National Green Tribunal directs that no construction till all approvals are obtained by OPG

The National Green Tribunal on 08-2-20012 in a Judgment [Order made available on 14-2-2012 at www.greentribunal.in] directed that no construction activity should take place with respect to the 300 MW (2x150 MW) Thermal Power Plant at Village Bhadreshwar, Taluka Mundra by OPG Power Gujarat till all approvals are obtained by the Project Proponent. Construction had commenced at the site without all the required approvals including the Forest (Conservation) Act, 1980 and CRZ clearance. The ongoing constructions were challenged before the National Green Tribunal by Fisherfolks, Saltpan Worker and local villagers. The work on the project continues despite the fact all required approvals were not in place

The NGT in its judgement cited the environmental clearance letter which clearly stipulates that the project proponent shall not start any construction/ project enabling activities unless and until environmental clearance as well as all requisite prior permission/ clearances are obtained. [Para 13 of the Judgment].

The NGT held ‘that a cumulative reading of all the specific and general conditions…leads to the conclusion that the project cannot commence its activities until prior permission/ clearances are obtained from various authorities under different Acts/ law’.

The NGT further held that ‘it is well settled that in the absence of permission under the Forest (Conservation) Act and CRZ clearance , the EC granted in favour of Respondent No 3 becomes redundant in as much as the said EC is subject to permission and clearance granted under the Forest (Conservation) Act, 1980 and the CRZ clearance”

It is pertinent to point out that the Forest Clearance application was rejected by the Government of Gujarat and the MOEF has on 6^th February, 2012 issued a Show Cause to OPG Groups to show cause as to why the CRZ Clearance should not be kept in abeyance.

As a result of the Present Judgment of the NGT, OPG Power Gujarat cannot proceed with its project unless they secure all approvals and responds to the Show Cause issued by the MoEF with respect to the CRZ Clearance. In case OPG proposes any change, they have to apply to the concerned authorities for approval.

Indian Express

http://www.indianexpress.com/news/Green-Tribunal-flags-red-for-OPG-s-power-plant/912352/

Business Standard

http://business-standard.com/india/news/green-setback-for-opg-power-plant/464748/

Hindustan Times

http://www.hindustantimes.com/India-news/NewDelhi/Green-tribunal-stops-Gujarat-power-project/Article1-811498.aspx

Divya bhaskar Gujarti News

http://www.divyabhaskar.co.in/article/KUT-BUJ-opg-power-plant-green-tribunal-stop-order-2863291.html

Kutch Mitra

http://www.kutchmitradaily.com/News.aspx?id=50800

http://economictimes.indiatimes.com/news/news-by-industry/energy/power/stop-opgs-power-plant-work-at-mudra-untill-it-gets-environmental-clearance-national-green-tribunal/articleshow/11897865.cms

http://www.moneycontrol.com/news/wire-news/stop-opgs-power-plant-work-at-mudra-gujarat-green-tribunal_668318.html

http://www.asianage.com/india/stop-opgs-power-plant-work-mudra-gujarat-green-tribunal-856

http://www.infraline.com/todaynews/National-Green-Tribunal-Directs-Opg-Power-Gujarat-To-Stop-Work-At-Its-300-Mw-Thermal-Power-Plant/1/3/3/02_15_2012.htm

http://www.allvoices.com/news/11516885-green-tribunal-flags-red-for-opgs-power-plan

http://ibnlive.in.com/generalnewsfeed/news/greenmudra-2-last/963749.html

http://www.indiaenvironmentportal.org.in/news/green-setback-opg-power-plant

http://www.deccanchronicle.com/channels/nation/west/stop-opgs-power-plant-work-mudra-gujarat-green-tribunal-387

Development Vision of the Fisherfolk along Bhadreshwar Coast

Development VIsion of Traditional Fisherfolk along Bhadreshwar Coast

Kutch Coast - People, Environment and Livelihoods

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Kutch Coast Study - Fishmarc and Kutch Nav Nirman Abhiyan

