Ousteri lake is an inter-state lake of which 50% of the water spread lies in Pondicherry and the rest in Tamil Nadu. The said lake plays a crucial role in recharging the ground water aquifers and it also harbours rich flora and fauna. It is an important wintering ground for migratory birds and has been identified as one of the heritage sites by International Union for Conservation of Nature and ranked as one of the most important wetlands of Asia. It is a source of ground water recharge for wells in Pondicherry and Tamil Nadu. Apart from that the lake is a source of irrigation for lands situated both in Pondicherry and Tamil Nadu through seven channels. The surface waters of the lake have also been identified by the Pondicherry Government as a source of drinking water supply for Pondicherry.

That being so the sixth respondent intended to establish a Hospital cum Medical College adjacent to Ousteri lake and placed a proposal before the Pondicherry Pollution Committee. Initially it was decided by the committee that permission could not be granted considering its location and large requirement of ground water and quantity of waste water generation. But in spite of such rejection the sixth respondent started construction. Thereafter the same committee without assigning any reason directed the sixth respondent to conduct a public hearing and carry out the Environmental Impact Assessment Study. Accordingly, public hearing was conducted but contrary to the Environmental Impact Assessment Notification wherein objections were raised but not considered.

Since the construction was going on without getting permission from Pondicherry Pollution Committee and clearance from the first respondent as per Environment Impact Assessment Notification was filed seeking to forbear the sixth respondent from proceeding with the construction and an interim injunction was granted and the said Writ Petition dismissed following the issuance of Environmental Clearance Certificate by the first respondent. Challenging the said Environmental Clearance Certificate this Writ Petition has been filed.