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

Urgent Press Release : MOEF showcause notice to OPG on CRZ clearance

CRZ application did not disclose the presence of forest land in project area for laying the pipeline for a thermal power plant

Notice seeks explanation from M/s OPG within 15 days on why their
CRZ clearance should not kept in abeyance

In a significant move, the Ministry of Environment and Forests (MoEF) has issued a show cause notice on 6th February 2012 seeking explanation from M/s OPG Power Gujarat Ltd as to why the clearance issued to them under the Coastal Regulation Zone (CRZ) Notification, 2011 on 16th September 2011 should not be kept in abeyance in the light of serious violations by the company in the construction of a 300 MW Thermal Power Plant in the ecologically sensitive Bhadreshwar coast in, Mundra taluka, Kutch District, Gujarat.

This information came to light during a hearing of the National Green Tribunal (NGT) on 8th February 2012 where three separate cases against M/s OPG are being heard challenging environment clearance (issued under Environment Impact Assessment Notification, 2006) and CRZ clearance as well as initiating construction without seeking approval under the Forest Conservation Act, 1980 for diversion of forest land for non-forest use. The cases have been filed by the representatives of the fishing community, salt pan workers and grazing community whose livelihood will be affected with the construction of the project.

The notice states that while seeking approval under the CRZ notification, M/s OPG did not disclose before the Expert Appraisal Committee (EAC) that the route of the sea water pipeline will involve use of forest land. The notice adds that, "the disclosure of information after appraisal of the project amounts to suppersession of information by the project proponent before the Ministry and the EAC at the time of appraisal"

It is important to note that the maps submitted by M/s OPG for CRZ clearance have also not disclosed the presence of forest land near the project area and in the route of the sea water pipeline. According to the show cause notice, M/s OPG has claimed in its reply affidavit in Application No. 32 of 2011 before the National Green Tribunal, that they realised that the sea water pipeline will pass through forest land only after the CRZ clearance had been approved.

Earlier on 15th December 2010, the MoEF had issued a show cause notice to M/s OPG Power Gujarat Ltd as they had initiated construction without procuring the necessary CRZ clearance. The CRZ clearance had been issued on 16.9.2011 following which M/s OPG had applied for approval under FCA, 1980 on 17th October 2011.

In Solidarity

Machimar Adhikar Sangharsh Sangathan
Bhadreshwar Village, Mundra Taluk, Kutch District,
Gujarat. Pin 370411

Activists arrested in Bhadreshwar protesting the illegal construction work of the OPG Thermal Plant

TEN PROTESTORS ARRESTED, VILLAGERS MARCH TO THE POLICE STATION DEMANDING THEIR ARREST OR HALT CONSTRUCTION WORK OF THE OPG THERMAL PLANT

26th November 2011, Mundra - OPG Power Gujarat Limited has again initiated construction of its 300 MW thermal power plant, in its third attempt to break through the deadlock of opposition and regulation that has so far prevented the project from going ahead. The fisherworkers, salt pan workers and grazing communities living on the Bhadreshwar coast are aware of the serious impacts and changes this construction activity will bring to their livelihoods in the near future. Under the banner of Machimar Adhikar Sangharsh Sangathan (MASS) a fishworker's trade union the villagers have been protesting against this initiative since 2009.

The OPG Group’s initial public hearing in 2009 to set up the 300 MW thermal plant was met with unprecedented and unanimous opposition from the local community mainly fishworkers, saltpan workers and farmers whose livelihoods are under threat due to the project. While the state SEIAA was deliberating on the issues, OPG applied to MoEF for expansion to 2600 MW, which clearly shows the mischievous intent of getting the two clearances parallel - 300 MW from the Gujarat State Environment Impact Assessment Authority (SEIAA) and the ToR from the MoEF for the Environment Impact Assessment. The pending approval from the SEIAA was not at all mentioned in the application to the MoEF. This piece of information was only revealed when an RTI application was filed by MASS. A petition was sent to Mr Jairam Ramesh on 26 February 2010 which highlighted the OPG group has deliberately tried to mislead the concerned authorities, and therefore their proposal is liable to rejection invoking Section 8 (vi) of the EIA notification. It is important to note the number of irregularities done by this company. In June 2010, OPG received its environment clearance from Gujarat SEIAA for its 300 MW plant, with 121 conditions, however due to the location along the coast; this project also needed additional permissions under the Coastal Regulation Zone (CRZ), 1991 notification. This permission was denied by the MoEF Expert Appraisal Committee in July 2010. The company was asked to submit a revised proposal clearly stating that the coastal environment would be negatively impacted by the construction of an open channel. In spite of this, the company went ahead with its construction activity due to which it was slapped a show cause notice on 15th December 2010 by the MoEF.

