The Ministry of Environment and Forests (MoEF) has directed Adani Port and Special Economic Zone (APSEZ) to restore all the creeks, water bodies and reclaimed land at the North Port area of the Mundra block in Kutch district to the pre-2005 status within six months.
In a show-cause notice issued in view of the alleged violation of environment laws, the ministry said the environmental clearance to APSEZ’s North Port would be revoked if the company didn’t reply to the notice within 15 days. The notice was issued on September 30.
The company has also been asked to consider returning the gauchar, or common village land, to the villages concerned and invest in improving the productivity of this land.
When contacted, APSEZ declined to comment on whether it had replied to the notice.
The notice followed the MoEF accepting the recommendations of a five-member committee headed by Sunita Narain, director general of the Centre for Science and Environment. In a report to the ministry in April, the committee had said APSEZ had violated environmental clearance conditions. The committee had also recommended the imposition of a penalty on the company, part of the Rs 40,000-crore Adani Group.
“In view of the violations noted and the recommendations made by the committee, you are requested to explain within 15 days of receipt of this notice as to why the clearance granted to the North Port shall not be cancelled. Pending decision on the show-cause notice, the clearance granted to North Port is kept in abeyance. Therefore, the status quo ante for any constructions/development in the North Port site as on date should be maintained,” the ministry said in its notice.
The ministry also issued a number of directions to APSEZ, based on the recommendations of the committee. These include restoration of the creeks and reclaimed land at North Port. “North Port area and Bochha island should be declared a conservation zone and the area should be protected. All the creeks, water bodies and reclaimed land in these areas should be restored and brought back to the pre-2005 status within six months.”
The company has also been asked to prepare a specific action plan to protect the livelihood of fishermen “whose marine ecology and catch and access to the sea nave been seriously affected by the violations committed by the project proponent (APSEZ) within six months, with a specific plan for fishermen, their access and protection of their livelihood.” APSEZ has been asked to provide necessary support for the development of an exclusive fishing harbour at Badreshwar.
Based on the recommendations of the Sunita Narain committee, the ministry said, “As a deterrent for non-compliance and violations, APSEZ shall set up an environment restoration fund, distinct and separate from CSR (corporate social responsibility) activities under the company law, amounting to Rs 200 crore, or one per cent of the project cost, whichever is higher, to be used for remediation of environmental damage in Mundra.” The fund would be operated under the chairmanship of the secretary, environment and forests.
The ministry has advised APSEZ to ensure all the projects constructed within the special economic zone secure environment clearances under the EIA Notification, 2006.
