Karwar port development: Supreme Court issues notice on plea by fishermen’s organisation against project
According to the petition; the High Court utterly overlooked the fisherfolk’s right to property as well as their right to a livelihood that; would be harmed by the project.
The Supreme Court issued notice to the State of Karnataka on Monday in response to a petition by a fishermen’s association challenging the state’s 2,000 crore project for the second stage development of the Karwar port [Baithkol Bandharu Nirashrithara Yanteikrut Dhoni Meenugarara Sahakara Sangha Niyamitha vs The Chief Executive Officer].
The petition; submitted by ‘Baithkol Bandharu Nirashrithara Yanteikrut Dhoni Meenugarara Sahakara Sangha Niyamitha’ in response; to a Karnataka High Court ruling issued in July 2021.
A Bench comprising Chief Justice of India NV Ramana and Justices AS Bopanna and Hima Kohli orally directed; the construction company’s lawyer to halt the port’s development and served notice on the Karnataka government and other defendants in the case.
However, the ruling posted on the Supreme Court website; makes no reference of a project halt and is limited to an assurance across the Bar.
“I listened to the skilled senior counsel for the petitioner and carefully read the information on the record. Give a notification that is returnable after four weeks “According to the order.
The Karnataka High Court ruled that; the Karnataka State Pollution Control Board’s (KSPCB) permission for the second stage expansion of the; Karwar port in Uttara Kannada district unconstitutional.
The then-Chief Justice Abhay Shreeniwas Oka (now of the Supreme Court) and Justice Suraj Govindaraj had stated that; the KSPCB had operated in a way that undermined the Board’s core purpose.
The decision made in response to a public interest litigation (PIL) petition contesting the KSPCB’s approval for the second stage construction of the Karwar port.
Surprisingly, aside from finding illegality in the KSPCB procedure, the High Court Bench rejected all of the petitioners’ other challenges to the project.
As a result, the High Court permitted the KSPCB to make a new decision for the grant of consent within a month while adhering to the terms of the laws governing the management of air and water pollution.
The State Level Environment Impact Assessment Authority (SEIAA) granted Environmental Clearance for the proposed second-stage development of Commercial Karwar Port on January 23, 2019. The Environmental Clearance included a number of conditions under the headings’specific conditions’ and ‘generic conditions.’
The petitioner disputed the Environmental Clearance and the KSPCB’s approval.
Senior Lawyer Devadatt Kamat and advocate Amit Pai, who spoke for the petitioners, argued that; the High Court ignored the fact that Karwar is one of the country’s top tourist sites, and the natural beauty of the coast and beaches has drawn visitors from all over the country.
According to the appeal; the port project might have a direct and negative influence on people’s rights to use the beach, which; would be a blatant violation of the right granted by Article 19(1)(d) of the Constitution.
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