SC halts Rs 2,000 crore extension of commercial Karwar port

The Supreme Court on Tuesday told the project proponent not to carry out further construction activities with regard to Rs 2,000 crore extension of commercial Karwar port in Karnataka.

A bench presided over by Chief Justice N V Ramana rejected a contention by senior advocate Maninder Singh, appearing for DVP Infra Projects Private Ltd that the delay in project would escalate the costs, saying the beaches and environment can't be destroyed.

Acting on a petition by a fishermen association, 'Baithkol Bandharu Nirashrithara Yanteikrut Dhoni Meenugarara Sahakara Sangha Niyamitha', the bench issued notice to the Karnataka government and others. The court made oral observation against carrying out further construction activities.

The petitioner, led by senior advocate Devadatt Kamat and advocate Amit Pai, questioned the validity of the High Court's July 29, 2021 judgement, rejecting their plea against the project.

The counsel submitted the construction activities had begun on the strength of environmental clearance granted from state-level authorities on January 23, 2019 which was in contravention with the Environment Impact Assessment notification of September 14, 2006.

"Karwar is an ecologically sensitive area, therefore, the environmental clearance given to the 2nd stage expansion of the commercial Karwar port by the state level authority is bad in law. For the said expansion, only the Ministry of Environment, Forest and Climate Change could have given prior environmental clearance upon the recommendation of the Expert Advisor Committee (EAC)," the plea said.

The counsel sought status quo on the project, as the top court agreed to examine the matter.

The plea contended that the High Court failed to consider Karwar is one of the prime tourist destinations in the country, and the pristine beauty of the coast and the beaches has been an attraction for the people across the country.

However, the project of the 2nd Stage Expansion of the Karwar Commercial Port has the impact of directly and adversely impacting the right of the people to enjoy the beach, which is in direct contravention of the right guaranteed under Article 19(1)(d) of the Constitution.

The plea also claimed the High Court, in the present case, has completely ignored the right of the fisherfolk to the right to property, i e, the fish in the beach, as well as right to livelihood, which would be adversely impacted by the project.

"The High Court has only referred to the principle of sustainable development in the course of the judgment, but has neither applied the essential principles of it, nor considered the ecological impact of the project as far as the Karwar is concerned," it said.

Karwar is notified as a “ecologically sensitive areas” as per 2011 and 2019 notifications. It is also a Critically Vulnerable Coastal Area (CVCA). In terms of the General Condition of the 2006 EIA notification, even for projects that fell within Category B, would be treated as Category A in such areas, it added.

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