Thaindian News

Gandhinagar, March 28 (IANS) The Gujarat High Court has issued notice to Jindal SAW Limited and others in a litigation alleging irregularities of the company to hold a proposed public hearing and starting construction without environmental clearance for it’s new unit at Mundra in Kutch district.

The petitioners, Mahesh Solanki and Aniruddhsinh Jethwa, residents of Samaghogha village in Mundra taluka of Kutch, have filed a petition in the public interest before the first bench of the court. The petitioners, through their advocate Anand Yagnik, claimed the company’s project falls under category B and for which prior environmental clearance is mandatory.

They claimed that when the clearance is yet to be obtained from the state level expert appraisal committee, Jindal Saw Limited, has started construction at the proposed site.

“This is clear violation of the Environmental Impact Assessment Notification, 2006 as amended and instructions issued by respondent Ministry of Environment and Forest, Government of India under the Environment Rules and Environment Act,” the petitioners claimed.

Advocate Yagnik said, “The Company already has a manufacturing unit in the vicinity, manufacturing DI Pipes of different sizes. This may be an extension of the existing unit. However, before getting prior environmental clearance no construction of any nature can be put up except fencing and temporary shelter for guards. The construction is going at a very solid speed as if clearance is just a paper formality before even the public hearing takes place.”

He further said the venue of the public hearing on Tuesday is in the School which is within the premises of existing manufacturing unit of Jindal SAW Ltd and this is not a neutral venue as required and therefore needs to be changed.

The petitioners alleged that neither the summary, in a vernacular language, nor the Environmental Impact Assessment Report submitted by the project proponent is actually available with either the Gram Panchayat, or Mamlatdar office.

The PIL stated, for the purpose of “Informed participation of villagers” in the public hearing, copy of the entire Environmental Impact Assessment Report is required to be provided in vernacular language before actually public hearing takes place with a sufficient gap between provision of the EIA Report of the proposed project in vernacular language and the public hearing.

The petitioners have also challenged the EIA notification of 2006 issued by Ministry of Environment and Forests to the extent that it permits provision of summary in vernacular language. They’ve challenged it on the ground that such discrimination on the basis of language violates Article 14 of the Constitution of India and it therefore is unconstitutional.