SC slams MoEF for outsourcing green report to project promoter

NEW DELHI: The ministry of environment and forest found itself in a spot in the Supreme Court on Friday for asking Nirma Ltd to prepare a study on the flora and fauna in its proposed cement plant project area in Gujarat, a task which should have been done by the ministry itself.

A bench of Chief Justice S H Kapadia and Justices K S Radhakrishnan and Swatanter Kumar said the MoEF prima facie has violated the apex court's landmark judgment on Lafarge cement plant in Meghalaya and asked the ministry to file an affidavit giving reasons why it asked the project proponent to prepare the flora and fauna report.

The ministry under Jairam Ramesh had issued a notice to Nirma asking it to show cause why the environmental clearance granted to the Rs 600 crore cement plant, coke oven plant and captive power plant near village Padhiarka in Bhavnagar district be not cancelled.

The show cause notice was pursuant to findings by an expert committee, which was set up after the March 18 order of the apex court asking it to examine whether lands on which the project is being set up was wetlands/water bodies and if at all the project be allowed, steps needed to protect the environment.

The ministry had on March 12 asked Nirma Ltd to stop work and show cause why the earlier environmental clearance be not cancelled.

After the expert committee report, Nirma held meetings with MoEF officials on July 12 and 25 and pointed out inadequacies in the committee report on flora and fauna.

By a letter dated August 25, the MoEF wrote to Nirma saying, "You are requested to undertake a three month study on flora and fauna in the area as the information/data is not fully available at the stage and to ascertain whether the project area is a wetland or a water body."