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This is an archive article published on April 16, 2010

Nirma plant: High Court reserves judgment on PIL

The Gujarat High Court on Thursday reserved its judgment on a Public Interest Litigation (PIL) challenging the state government’s decision to allocate 268 hectares in Mahuva taluka of Bhavnagar district to Nirma Limited for a cement plant.

The Gujarat High Court on Thursday reserved its judgment on a Public Interest Litigation (PIL) challenging the state government’s decision to allocate 268 hectares in Mahuva taluka of Bhavnagar district to Nirma Limited for a cement plant.

The final arguments by both sides concluded on Thursday before the Division Bench of Chief Justice S J Mukhopadhaya and Justice Akil Kureshi.

The state government has granted 268 hectares to Nirma Limited to set up a cement plant in the region. But the move has faced opposition from the local farmer community led by Mahuva BJP legislator Dr Kanu Kalsaria.

The Shree Mahuva Bandhara Khetiwadi Pariyavaran Bachav Samittee had filed a Public Interest Litigation (PIL) in the HC in 2009 praying direction to the state government to cancel allocation of the land to Nirma Limited.

Petitioner lawyer Anand Yagnik had argued before the HC that the allocation of land was in complete violation of the HC order.

He said 222 of the 268 hectares is part of a water body,which came into existence after prolonged efforts to build check dams in the area to check salinity ingress.

Besides,the HC order states that such land on which water bodies are situated,cannot be acquired by anybody for any purpose.

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The petition had further contended that though the water body was identified,it was for some unknown reason,not notified as a water body.

The state government and Nirma Limited have,on the other hand,contended that the cement plant will not come up on any water body and that the land allocation has been done after considerable debate at various levels.

Advocate General Kamal Trivedi and senior Supreme Court Counsel Dushyant Dave argued on behalf of the state government and Nirma Limited respectively.

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