india

Updated: Feb 19, 2020 01:57 IST

The exemption given to the Adani-developed Mundra SEZ by the Expert Appraisal Committee may or may not be accepted by the environment ministry, a senior official said.

The environment ministry takes the final call on recommendations by the expert appraisal committee (EAC) on terms of reference (ToR) and clearance issued or declined to any project, the senior environment ministry official said, responding to the panel’s decision to exempt Adani Ports and Special Economic Zone Limited in Mundra, Gujarat, from conducting a public hearing on its proposed expansion.

“All EAC decisions are recommendations which come to us. We can choose to accept or reject it. The decision on exempting the Mundra SEZ from public hearing will also come to us. We will take a decision based on what EAC had observed earlier,” the official added, requesting anonymity.

At a meeting held on January 28, the EAC on infrastructure and coastal regulation zone (CRZ) projects, decided that the expansion project will not be required to conduct a public hearing because the environment impact-assessment notification 2006 and subsequent amendments to it say that all projects and activities located within industrial estates or parks which are approved by the authorities are exempt from one.

“The project proponent applies online, the application is then put before the expert appraisal committee which has expert members; the chairman is also an expert member. There are no government members. After the EAC makes a recommendation, the environment ministry examines it. There are three or four options after that --the recommendations are accepted, they can be referred back to the EAC, or rejected; they are sent to the environment minister, who takes a call,” the environment ministry official cited above said.

But the terms of reference (TOF) for the expansion of the project issued by environment ministry on May 17, 2019, accessed by Hindustan Times from the ministry’s Parivesh website, suggests that EAC directed Adani Ports and Special Economic Zone Limited to actually conduct a public hearing for expansion. “Public hearing to be conducted and issues raised and commitments made by the project proponent on the same should be included in environment impact assessment/ environment management plan report in the form of tabular chart with financial budget for complying with the commitments made.” the TOR said.

EAC subsequently changed its mind. HT reported on January 28 that the Mundra port waterfront development project was seeking an exemption from conducting a public hearing for its expansion -- a move that sparked resistance from the fishing communities in villages in and around Mundra -- and on February 14 that EAC was going back on norms laid down by itself earlier and accepting the Adani Group’s plea for exemption from a public hearing.

“The central government takes a final decision on amending ToR or approval condition for such projects, including that of public hearing exemptions. In the present case too, the environment ministry can review the EAC’s recommendation. Given the longstanding history of conflicts and litigation in the area, it will be important that public hearing is conducted with full transparency, ensuring informed and maximum participation. The environment ministry may consider appointing an oversight panel to ensure that this happens,” said Kanchi Kohli, legal researcher at the Centre for Policy Research.

Kamlesh Gadhvi, the sarpanch of Sadau group gram panchayat in Mundra, said: “We are drafting a letter to the EAC to inquire why our submissions were not considered or referred to in the EAC minutes. The environment ministry should consider our views before taking a final decision. They should also study satellite images to verify compliance with the terms of the environmental clearance granted to the project.”

Around 30,000 families are engaged n fishing in Kutch many of whom are impacted by the SEZ project,according to Bharat Patel, general secretary of Machchimar Adhikar Sangharsh Sangathan, which represents the fishing community.

The issues raised by the fishing community include alleged loss of common grazing land due to the port project in Navinal gram panchayat, damage to fishermen’s boats and nets, pending conservation plan for creeks and mangroves and pending action plan for protection of fishermen’s livelihoods.

A senior executive at Adani Group said the group had no comment to make on the matter.