SC conditional permission for APSEZ units to resume operations

The Supreme Court today granted conditional permission to industrial units within the Adani Port Special Economic Zone (APSEZ) in Gujarat to resume operations asking them to desist from carrying out any further construction until environmental clearance from the Centre.
A three-judge forest bench headed by Justice A K Patnaik issued notices and sought response of the Ministry of Environment and Forest on an appeal filed by APSEZ against the Gujarat High Court's order.
The bench, also comprising justices S S Nijjar and F I Kalifulla, sought response from PIL petitioners, on whose plea the high court on January 13 had directed 12 units within the APSEZ, which was earlier called MPSEZ (Mundra Port Special Economic Zone), to stop operations until environmental clearance is obtained for it from the Union government.

It clarified that is was not staying the high court order.
The apex court retained the high court order which had said that the Centre has to decide within 30 days whether the environmental clearance should be granted.
The high court had said, "There shall not be any further activity in the form of construction, etc, including the functioning of the units in the area in question."

"APSEZ has no environmental clearance and the units are operating in the absence of a valid environmental clearance from the central government," the high court had also said, adding the APSEZ must obtain environmental clearance first.

"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 high court had 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 30 days," the HC said.