Directs ministry of forest and environment and GPCB to file substantive replies.
The Gujarat high court on Wednesday directed the ministry of forest and environment and the Gujarat Pollution Control Board to file substantive replies in the Nirma Mahuva plant case. The court asked all the respondents in the case to file their replies accordingly.
The direction came during the course of the hearing on a review petition submitted by a group of farmers under the banner of Shree Mahuva Bandhara Khetiwadi Pariyavaran Bachao Samiti praying that certain issues, which were not decided by the high court earlier, be considered now. Earlier, the farmers had filed a Special Leave Petition (SLP) before the supreme court, challenging the order of the high court in April this year allowing Nirma to go ahead with its plant in Mahuva in Bhavnagar on the condition that it should surrender 46 hectares of land of the total land allocated by the state.
The organisation also filed a petition in the Gujarat high court praying that the earlier order of the high court be reviewed. The apex court then directed the high court to decide on some of the issues in the case. During the hearing on the review petition on Wednesday, senior counsel Sharad Vakil and advocate Anand Yagnik, on behalf of the farmers, pleaded that the judgement and order of Shailesh Shah vs State of Gujarat were not complied with by the state in process of allocation of reservoir land to Nirma. It was also pleaded that although according to the records, the factory is supposed to provide employment to 418 persons, the total number of workers that may get jobs is only 110 to 118 persons.
Apart from this, issues which are yet to be decided by the high court, although they were pleaded and argued earlier, included environmental clearance obtained by Nirma allegedly through "fraud, misrepresentation and suppression". The court adjourned further hearing in the matter to August 26.
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