On 16th September 2011 the company got its approval under the CRZ notification, yet again with a long list of conditions attached, however the forest permission (needed to convert lands for non-forest use) has not yet been granted. But the company has started its construction and is going ahead without obtaining necessary clearances. MASS has written a letter dated 1st November, 2011 to the Environment minister, forest department, police department officials highlighting this violation and urging immediate action. (Annexure 1). Instead of taking action to stop the illegal construction, the police department sanctioned police protection to the company for its illegal activities. MASS’ appeals to senior police officials to revoke their support to the illegal activities of the company met with deaf ears. (Annexure 2). Meanwhile, the company, emboldened by the inaction of the environment ministry and the support of the police, went ahead with the construction with the full knowledge that its actions are in clear violation of environment and forest laws.

The activists of MASS opposed this move and since the last four days the women from Bhadreshwar Bandar have been protesting against this unapproved construction with no complete clearance till now, which irked the company and today 26th November 2011, ten leaders and activists of MASS which includes Kirit Singh Javeja, Hussein Kara, Ahmed Majlia were arrested by the police and taken to the Mundra police station. Approximately 300 villagers have marched to the police station in Mundra and are protesting against this arrest and have made it clear to either arrest all of them, as that’s the only way the company can continue its illegal construction.

The people of Mundra coast are waging this struggle to protect the commons on which their survival depends, human dignity and right to livelihoods.

Fishermen up ante over proposed Kutch power plant

The below article was published in the Indian Express, dated Dec 2nd, 2010.

Adam Halliday, Dec 2, 2010

Union Minister for Environment and Forests Jairam Ramesh has taken cognisance of the letters sent by the fishermen of Kutch in connection with the setting up of a power plant in the area.
The fishermen had stated in their letters that OPG Power Gujarat Private Limited, a subsidiary of the UK-based OPG Power Ventures PLC, had begun work on a 330 MW power plant before getting the required clearances.

In his reply to the letter, Jairam said: “Our information is that no actual project work has started yet. The company’s proposals are being examined by the Gujarat State Coastal Zone Management Authority which will make its recommendations after which a decision will be taken.”

He added: “You must get all the facts right before launching such a campaign. First, a 300 MW power plant needs no environmental approval from MoEF. Only 500 MW and above come to us for environmental approval. Secondly, this project has yet to come to MoEF for CRZ clearance.”


The fishermen, members of a local fishermen’s union, replied back saying the ground reality is different, and attached eight photographs of what they said are of the construction site. The pictures show earthmovers, bulldozers, trailers for the workers, a truck and building materials, all purportedly inside a barbed-wire fencing. They said the photographs were taken at the periphery of the OPG site, as the security guards prevented them from entering the core project area.

They said the company had received clearance from the Gujarat Pollution Control Board, but the CRZ Committee under MoEF had rejected the plans though the company had submitted fresh proposals.

The company had begun work on the plant without having obtained the Coastal Regulation Zone (CRZ) clearance — a violation of one of the conditions in the GPCB’s clearance.

“We would request you to send a Central team for field verification to ascertain the facts. The issues we have raised in the campaign and also written to the MoEF, pertain to OPG’s CRZ clearance and not the environment clearance per se,” the fishermen said.

“The core issue is that though OPG has received environmental clearance from the state government, it has not received CRZ clearance. But it has started construction on the ground, taking for granted that the CRZ committee will approve its proposal. Not only will it create a fait accompli for the CRZ committee, but is also a violation of one of the conditions of the environment clearance,” they wrote.

Company officials told The Indian Express that they are confident that the fresh submissions will cleared and so have begun work.