Gujarat court clears decks for Nirma cement plant

By IANS
Monday, September 27, 2010

GANDHINAGAR - The Gujarat High Court Monday dismissed a review petition filed by villagers opposing acquisition of land for the Nirma Cement plant in Bhavnagar district.

In a judgment pronounced Monday, a division bench of Chief Justice S.J. Mukhopadhaya and Justice Akil Kureshi rejected the plea of the petitioners on merits, declining to review its earlier judgment.

On April 26, the high court conditionally allowed the company to proceed with the construction of the cement plant.

The review plea was related to a public interest litigation which was earlier filed alleging that the cement plant at Mahuva in Bhavnagar district would affect the reservoir in its vicinity.

The petitioner claimed that the plant could prove harmful to the environment as well as agriculture in the surrounding villages.

The review petition was filed by the Mahuva Bandhara Kethiwadi Pariyavaran Bachav Samiti and others, contending that the judgment was erroneous.

During arguments, respective counsel for the state government, central government and Nirma company contended that the review petition was not maintainable.

Advocate S.B. Vakil argued that the order of the high court can be seen in violation of an earlier order, wherein a bench issued directions not to disturb a water body at any cost.

In April, the court directed Nirma to surrender 46 hectares land to the state government. Earlier, the company surrendered 54 hectare land as per recommendations of a committee.

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