OPG's Divide and Rule ploy defeated as Court decides not to withdraw PIL

UK Based OPG Group has been trying to illegally start construction on a power plant in Bhadreshwar village in Mundra coast. British company OPG Power Ventures Plc, or OPG as it is known, has also been accused of breaching environmental laws and being complicit in violations against local people in India. OPG, a power-supply company is planning to build a 300 MW coal-powered power station on the Mundra coast of the State of Gujarat. The Mundra coast is known as an ecologically-sensitive zone, with an abundance of mangroves, corals, and wildlife. The coastal waters also provide the source of income for the ten thousand fishermen who live within 5kms of the proposed plant.

Fisher-folk of Bhadreshwar village had approached the Gujarat High Court in August regarding the OPG Power plant issue. In their PIL, they had explained how the project is not in public interest and the company has been providing false and misleading information to the public/ Govt authorities. They also alleged that the company has been trying to start construction work illegally even without the mandatory Environmental Clearance and the district administration has remained a mute spectator to the company's violations inspite of repeated complaints from fisherfolk and other local communities. The fisher-folk have prayed that the Hon. High Court put an end to all these illegal activities of OPG group.

Realising that their game in Bhadreshwar is about to end, the OPG group has been allegedly resorting to various unfair and unethical means to subdue the fisherfolks' struggle.

Several fishermen, including those who were not present during the clashes in August, have been falsely implicated in criminal cases and jailed for over 2 months.

In the second week of Nvomenber, the president of the Kutch Zila Machimar Association, Suleiman Ali, wrote to the fisherfolks' advocate and 11 other authorities, including the OPG company asking for withdrawal of the PIL. Quoting him from his letter(written in English), "I have come to the conclusion that the scope of the OPG Power project at Bhadreshwar and the implementation and the operation of the project will not effect any fishermen and / or members of our association and people living in Bhadreshwar and surrounding villages and their villagers". Fishermen wonder, who wrote this letter in Corporate Style English for Suleiman Ali who doesn't know English.

Angered by this letter, fishermen representatives attended court yesterday(26th Nov) and submitted an affidavit saying that their PIL needs to be pursued in the interest of 23,000 people. Quoting from one of the affidavits, "I have come to know that our President Shri.Manek Haji Suleiman Ali has, against the inteest of about 23,000 people, joined hands with OPG Company and written a letter asking for withdrawal of the PIL. We have not given any authority to Sulieman Ali to withdraw the PIL. The people of our village are against OPG Power project. All of us want to pursue the PIL in the interest of justice and interest of village people"

During the hearing, the Government Advocate(on behalf of Kutch Collector) court submitted Suleiman Ali's letter and argued that the PIL be withdrawn. But, the court accepted the Fisherfolks' argument that the company was trying the "divide and rule" ploy and one man's betrayal cant stand in the way of larger public interest and the lives and livelihoods of nearly 23,000 people. Favoring the fisherfolks' plea to allow the PIL to continue, the court has issued notices to all respondents, including OPG.

Violent twist to the hitherto nonviolent struggle by Fisherfolk against OPG power plant

Click here Sign a Petition to urge the Government officials to stop the illegal and fraudulent activities of OPG Power Plant.

Fisherfolk in Bhadreshwar village and nearby villages have been opposing the 300 MW OPG power plant proposed in Bhadreshwar Village for several months. The local communities mainly feared the harmful impact of the power plant upon their health and livelihoods and the company’s EIA report created grave concern about loss of livelihoods of nearly 20,000 fisherfolk and salt pan workers. See Likely impact of Industries on Fishing

The public hearing for the Environment Clearance of the project held on May 29th 2009, witnessed unprecedented opposition by Fisherfolk, Salt pan workers and other members of the local communities. After the public hearing, several representations have been made to various authorities such as the GPCB, MoEF highlighting the fraudulent methods being used by OPG in order to get Environment Clearance for the project. See Public hearing for OPG Power Project in Bhadreshwar village, 29th May, 2009.

