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SC upholds Ministry of environment and forests's Nirma decision

The decision for cancellation of the environment clearance given to Nirma Limited for a cement plant in Mahuva taluka of Bhavnagar district.

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The Supreme Court on Friday upheld the decision of the Union ministry of environment and forests (MoEF) for cancellation of the environment clearance given to Nirma Limited for a cement plant in Mahuva taluka of Bhavnagar district.

On December 1, the MoEF had permanently revoked the environment clearance certificate given to Nirma on December 11, 2008 for a cement factory. The ministry had filed an affidavit in the Supreme Court informing about the said decision.

The hearing on the case was scheduled on Friday, when the court upheld the decision of the ministry. The counsel for Nirma, however, submitted that they would move the Green Tribunal under the Green Tribunal Act, challenging the decision of the MoEF.

Senior counsel, Girish Patel, who appeared as special counsel in the case welcomed the order but also expressed his displeasure on court's decision for not disposing of the case entirely and giving an opportunity to Nirma to move the Green Tribunal.

"The court which had been hearing the case for long ought to have decided it and disposed of it without giving any room for Nirma to move the Green Tribunal. This would now result in duplication of work," Patel said.

Anand Yagnik, advocate for the farmers, termed the verdict as a victory of the Gandhian thought as the entire battle was fought on principles of Mahatma Gandhi. "The major shift and change that the verdict highlights is, before 50 years the government was with the farmers but now it is against the farmers," he said.

BJP MLA from Mahuva, Dr Kanu Kalsariya, who spearheaded the campaign against the plant, said: "The government is these days extending full support to industrialists. The industries are given all facilities from power supply to water supply, while the farmers have to fight such a long battle for their right."

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