From a legal perspective, 2008 has been noteworthy for the corporate world as the Supreme Court cleared the environmental hurdles for three projects, which entailed investments in billions of dollars.
The special forest bench, popularly called the 'Green Bench', which has taken upon itself the task of giving environmental nod to industrial units, gave green signals to the 51,000-crore (Rs 510-billion) Posco project, allowed Sterlite Industries to mine bauxite from eco-sensitive Niyamgiri hill area for its proposed Rs 4,000-crore (Rs 40-billion) aluminium project, and also gave its nod to forest diversion proposal for the 3,960-MW Sasan Ultra Mega Power plant by Reliance Power.
The bench, headed by Chief Justice K G Balakrishnan, allowed Posco India Pvt Ltd, a subsidiary of Korea-based Posco, to set up the Rs 51,000-crore mega plant, which would produce 12 million tonne per annum of the steel, and a captive minor port in Paradeep, Orissa.
The apex court has also cleared forest diversion proposal for the plant site, which need more than 1,253 hectares of forest land.
The court, while directing the Orissa government to dispose of all the Posco's applications seeking prospecting licences, also asked the state to send its recommendations to the ministry of environment and forests, which would proceed
in accordance with law.
The bench also asked the state government to undertake implementation of compensatory afforestation plan under the supervision of a Supreme Court-appointed committee comprising top officials of the state government.
Posco, world's third largest steel producer, in 2005 entered into an MoU with the Orissa government for the project.
It gave green signal to Sterlite Industries, the parent firm of the London Stock Exchange-listed Vedanta Resources, to mine bauxite from eco-sensitive Niyamgiri hill area for its proposed Rs 4,000-crore (Rs 40-billion) aluminium project in Orissa.
Sterlite had sought clearance for the proposal for diversion of 660.749 hectare of forest land to undertake bauxite mining on Niyamgiri Hills in Lanjigarh.
Another nod for a forest diversion proposal was for the 3,960-MW Sasan Ultra Mega Power plant in Madhya Pradesh by the Anil Ambani Group Company Reliance Power.
The court gave the clearance for the plant after Madhya Pradesh Power Trading Company and Sasan Power Ltd moved the court in July seeking approval for diversion of 320.938 hectares of forest land required for the plant.
Reliance Power was the selected bidder to implement the project through a special purpose vehicle, Sasan Power Ltd.
In yet another case, which faced environmental objections, the Supreme Court stayed order that stalled work at its Rs 7,400-crore (Rs 74-billion) multi-product special economic zone in Gujarat.
A bench headed by Chief Justice K G Balakrishnan, while dismissing the petition of fishermen as withdrawn, asked the Adani Group not to fill the creeks.
The apex court, on a plea by fishermen that the project would affect their livelihood and flora and fauna in the region, had directed the parties to maintain status quo with regard to all activities taking place on the land.
Mundra SEZ, established under the SEZ Act of 2005, is proposed to come up on about 6,000 acres of land with a total investment of Rs 7,400 crore (Rs 74 billion).
On other hand, the apex court asked the Central Pollution Control Board to probe into the allegations made the Orissa against Paradeep Phosphates Ltd, which was also asked by the state to shut its factory for releasing hazardous pollutants, an allegation refuted by the fertiliser major.
