Gujarat
,
Ankleshwar
,
Bharuch
Published :
Aug 2018
|
Updated :
In Ankleshwar, Activists Demand Closure of Effluent Treatment Plant for Flouting Pollution Control Norms
Reported by
Aditi Patil
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
7200
People affected
2008
Year started
Land area affected
Households affected
7200
People Affected
2008
Year started
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Waste Management
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Waste Management
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban and Rural
Ended
1
Summary

In 2017, Paryavaran Suraksha Samiti (PSS), an NGO, raised a demand to close the Final Effluent Treatment Plant (FETP) of Narmada Clean Tech (NCT) in Ankleshwar, Gujarat. In a letter to the Union Minister for Environment, Forest and Climate Change, the NGO claimed that the FETP did not adhere to the prescribed Gujarat Pollution Control Board (GPCB) norms. It stated that the plant was draining untreated effluents in the water bodies, causing their pollution.  In the letter, the NGO clarified that the company claimed to treat the industrial effluents from Ankleshwar, Jhagadia and Panoli units in accordance with the GPCB norms. Following this, it conveys the effluent through a 52.76 kilometres pipeline into the sea.  Additionally, the NGO stated that the pipeline carrying the effluent from NCT to the sea has several breaks. This causes discharge into the Amla Khadi river, and subsequently, it also flows into the Narmada River and often into the farmlands in various villages.  PSS has issued legal notices to ten respondents including the secretary, MoEFCC, Chief Secretary and Additional Secretary of Gujarat Government, Chairman and member secretaries of the Central Pollution Control Board (CPCB) and GPCB. They seek cancellation of the Consolidated Consent and Authorization (CC&A) granted to the plant. The plant has been in question for failing to adhere to the norms in the past as well. According to the letter, PSS has been opposing the FEPT since 2008. PSS also filed several complaints of noncompliance against the company. In the letter, PSS cited the Supreme Court order dated February 22, 2017, to demand immediate action.  In January 2010, Ankleshwar was declared a critically polluted area. This brought many industrial units under scrutiny for their impact on pollution levels. Narmada Clean Tech was one such company.  Meanwhile, in 2018, Ankleshwar Industrial Associated reportedly urged the Chief Minister to allow increasing the discharge capacity of FELP by 35 Million Litres Per Day.

2
Fact Sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Urban and Rural

Type of Land

Private

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

143.43

Type of investment:

Cost of Project

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Gujarat State Government, Gujarat Pollution Control Board

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:

Narmada Clean Tech

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Paryavaran Suraksha Samiti

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Aditi Patil

Aditi is a freelance development researcher. She has a Master’s in Development Studies from the Entrepreneurship Development Institute of India. She has previously worked with WWF India on forest-based livelihoods and international wildlife trade. She has also worked on the Forest Rights Act in Dangs district in Gujarat. Her paper, “Forest-based livelihoods, Malki practice and Forest Rights Act in Gujarat: The case of Adivasis in the Dangs,” has been published in the book, Adivasis in India: Livelihoods, Resources and Institutions, by Bloomsbury India.

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Fact sheet

Demand/Contention of the Affected Community

Opposition against environmental degradation

Complaint against procedural violations

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

JOIN
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Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


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