http://www.thehindu.com/news/national/commercial-and-development-activity-suspended-at-sez-in-mundra/article5576363.ece#.UtUU4-uDbNI.gmail
   Ahmedabad, January 14, 2014
Updated: January 14, 2014 10:42 IST
Commercial and development activity suspended at SEZ in Mundra

Special Correspondent



  In a significant development, the Gujarat High Court on Monday ordered
the suspension of all commercial and development activity inside the 21
units at the Adani Group’s Adani Ports and Special Economic Zone (APSEZ) at
Mundra in Kutch district with immediate effect.

A division bench of the High Court, comprising Chief Justice Bhaskar
Bhattacharya and Justice J.B. Pardiwala, passed the order following a
public interest litigation (PIL) filed by the villagers of Navinal, located
inside the Mundra SEZ, alleging serious violations of the Environment
Impact Assessment (EIA) notification, 2006 by the company and the units
there.

“The court observed that the SEZ and several units had come up there,
developed the plots allotted to them and earned profits from commercial
production before the SEZ received the deemed environment clearance from
the Union Ministry of Environment and Forests (MoEF). This is in clear
violation of the basic core of the EIA notification,” said Anand Yagnik,
counsel for the petitioners.

The industrial units, including the developer APSEZ and firms like Aadi
Group, Empezar Logistics, Avesta Process Equipment and Modular, Ashapura
Garments, Terram Geosynthetics, Thermax Limited (SEZ Unit), SKAPS
Industries, Oilfield Warehouse & Services, Dorf Ketal Speciality Catalyst,
Anjani Udyog and Oriental Carbon Chemicals have been asked to shut
operations.

“Today [Monday], the High Court has pronounced an order against 12
manufacturing units in Mundra SEZ. These units have been directed not to
undertake any construction/operational/manufacturing activity till an
environmental clearance is granted to Mundra SEZ. The Court has directed
the MoEF to decide on granting of EC, to Mundra SEZ within 30 days,” stated
an official company statement.

But, none of the berths at the company’s Mundra port have been affected by
this order. The operations at Mundra port were normal, the statement
claimed.

The SEZ received a deemed environment clearance from the MoEF in May 2012,
but prior to this, the SEZ and several units inside it had become
functional and started making profits from commercial operations. In
violation of the EIA notification, the SEZ developer and several units had
developed their piece of land and were doing commercial business, Mr.
Yagnik asserted.

He added that, “According to the EIA notification, environment clearance
has to be obtained prospectively and the same can’t be applied
retrospectively.”

Mr. Yagnik said the court has directed the Centre, the MoEF and the Gujarat
government to consider issuing granting deemed clearance to the remaining
units in the next 30 days. He informed that the High Court has also ordered
to consider the recommendations and report submitted by the Sunita Narain
committee appointed by the MoEF.

The Adani Group has pumped in around Rs. 20,000 crore in Mundra and about
Rs. 7,000 crore for the SEZ, with a proposed area of some 18,000 hectares.




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