NGT notice to Adani Ports, MoEF on plea seeking environmental restoration

The Pune bench of the National Green Tribunal (NGT) has served notices to Adani Ports and Special Economic Zone (APSEZ), Adani Power Ltd, Centre and Gujarat government, seeking response on a plea that claimed that the corporate giant has violated environmental norms that resulted in severe damage to Mundra town's coastal ecology in Kutch. A two-member bench, headed by Justice UD Salvi, directed all respondents, including environmentalist Sunita Narain to reply by October 25, while hearing a plea filed by Gujarat based non-profit organisation, Kheti Vikas Seva Trust.

In its plea, the Mundra-based NGO prayed that in the view of the alleged environmental damage and violation of conditions stipulated under the environmental clearance (EC), there should be action against the Adani Port and SEZ (APSEZ) and its directors under the Environment Protection Act. It also sought restitution of mangroves, mudflats, creeks and sand dunes that have been allegedly destroyed during the project activities in accordance with the polluter pays principle.

Further, it sought compensation to the local fishermen families for adverse health impacts due to the mismanagement of fly-ash from the Adani thermal power plant and for rehabilitation of locals. According to the plea, APSEZ allegedly carried out large-scale destruction of mangroves and blocked major creeks in Mundra. "The blocking of these creeks has restricted the ability of the local fishermen to ply their boats and fishing vessels across the traditional routes that they had been using," the plea said.

In its plea, the NGO said that even as two expert committees appointed by the Union Ministry of Environment, Forest and Climate Change (MoEFCC) had detailed APSEZ's environmental violations, there was no action against them and in fact the validity of the environmental clearance was extended. The plea was referring to the reports of the Senthil Vel committee and the Sunita Narain committee and said these reports had detailed APSEZ's environmental violations. The MoEFCC had issued two show-cause notices to APSEZ based on these reports in 2010 and 2013.

In fact, MoEFCC had accepted Sunita Narain committee's recommendation of a Rs.200 crore environment restoration fund. But, in September 2015, the MoEFCC passed an order and said there was no legal basis for an environment restoration fund under the Environment Protection Act. The plea stressed that the September 2015 was "perverse as it was contrary to the ministry's earlier observations and directions it had issued in previous show cause notices." It has thus also sought directions from NGT to continue proceedings as per the earlier show cause notices.