Since July, the fishing community had been put under lot of pressure due to several attempts by OPG to start construction activity even before Environmental Clearance was given for the project. On August 5th, several trucks arrived at the project site and they were gently asked by representatives of the Fishing community not to start construction as clearance had not yet been obtained. A Letter was issued to the local Panchayat to ensure that no construction is started without Environmental clearance.

However, the company made another attempt on August 9th to start construction and this time brought private security guards with them. The representatives of the fishing community got legal notices issued to the company not to start construction without clearance and to government officials not to abet the unlawful activities of the OPG group. See Community Gears up to Stop Illegal Activity by OPG Power Plant

Inspite of these efforts, no action was taken by the Government authorities to enforce law and the company, in its desperation to start construction hired and stationed 15 persons from the local community as security guards in the project site on August 22nd. This led to a clash on August 23rd between member of the fishing community and the security persons, which led to 7 people getting injured and two motorcycles being burnt. Among the persons injured were four members of the Fishing community, 2 members of Luni village, and 1 person from Bhadreshwar village.

In response to a complaint filed by the father of the injured person from Bhadreshwar village, the Mundra police have arrested 31 persons from the Fishing community.

Kutch Fishworkers' Issues in the press

Google, Facebook power Kutch Fishing community protest The Indian Express, May 18, 2010

Port expansion poses threat to mangroves CNN IBN, May 05, 2010

Sea level rises, Gujarat coast in trouble CNN IBN, April 02, 2010

Environment clearance: A sham again India Together, March 23, 2010

Development and Displacement: Resentment in the Kutch Economic and Political Weekly, February 20, 2010

Villagers raise voice against land allotment for industrial purpose Indian Express, February 08, 2010

Tension grips Mundra Village over proposed power plant Indian Express, 28th August, 2009

Centre plans law to protect fishermen Times of India, August 13, 2009

May check if CRZ norms violated at Mundra: Jairam Indian Express, August 13, 2009

Govt to probe alleged CRZ violation by Mundra Port The Hindu, August 12, 2009

SC issues notice to Adani, others on Mundra SEZ Indian Express, August 11, 2009

SC issues notice to Adani, others on Mundra SEZ Live Mint, August 10, 2009

SC notice to Adani, others on Mundra SEZ Hindu Business Line,August 10, 2009

Gujarat asked to secure Fisherfolk's livelihood Mint, July 29, 2009

National body orders state govt to ensure unhindered fishing in Mundra Indian Express, July 28, 2009

Save India's Beaches NDTV 24x7, Series of programmes in 2009


See the complete story "Gujarat's Mangrove under threat" on NDTV 24 X 7, which reports on extensive environmental damage allegedly caused by the Adanis' Mundra Port and SEZ. NDTV 24x7, June 08, 2009

EIA clearance hearing for proposed Thermal plant witnesses strong protest Indian Express, May 30th, 2009

OPG Power Plant Opposed DNA, May 30th, 2009

Fishermen protest against Bhadreshwar power project Times of India, June 2nd, 2009

Fishermen Body threatens to boycott elections Indian Express,April 17th,2009

Port a threat to Mangrove forests in Mundra (Gujarat) Mangrove Action Project, Dec 27th, 2008

Mundra Waterfront Project at the cost of 10,000 families? Indian Express, Dec 07th, 2008

How Mundra became India's Rotterdam InfoChange News & Features, December 2008

Impacts of MPSEZL (Mundra Port and SEZ Limited) on environment and people of Gulf of Kutch Mangrove Action Project, Nov 14th, 2008

Satyagraha likely over land allotment to Mundra SEZ Thaindian News, July 10th, 2008

SC Stays construction on Adani Group's Mundra SEZ The Financial Express, July 01, 2008

Villagers veto sale of grazing land to Mundra SEZ India Environmental Portal, May 30th, 2008

Nature lovers upset as axe falls on Mangroves for SEZ Indian Express, March 22, 2008

Mundra SEZ spells displacement for fisherfolk Down to Earth, March, 2007