The ministry of Environment and Forest, Government of India has asked Gujarat based Nirma company to comply with ministry’s 11 Match show cause notice and halt the construction work of company’s cement plant in Gujarat. The ministry has hinted out that if there’s no compliance to 11 March show cause notice, and immediate actions are not taken on the ground, the company is likely to get permanent closure notice.

The ministry had issued a show cause notice to Nirma two days back directing the company to stop its ongoing construction and development work at proposed cement plant in Mahuva area of Gujarat. However the company had questioned the notice and had refused to stop work.

Reacting to Nirma company’s reply in such tone, central Environment and Forest ministry in a strict letter to Nirma company today stated following important points:

“The show cause notice of 11th March is predicated on the findings of the Expert Appraisal Committee(EAC) in its meeting held on the 22nd nd 23rd of February 2011, which reached conclusions on findings that have emerged post a site visit by a team of the Ministry of Environment and Forests.”

“It is stated that continuation of the work at this juncture will result in grave damage to the environment which would be irreversible. Given that the EAC has further identified the site as a wetland, the need for the protection of its integrity becomes even more urgent.”

“The notice of 11th March clearly states that you will be given an opportunity to file your objections, in addition to which a hearing may also be allowed if you so desired. You were granted a hearing before the EAC as well.”

“If you do not take immediate action to comply with the show cause notice then we shall be constrained to take said dereliction into account when deciding upon whether to make the closure notice permanent.”

“We reiterate our directions and instruct you once again to cease and desist from taking any actions at the site pending a final resolution by the Ministry of Environment and Forest.”

Meanwhile a long foot march of local villagers opposing Nirma plant reached Ahmedabad today. The march is led by local BJP MLA Dr. Kanubhai Kalsaria.

What was in Nirma’s letter to the ministry?

Nirma company`s vice president V N Desai, through a letter written on Saturday to MoEF, had conveyed that the earlier permission granted by the Centre still subsisted, and Centre`s order to stop work is completely without jurisdiction or authority of law and in violation of principle of natural justice. It cannot bind the company at this stage, particularly pending the show-cause notice.

The company had argued that after the Gujarat high court permitted it to go ahead with implementation of certain conditions, the SC refused to order the company any stay on construction.

“The government of India cannot or ought not have so directed. The above directions are illegal, unjust and therefore cannot be binding upon us.”

“The assumption of jurisdiction thus is not only uncalled for, unwarranted and unjust, but is clearly in an attempt to overreach the order of the SC. If the SC did not grant any order for stopping of the construction, where was an occasion or need of Centre to perpetrate to do so, specifically when the matter is listed before SC on March 18?” the company questioned.

What was there in ministry’s 11 march notice

Central Environment and Forest ministry had issued a show cause notice to M/s Nirma Ltd. for permanent suspension of work and revocation of the environmental clearance regarding the cement plant, coke oven plant(1.5 LTPA) and captive power plant(50 MW) near village Padhiarka, Taluka Mahuva, District Bhavnagar under section 5 of the Environment(Protection) Act, 1986.

The ministry in its notice to Nirma signed by Scientist ‘F’ Dr. P.L.Ahujarai said:”In view of the conclusions of the EAC(Experts Appraisal Committee) and the fragile nature as also the importance of avoiding any further damage to the wetland, you are hereby directed to stop the implementation, including construction work, of the project with immediate effect and until further orders.”

The ministry had directed Nirma company to show cause as to why the environmental clearance accorded to the project should not be revoked and the stoppage of the work not be made permanent.

The ministry had asked Nirma company that in case the company desires any personal hearing, it can be on 16th or 17th March, 2011, provided the response is received at least one day before that date.

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