Villagers appeal in US Supreme Court against Mundra Power Plant

Reported by

Aditi PatilLand Conflict Watch

Last updated on

January 6, 2020

Location of Conflict

Mundra

Kutch

Reason or Cause of Conflict

Thermal Power Plant

(

)

People Affected by Conflict

10000

Land Area Affected (in Hectares)

1242

ha

Starting Year

2011

State

Gujarat

Sector

Power

Coastal Gujarat Power Limited has been operating a 4,150 MW ultra mega imported coal and supercritical technology based power plant at the port city of Mundra in the state of Gujarat. In June 2011, a complaint representing various potentially affected fishing communities was filed with the Compliance Advisor Ombudsman (CAO). The complaint raised issues related to the projects social and environmental impact on fishing communities, decline of water quality and fish populations, blocked access to fishing and drying sites, forced displacement of fishermen, community health impacts due to air emissions, and devastation of natural habitats, particularly mangroves. The total project cost was estimated at $4.14 billion, of which IFC had financed $450 million in the form of a straight senior loan.  The CAO had concluded that IFC had failed to ensure the project met the applicable environmental and social standards necessary for IFC projects. The IFC rejected the CAOs finding. In 2018, petitioners knocked the door of the US Supreme Court after lower courts dismissed their petitions arguing that the IFC enjoyed immunity, like other foreign countries, under the 1945 International Organizations Immunity Act. In their petition, the villagers argued that the Tata Mundra Power Plant has failed to comply with international environmental standards. Local environment has been devastated, according to the plaintiffs, with marine life killed by water discharges from the plant's cooling system and coal dust contaminating the air. Earlier in 2015, the applicants Indian farmers, fishermen, a trade union of fishworkers had sued the IFC in the US District Court for the District of Columbia and lost as the courts had argued that IFC enjoys immunity.

Demand/Contention of the Affected Community

Region Classification

Type of Land

Both

Type of Common Land

Total investment involved (in Crores):

2812

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:

Gujarat State Government, World Bank

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:

International Finance Corporation, Tata Mundra Power Plant

Did LCW Approach Corporate Parties for Comments?

Name, Designation and Comment of Corporate Authorities Approached

Other Parties Involved in the Conflict:

Machimar Adhikar Sangharsh Sangathan , Earth Rights International

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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