Ministry recommends relocation of Nirma’s Cement plant, next hearing in SC on Friday

May 10, 2011

Ministry recommends relocation of Nirma’s Cement plant, next hearing in SC on Friday
New Delhi, 10 May, 2011



A video on water body in question


The Ministry of Environment and Forests (MoEF) today informed the Supreme Court that the controversial cement plant of Nirma Industries in Bhavnagar district of Gujarat is situated in an environmentally sensitive wetland area and has to be relocated.

The MoEF told the apex court through an affidavit that the plant was constructed in Azone, which is the source of a sweet water body.

The MoEF further submitted that it has accepted the report of an expert committee which said that the cement plant was in an environmentally sensitive area and construction would have to stop.

Following the representation, a three-judge bench headed by Chief Justice S H Kapadia adjourned the matter to Friday, giving the option to Nirma to challenge the MoEF order before it or the Green Tribunal.

The court was hearing a petition filed by Nirma Industries, challenging the stop-work notice issued by the MoEF after environmentalists raised concerns.

Earlier the apex court had ordered a fresh environmental study of the area where chemicals maker Nirma is setting up a cement plant that is believed to be on wetlands in Bhavnagar, Gujarat.

The bench had directed the Expert Appraisal Committee (EAC) of the MoEF to study whether the plant was in the wetland area or water bodies.

The apex court had directed the committee to seek reports from a body of experts with five scientists and should visit the site.

The court asked the expert body to give a hearing to all parties, including Nirma and the residents near the site, and ascertain its impact in terms of environment degradation.

Before approaching the apex court, Nirma had moved the Gujarat High Court, but could not get any relief.

The government had earlier given environmental clearances to Nirma, which was allotted 268 hectares for setting up the cement plant and over 3,000 hectares for mining in the surrounding area near the coastline in Bhavnagar district.

Senior advocate Dushyant Dave, appearing for Nirma, had contended that the company was working for the past three years on the project based on previous clearances. He said the trouble has started as some local politicians are creating problems.

Dave further said the group has already invested Rs 150 crore on the project and is committed to pumping in another Rs 450 crore.

Background

An expert committee had been appointed by Enviornment and Forest ministry on the order of the Supreme Court of India had earlier visited Mahuva site of controversial Nirma cement plant for on the spot review. While five members were chosen by the ministry, two members were selected by Nirma.

The Supreme court bench of Chief Justice of India SH Kapadia and Justices KS Panicker Radhakrishnan and Swatanter Kuma had directed fresh assessment by a panel of five expert scientists appointed by Ministry of Environment and Forest (MoEF) on 18 March, and had ordered to stop construction of the plant till the next order.

The expert body report was formed to find answers of following questions :

– Whether the lands in question were wetlands/water bodies?

– Whether project could come upon such a wetland/water body? If so what would be its impact in terms of environment degradation?

– If at all, the project should come up on such wet lands/ water bodies, what steps should the user agency take for environmental safeguards?

– What is the precise stage of projects?

The panel had to submit its report before 18 May to the Ministry of Enviornment and Forest. On receiving the report, the ministry appraised the apex court of the findings and conclusions today.


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