Gujarat HC notice to pollution boards on hearing for environment impact

The Gujarat High Court on Tuesday issued discover to the Central Pollution Control Board (CPCB) and Gujarat Pollution Control Board (GPCB) on a Public Interest Litigation (PIL) difficult a public discover issued by the GPCB for a consolidated public listening to for atmosphere influence evaluation (EIA) for eight completely different initiatives by Adani Enterprises, scheduled for April 30.

The PIL was moved by Kheti Vikas Seva Trust by way of its president Naran Bharu Seda Gadhvi. The belief, comprising farmers, fishermen, and native villagers in Kutch, has submitted that the GPCB’s discover for a consolidated listening to for eight completely different Adani initiatives is “oblivious to the requirement” that “there cannot be consolidated public hearing for different projects” as per a Delhi High Court judgment of 2009.

A division bench of Chief Justice Aravind Kumar and Justice AJ Shastri issued discover to the CPCB) and GPCB, whereas the state authorities and the Kutch district Collector have additionally been made events to the litigation together with the Union of India and Adani Enterprises.

The court docket, whereas issuing discover, added that “any decision taken by the respondents would be subject to the result of
this petition”. According to the petitioner, a public discover was issued on March 18 for a public listening to on April 30 for eight initiatives by Adani Enterprise.

The eight initiatives embrace manufacturing of a semi coke unit, calcium carbide unit, acetylene unit, VCM unit, PVC unit, caustic soda unit, ethylene glycol unit and cement plant, close to two villages — Vandh and Tunda — in Mundra, Kutch, averred as ‘Category A’ initiatives.

The public discover requested all affected native residents to stay current on the listening to or ship their responses in writing to member secretary of GPCB earlier than the listening to date, noting that the general public listening to is scheduled to be held at 11 am, on April 30, at Tunda village in Mundra, Kutch.

The petitioner’s advocate Siraj Gori identified on Tuesday that the venue for the general public listening to has been fastened at solely one of many two villages the place the proposed initiatives are deliberate.

Gori additionally argued {that a} comparable case for public listening to of a couple of challenge, with Adani Enterprise as a respondent, had cropped up earlier than HC in 2010, and the court docket had dominated that public hearings must be held phase-wise and never in at some point.

Senior advocate Mihir Joshi, showing on behalf of Adani Enterprises, nonetheless, identified that the “main distinction” between the judgments being relied on by the petitioner, and the current case was within the case of the previous, challenge proponents have been completely different whereas the general public listening to for eight initiatives which has been not too long ago challenged earlier than the Gujarat HC, “is an integrated project”.

Senior counsel Joshi additionally identified that the petitioner belief is approaching the court docket greater than a month after the general public listening to discover was issued.

The matter is predicted to be taken up for additional listening to on June 20.

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