HC asks Adani SEZ to get environment nod, freezes construction

The Gujarat High Court today directed the industrial units within the Adani Port Special Economic Zone (APSEZ) to stop operations until environmental clearance is obtained for it from the Union Government.
The order of the division bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala would affect 12 units.
"There shall not be any further activity in the form of construction, etc, including the functioning of the units in the area in question," the division bench said.
"APSEZ has no environmental clearance and the units are operating in the absence of a valid environmental clearance from the Central Government," the court said, adding that APSEZ must obtain environmental clearance first.

"According to the Environment Impact Assessment notification, 2006, in order to have right of creation of infrastructural facilities over the land allotted, prior approval of the Central Government is necessary before making any construction, and without having acquired such right, the APSEZ, the allottee from the government, could not have conveyed such rights to its lessee," the court said.
The judges also directed the Centre to decide, within a month, whether the environmental clearance should be granted.
"Central Government should take a decision of its own as to whether environmental clearance should be granted in favour of the APSEZ, and if yes, then on what terms and conditions," the bench said.

"The Central Government is directed to take a decision of its own so far as the issue of grant of environmental clearance is concerned considering the position prevailing as of date and also the aspects highlighted in this judgement, within a period of thirty days," the HC said.