NGT asks Gujarat govt not to take coercive action against OPG

The Tribunal passed the orders on an application by OPG expressing apprehension that "taking advantage of the summer vacation of the Tribunal, the authorities may take coercive action against it (OPG)".

A bench headed by Tribunal's Acting Chairperson Justice A S Naidu said the authorities should not take any coercive action against OPG without its prior permission and directed the MoEF to file an action taken report on July 17, the next date of hearing.

"Though we are satisfied that no emergent urgency is there, still we feel the ends of justice and equity would be better served if we direct the authorities to complete the exercise as per our order, but not to take any coercive action without obtaining prior permission from this Tribunal.

"The MoEF is directed to file the report on the action taken by the authorities on the next date of hearing. List this matter on July 17, 2012," the bench said.

The Tribunal had on May 10 directed Gujarat government to initiate proceedings against OPG for allegedly starting the construction work on the project before forest clearance was accorded to it on April 26.

The June 11, 2010 clearance for the 2x150 MW thermal power plant at village Bhadreshwar, Mundra, District Kutch, Gujarat had stipulated that OPG shall not start the work without "all requisite prior permissions".

In the May 10 judgement, the Tribunal had directed the state government and the State Environment Impact Assessment Authority (SEIAA) to initiate proceedings against OPG, issue show cause to them and "on perusal of the cause shown, if satisfied that the project proponent has violated the terms and conditions of the environment clearance or had committed any other omission or commission and/or encroached upon Khari river unauthorisedly, take such action as deemed just proper and in accordance with the law".