The National Green Tribunal has ordered OPG Power Gujarat Pvt Ltd to stop all works at its 300 MW Bhadreshwar thermal power plant at Mundra in Gujarat till it gets the requisite environmental clearance.
"We have no hesitation to hold that until OPG Power Gujarat Pvt Ltd obtains clearance to use reserve forest land and clearance from the Coastal Regulation Zone Authorities, it cannot go ahead with the project," said a bench of Acting Chairperson Justice A. S. Naidu and Member Vijai Sharma.
The tribunal passed the orders on a bunch of petitions by fishermen, salt pan worker and local residents who assailed the environmental clearance (EC) granted to the OPG by the Gujarat State Level Impact Assessment Authority (GSLIAA) on June 11, 2010 for setting up the plant.
They had also challenged the grant of Coastal Regulation Zone (CRZ) clearance for use of sea water in the plant, which was granted on September 16, 2011 by the Ministry of Environment and Forests (MoEF).
During the hearing, the bench, however, came to know that the OPG's application for obtaining permission to use the forest lands for non-forest purpose has been returned to them.
It also noted that on February 6 MoEF had issued a a show cause notice to OPG asking as to why CRZ clearance shall not be kept in abeyance or cancelled.
The bench held that project cannot commence activities until prior clearances is obtained from various authorities and admittedly OPG's application for permission to use forest land has been returned.
"In the absence of such clearance OPG cannot lay pipe lines (through the forest) which are necessity for commencement of the plant," the bench said.
The National Green Tribunal held that "in absence of permission under the Forest (Conservation) Act, 1980 and CRZ clearance, the environment clearance (EC) granted to OPG becomes redundant in as much as the said EC is subject to the permission and clearance granted under the Forest (Conservation) Act, as well CRZ Regulations".
The petitioners, though senior counsel Raj Panjwani and advocates Ritwick Dutta and Rahul Chaudhary, had alleged the violation of Environment Protection Act, 1986 and guidelines issued under the Forest (Conservation) Act, 1980.
They alleged the EC for the project was granted without insisting upon Forest Clearance (FC) even though the project included use of reserved forest for non-forest purpose and that the OPG had suppressed vital facts from the authorities.
Senior counsel Krishnan Venugopal appearing for the OPG denied the allegations saying no facts were suppressed by them and clearances were granted after due consideration.
The company later told the tribunal that alternative steps are being taken by them and they are not keen to either use the reserve forest land or the sea water.
Counsel and officials of OPG said as per alternative plans no permission would be required under the Forest (Conservation) Act or clearance under the CRZ Regulation.
The bench, after considering their submissions, held that in case of any deviation from their original project plan, OPG shall apply to concerned authorities who shall consider it "strictly in consonance with law and dispose of the same as expeditiously as possible, but not later than four months".
"In the event OPG intends to follow the original project technique than it shall make further applications under the Forest (Conservation) Act, 1980 which shall be dealt on its own merits and disposed of in accordance with law also within a span of two months," the tribunal held.