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It is the say of the petitioners that, if the respective units to come within the SEZ also fall within Schedule-A or B industry, then they also independently require environmental clearance once the SEZ is granted clearance.

It is the case of the petitioners that respondent - MPSEZ at Mundra, which is owned by the Adani Group headed by Mr.Gautam Adani is one of the largest multi-product Special Economic Zone in India. MPSEZ is still waiting for prior Environmental Clearance by the Ministry of Environment and Forests, Government of India. Public hearing for environment clearance of respondent - MPSEZ was held on 5th September 2010. Till date prior environment clearance has not been granted to the respondent - MPSEZ.

Instances have come to the notice of this Ministry where the project proponents have undertaken construction activities relating to the project at site without obtaining the requisite prior environmental clearance as is mandated under the EIA Notification, 2006. It is to reiterate that the EIA Notification, 2006 mandates prior environment clearance to be obtained in respect of all the activities listed therein following the prescribed procedure. No activity relating to any project covered under this Notification including civil construction, can be undertaken at site without obtaining prior environmental clearance except fencing of the site to protect it from getting encroached and construction of temporary shed(s) for the guard(s).

The company has acquired land at a price of Rs.2 to Rs.10 from the state government and then sold it back to Government companies like IOC, IPCL at exorbitant rates of around Rs.600/-. This is misuse of taxpayers' money and only the company is making profits. The Mundra SEZ should not be allowed.

The Waterfront development project of the company was given environment clearance inspite of people's opposition and it is causing great damage to the environment. The workers employed by the company are cutting mangroves and using it as fuel wood. The mangrove cover is reducing day by day. This will affect marine life in a significant way. What does the company say in this regard ?

In view of the above objections, I demand that :

The Adani Mundra SEZ must not be given Environment Clearance.

Construction has already taken place in the area notified for the SEZ. The environment public hearing committee may visit these areas and take videography of the construction that has taken place and submit it to the authorities.

The construction that is going in the SEZ area must be stopped immediately and heavy fine imposed on the Adani group for the violations."

If respondent nos.10 and 11 are permitted to go ahead with the construction so far as their units are concerned on the assumption or hope that environmental clearance would be granted to the MPSEZ in recent future, and in the same manner if other units also identically situated like respondent nos.10 and11 proceed ahead, then practically the right of appeal which has been provided under the Act against grant of environmental clearance to any aggrieved person would also stand frustrated.