JUSAB KASAM MANJALIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) Present petition under Article 226 of the Constitution of India is filed for the purpose of seeking following reliefs:-

(2.) The background of facts which has given rise to filing of present proceedings is that petitioners are stated to be permanent residents of Mundra Taluka in District Kutchh- Bhuj. Petitioner Nos.1 to 3 are fishermen of village Luni, whereas petitioner Nos.5 and 6 are farmers and businessmen residing in Mundra within geographical area of respondent No.6. Petitioners have stated that majority of them have attended public hearing for environmental clearance of the project of Waterfront Development and/or for Special Economic Zone. Petitioners as such are not only concerned but also adversely affected by any industrial growth in the area, especially on account of respondent M/s. APSEZL undertaking certain industrial activity which are stated to be hazardous to the environment and antithetic to the sustainable development principle. According to petitioners, the basic grievance is that order dtd. 18/9/2015 appears to have not been implemented in true letter and spirit to protect the environment against hazardous activities of respondent M/s. APSEZL.

(3.) It is the case of the petitioners they are fishermen and are unable to carryout fishing activity even if they possess licenses because of the activities undertaken by 6 th respondent M/s. APSEZL which is hazardous to the environment. Project in question is for developing Waterfront Development which includes North Port, South Port, West Port and East Port at Mundra, District Kutchh and authority has extended the Environmental Clearance initially to M/s. Mundra Port and SEZ Ltd. (now, M/s. Adani Port and SEZ Ltd.). Same was extended by issuance of notification of Environmental Impact Assessment and under Coastal Regulation Zone Notification, 1991 for Waterfront Development Project on 12/1/2009. Said clearance was extended to the respondent with specific conditions which are stipulated in it and narrated by petitioners in paragraph 4.3 of the petition. In addition to such conditions, on 19/1/2009, an Addendum was issued by respondent MoEF, Government of India with respect to EIA and CRZ clearance accorded on 12/1/2009.