MoEF directions illegal: Nirma

Will approach supreme court if directions are not withdrawn, warns company

PTI | March 15, 2011



In response to a direction by the ministry of environment and forests (MOEF) to halt work on its cement plant at Bhavnagar district in Gujarat, Nirma Ltd has said that the orders had no binding on the company and termed it as completely "illegal".

The ministry had on March 12 ordered "permanent suspension of work" at the 1.91 million tonne per annum capacity cement plant, along with its captive power and coke oven plant near Padhiarka village in Mahuva taluka of Bhavnagar district.

It had also directed the company to respond as to "why the environmental clearance accorded to the project should not be revoked and stoppage of the work not be made permanent."

On the same day, the company wrote a letter to the environment ministry in which it said that the direction under Section 5 of the Environment Protection Act 1986, to stop implementation including construction work of the project, was "completely without jurisdiction or authority of law including in violation of the principle of natural justice.

"And the same time it cannot bind us at this stage," the letter signed by vice president Nirma Ltd V N Desai said.

Terming the direction by ministry as 'illegal' and 'unjust', the company said it was in process of filing a detailed reply and preparing for a personal hearing.

Nirma Ltd, in its letter has requested the ministry to withdraw its directions, failing which it would be constrained to approach the supreme court in an 'appropriate manner'.

In the reply, the company also drew attention of the ministry to an affidavit filed by the government of India, through it, in the Gujarat high court which had given go ahead for the project in September last year.

"The judgement (of Gujarat high court) and the stand of the government of India shows that the environmental clearance was validly granted to us," the company said.

The company further claimed that the direction was an attempt to 'overreach' order of apex court where the matter was pending following challenge by the farmers of Mahuva taluka against the Gujarat high court order allowing Nirma to go ahead with construction of cement plant.

Farmers from over 12 villages of Mahuva are agitating against the cement plant since last couple of years alleging that the plant was being built on a natural water body and would destroy their agriculture and animal husbandry, besides causing irreparable damage to the environment.

BJP MLA from Mahuva Kanu Kalsaria has been leading the agitation against the cement plant which has been supported recently by Bharitya Kisan Sangh.

The farmers had filed a public interest litigation (PIL) in the Gujarat high court last year opposing Nirma Ltd's cement plant in Mahuva which was rejected.

Following this, the farmers have now approached the supreme court challenging the HC order.

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