The Tribunal held that OPG had started construction work at the project site before Forest Clearance was accorded to it on April 26 which was in violation of the conditions laid down in the environment clearance granted to it on June 11, 2010.
The June 11, 2010 clearance for the 2x150 MW thermal power plant at village Bhadreshwar, Mundra, District Kutch, Gujarat had stipulated that OPG shall not start work without "all requisite prior permissions".
"The forest clearance was admittedly granted to the OPG only on April 26, 2012. Thus, any construction made before the said date would be hit by the terms of environment clearance," a bench headed by Tribunal's Acting Chairperson Justice A S Naidu said.
OPG counsel Kamal Budhiraja, however, said "the order has not held the company to be in violation of environment clearance."
He said the Tribunal has merely directed the Gujarat state authorities to ascertain whether allegations made against the company are factually correct.
In the order, the Tribunal directed the state government and the State Environment Impact Assessment Authority (SEIAA) to initiate proceedings against OPG for the violation within a period of four months.
"In view of the discussions made above, we direct State Government/ SEIAA, Gujarat to initiate necessary proceedings against the Project Proponent (OPG), issue show cause to them and on perusal of the cause shown," the bench said. (More)
