. and Anr. (1996) 2 SCC 549  held that an organized society right to live as a human being is not ensured by meeting only the animal needs of man, but secured only when he is assured of all facilities to develop himself and is freed from restrictions which inhibit his growth. Right to shelter includes adequate living space, safe and decent structure, clean and decent surroundings, sufficient light, pure air and water, electricity, sanitation and civil amenities like road etc. so as to have easy access to his daily avocation.184. Nuclear power plant is being established not to negate right to life but to protect the right to life guaranteed under Article 21 of the Constitution. The Petitioners contention that the establishment of nuclear power plant at Kudankulam will make an inroad into the right to live guaranteed under Article 21 of the Constitution, is therefore has no basis. On the other hand it will only protect the right to life guaranteed under Article 21 of the Constitution for achieving a larger public interest and will also achieve the object and purpose of Atomic Energy Act.EXPERTS VIEWS-TECHNICAL AND SCIENTIFIC185. AEC, DAE, BARC, AERB, NPCIL, TNPCB the expert bodies, are all unanimous in their opinions that adequate safety and security measures have already taken at KKNPP which are to be given due weight that they deserve. Further, as already indicated NPCIL Task Force Report on Security of all NPPs including KKNPP dated March 2011, 11.5.2011, AERB-EE Expert Opinion on Design Committee Safety dated 31.8.2011, 15 Member Expert Team Committee Report (post Fukishama) dated December 2011, Supplementary Report dated 31.2.2012 on the Grievances raised by some of the agitators, report submitted by Sri R. Srinivasan, Former President, Atomic Energy Commission appointed by the State of Tamil Nadu are all unanimous in their view on the safety and security of KKNPP.186. MoEF, EAC, TNPCB, Report of IOM, Anna University dated July 2008 on Impact of NPP on Marine Eco-system, Committee on Conservation of Sea-Shore of the State of Tamil Nadu, Report of Engineers India Limited with CHFRI dated August 2011, NEERI dated May 2002 and January 2003 on the Impact on Air, Water, Land, Eco-system etc. are all unanimous that the radiation as well as the discharge of water from NPP to the sea shore will not have serious impact on the marine ecology or on marine life.188. We have noticed that, so far as this case is concerned, from the safety and security point of view of life and property, on environment and all that related aspects, all the Expert Bodies are unanimous in their opinion that KKNPP has fully satisfied all safety norms to safeguard the human life, property and environment which, we are sure, will allay the fears and apprehensions expressed by the people living in and around Kudankulam. The Court, in our view, cannot sit in judgment on the views expressed by the Technical and Scientific Bodies in setting up of KKNPP plant at Kudankulam and on its safety and security.