BSES has said that the Bombay High Court and the Dahanu Taluka Environmental Protection Authority (Dahanu Authority) have failed to appreciate the efforts of BSES in maintaining the SO2 within the prescribed limits which is a very stringent norm of the Central Pollution Control Board (CPCB). The The Dahanu Authority has been appointed by the Supreme Court for the effective implementation of a report by the National Engineering Research Institute (Neeri) on the likely impact of thermal plant.

The company has said that the Dahanu Authority has not considered the relevant factors such as actual readings of the power plant and relied on a irrelevant mathematical model. The Dahanu Authority also disregarded the pending application of BSES for waiver of FGD. BSES had made an application to the Dahanu Authority for reconsideration of FGD issue while submitting one years post-commissioning environmental data on August 30, 1997.

The company had pointed out that the flaws in the Neeri report cannot be relied upon. However, it said that the Dahanu Authority ignored the submissions made by BSES and concluded that the ``emissions may exceed the prescribed limits of CPCB at certain times of the year and, therefore, FGD should be installed to control the SO2 emissions.''

BSES said that this was overlooking the earlier decision of the union ministry of environment, which had categorically indicated that ``decision to install FGD should be taken based on the factual post-commissioning records.'' The Maharashtra Pollution Control Board (MPCB) had also said in its report dated May 12, 1999 that emission levels of the Dahanu thermal power station were "well within the prescribed standards." The three-member experts committee, which had visited the power plant, had observed that SO2 has not affected chickoo and vegetation in the area.

The Dahanu Authority also failed to consider the application pending with the Centre for the waiver of FGD condition. Stressing the need for FGD, the Dahanu Authority had said that the "precautionary principle" or the "principle of precaution" must be considered and implemented as Dahanu is ecological and fragile area.

However, BSES in a special leave peitition, has alleged that the Dahanu Authority has wrongly applied the ``precautionary principle.'' The company has said that the Dahanu Authority has ignored the adverse environmental impact of FGD such as generation of gypsum, which is hazardous.

BSES further said that the Bombay High Court dismissed its writ petition challenging the Dahanu Authority directive, saying that the latter had considered all relevant aspects in a case of this nature and interference by this court was not justified even if there was difference of opinion between the experts. ``The view taken by Dahanu Authority supporting one such view cannot be characterised as irrational or perverse and, therefore, the court cannot be called to substitute its views for those of an expert body,'' the court added.