Essar damaging marine national park in Gujarat

Reported by

Aditi PatilLand Conflict Watch

Last updated on

January 6, 2020

Location of Conflict

Salaya

Jamnagar

Reason or Cause of Conflict

Thermal Power Plant

(

)

People Affected by Conflict

2000

Land Area Affected (in Hectares)

326

ha

Starting Year

2008

State

Gujarat

Sector

Power

In 2016, National Green Tribunal had admitted a case against Essar Group's upcoming port project in Salaya, Jamnagar district, Gujarat, on the grounds that it is affecting the ecology of Gulf of Kutch Marine National Park as well as mangroves and coral reefs in the vicinity, besides endangering the livelihoods of over one lakh fishermen. The case was filed by the Salaya Fishermen's Association and 10 individual fishermen working near the proposed port at Salaya village and was admitted by the NGT's Western Zone bench in Pune on 21 September 2016. The fishermen claim that the port was granted environment and coastal zone clearance in 2009 based on wrong information about its proximity to the marine national park. The petition says that the environment impact assessment, on which the clearance was given, does not mention mangroves or coral reefs. The fishermen also allege that the public hearing, which happened in February 2008, was an eyewash" since it happened in a school 32 km away and no notice was circulated in their village. The environment clearance was first challenged before the Gujarat High Court. In September 2011, a bench of the HC consisting of the then Chief Justice SJ Mukhopadhya had barred Essar from cutting mangroves or destroying flora and fauna and indulging in any activity around the park. In 2015, the HC had transferred the case to the NGT's Western Zone bench in Pune. Essar had moved the Supreme Court against this transfer, which the apex court subsequently stayed. In their petition before the NGT, the fishermen claim that Essar has used the stay as the ground for restarting construction activities, even though the SC had not stayed the Gujarat High Court's earlier stay order on construction at the port. The petition claims that the jetties, once constructed, would occupy most of the sea face and affect the livelihoods of over one lakh persons dependent on fishing activities. In 2017, the NGT then appointed a threemember Court Commission to ascertain exact area being used by Essar Bulk Terminal Limited to construct two jetties.

Demand/Contention of the Affected Community

Region Classification

Type of Land

Both

Type of Common Land

Forest and Non-Forest

Total investment involved (in Crores):

1000

Type of investment:

Year of Estimation

Has the Conflict Ended?

When did it end?

Why did the conflict end?

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Whether claims/objections were made as per procedure in the relevant statute

What was the claim(s)/objection(s) raised by the community? What was the decision of the concerned government department?

Legal Processes and Loopholes Enabling the Conflict:

Legal Status:

Status of Case In Court

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Case Number

Major Human Rights Violations Related to the Conflict:

Whether criminal law was used against protestors

Official name of the criminal law. Did the case reach trial?

Reported Details of the Violation:

Date of Violation

Location of Violation

Nature of Protest

Government Departments Involved in the Conflict:

Ministry of Environment, Forests and Climate Change

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Essar Bulk Terminal

Did LCW Approach Corporate Parties for Comments?

Name, Designation and Comment of Corporate Authorities Approached

Other Parties Involved in the Conflict:

Salaya Fishermen's Association

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:
No Images Available

Documented By

Aditi Patil

Reviewed By

Aditi Patil

Updated By

Aditi Patil

Edited By

Aditi PatilLand Conflict Watch
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