Centre pulls the plug on Nirma plant

The SC order came following an affidavit by the Union Ministry of Environment and Forest (MoEF) stating it has revoked the environment clearance certificate earlier given to the Nirma plant.

Shree Mahua Bandhara Khetiwadi Pariyavaran Bachav Samittee,a group of farmers from around Mahuva,had challenged the HC order allowing Nirma to go ahead with its plant on the land allotted by the Gujarat government. The farmers,spearheaded by local BJP MLA Dr Kanu Kalsaria,have also been opposing the cement plant through agitation.

Originally,the state government had allotted 268 hectares of land in the region to Nirma in 2008 to set up the cement plant. The petitioner has challenged the allotment saying the land is part of a water body that came into existence following prolonged efforts of years to check salinity ingress in the coastal region. The petitioners had demanded that the environment clearance given for the plant be withdrawn and the project be scrapped.

After the farmers approaching it,the SC formed two committees of experts to look into the issue and give opinion on specific points with reference to whether the land in question was a wet land or not and whether the proposed cement plant could be allowed to come up there.

Both committees,in their findings,backed the stand of farmers saying the land in question was a water body and that the cement plant could not be allowed to be set up there.

One of the two committees,which consisted of seven experts,including two nominated by Nirma,also gave a unanimous opinion against the proposed plant.

Following this,on December 1,the MoEF submitted an affidavit before the SC saying it had decided to revoke the environment clearance given to Nirma since the same was granted due to “suppression of facts” by Nirma.

According to advocate Anand Yagnik,who is appearing on behalf of the farmers from Mahuva,the petition was heard by a three-judge bench of SC headed by Chief Justice S H Kapadia on Friday.

“The court has kept it open for Nirma to approach the Green Tribunal after they made a request in that regard. The court also said the Green Tribunal will act as per law,” Yagnik said at a press conference in Ahmedabad on Friday.

Senior counsel at HC and human rights activist Girish Patel said this was a case where both Centre and state government took decisions on people’s lives while keeping them in dark and people had to fight for their rights and changing the policy.

Patel,however,sounded critical of the SC order. “The SC should have decided the matter finally. It has now kept it open for Nirma to approach the Green Tribunal. So,the legal struggle for farmers may continue.”