Adani asked to pay Rs 25 cr for restoring environment

Firm says no impact on port operations

In what can be termed a major setback for Gujarat-based Adani Hazira Port Private Ltd (AHPPL), the Supreme Court on Thursday refused to vacate the cancellation of environmental clearance, which was granted earlier. The court on Thursday directed the Adani group to deposit Rs 25 crore with the Surat collector on the allegation that it had damaged environment while building infrastructure for the Hazira port.

The National Green Tribunal had ruled earlier that the project was expanded in an irresponsible manner and quashed the environment clearances. It also imposed Rs 25 crore as penalty. The money deposited at the court’s instance will be utilised for demolition of unauthorised structures and restoration of environment.

The Adani group challenged the NGT ruling in the Supreme Court. The bench, headed by Chief Justice T S Thakur, has issued notices to the ministry of environment and forests (MoEF) and the Gujarat Maritime Board, among others. They will have to reply within four weeks.

AHPPL is a wholly-owned subsidiary of Adani Ports and Special Economic Zone (APSEZ), which, in a media statement, said: “AHPPL has challenged the order dated 8.1.2016 passed by the National Green Tribunal, Pune, inter alia, cancelling the EC 3.5.2013 for expansion of facilities.”

The company also highlighted that the apex court had allowed port operations to continue as usual, and, hence, there is no impact on port operations. The environment clearance (EC) dated May 3, 2013, issued by the MoEF had permitted construction of liquid cargo storage, which is already completed.

The company said on Thursday, “The court has said we can continue construction activity as per EC dated 26.6.2003, which was anyway not challenged. Thus, there is no impact on further construction as well. Hence, neither our construction nor operations are affected in any manner.”

Senior counsel P Chidambaram tried to show to the judges that the project was going on with every clearance demanded by law. Every authority has filed affidavits affirming clearances.

Ships are docking and 10 miilion liquid cargo is arriving now while the target is 15 million a year.

All equipment prescribed by environment laws are in place and functioning, counsel asserted. However, the chief justice pointed out from the reports that the claim of functional set-up has been doubted by the reports of the monitoring committee.

Chidambaram submitted that more than a thousand workers will be thrown out of construction works, if the project expansion was stopped.

On the other hand, the petitioners, led by Hazira Fishermen Committee, maintain that at least 300 families of the fishermen community in the area would be rendered jobless because of the wanton development.

On the allegation that 500 acres of mangrove have been devastated by the project, Chidambaram stated that replacement has been made. He reiterated that the NGT order was wrong on 20 counts as it had not read the evidence properly.