Challenge To Karwar Port Expansion: Supreme Court Orally Asks Company To Halt Further Construction

The Supreme Court on Tuesday issued notice in a petition challenging the second stage development of the commercial Karwar port in Karnataka.

A Bench comprising CJI NV Ramana, Justice Krishna Murari and Justice Hima Kohli has orally asked the construction company to not carry out further construction activities with regard to the project.

The Court was considering a special leave petition challenging Karnataka High Court's order refusing to entertain the petition challenging the proposed development plan on the ground of suppression of material facts.

The Petitioner, an Association comprising of Fishermen in Karwar, has filed the petition challenging the proposed Second Stage Development of the commercial Karwar Port at Baithkol Village, Karwar Taluka, Uttara Kannada District, carried over a plot area of about 17 ha by the Director of Ports & Inland Water Transport.

The said project is undertaken on the banks of the Arabian Sea abutting the Rabindranath Tagore Beach in Karwar.

The petitioners were represented through Senior Advocate Devdatt Kamat, Senior Advocate Murthy D Naik, Advocate Amit Pai and Advocate Rajesh Inamdar. 

During the hearing today, Senior Advocate Devadatt Kamat appearing for the petitioner submitted that the Environmental clearance in the present case has been given by the state and as per Environment Impact Assessment notification it has to be given by the Centre. However, this has been overlooked by the High Court

'But the state government is supporting', CJI said at this juncture.

Mr Kamat submitted that the State Government has no jurisdiction under the EIA notification. He added that if it is a category A project, the Centre is the authority to grant environmental clearance and if it is a category B Project, then State is the authority for granting environmental clearances.

The CJI asked if the Centre was a party before the High Court and what was the Centre's stand.

"Yes they were parties. They have not given any stand as HC said state is the authority", Mr Kamat said.

"So centre could have said it is not?", Justice Kohli said.

Mr Kamat urged the Bench to direct that Status quo be maintained and no construction be allowed.

Addressing Senior Advocate Maninder Singh appearing for DVP Infra Projects Private Ltd, the CJI said, "Mr Singh please tell your clients not to make any construction".

The petitioner has argued that High Court dismissed the petition without considering the fundamental issues relating to the impact of the project on the environment, as well as the fundamental rights under Article 21 of the people of Karwar, as well as the loss of livelihood of the fisherfolk in the area.

The petitioner has stated that in November, 2019, the construction activity for the proposed second stage expansion had commenced without obtaining CRZ clearance and other such clearances from KSPCB etc

According to the petitioner, the High Court has not at all considered the ecological impact of the 2nd Stage Expansion of the Commercial Karwar Port at Baithkol Village, Karwar, and also not taken into consideration the loss of livelihood of the fisherfolk of the area.

With regard to the dismissal of the petition due to suppression of facts, the petitioner has stated that the judgment itself recorded that the land acquisition proceedings initiated in the year 1962 do not have any direct relevance to the writ petition at hand.

The petitioner submitted that as per the General Conditions in the EIA Notification dated 14.09.2006, any project or activity in a notified eco-sensitive area (ESA), even if specified in Category 'B', would be treated as Category 'A'.

Further, it was categorically specified that for all projects in Category 'A', "shall require prior environmental clearance from the Central Government in the Ministry of Environment and Forests (MoEF) on the recommendations of the Expert Appraisal Committee (EAC) to be constituted by the Central Government for the purposes of this notification;"

It has been submitted that by a notification dated 06.01.2011, the Ministry of Environment and Forests and Climate Change issued a Coastal Regulation Zone (CRZ) notification, for the declaration of the coastal stretches as Costal Regulations Zones. In the said CRZ Notification, it was again categorically stated that Karwar was within the meaning of Critical Vulnerable Coastal Area (CVCA). This position remains unchanged even in the CRZ Notification dated 18.01.2019.

Case Title: Baithkol Bandharu Nirasbrithara Yantrikrut Dhoni Sahakara Sangha Niyamitha v The Chief Executive Officer & Ors , SLP 17213/2021

Click Here To Read/Download Order