SC bars DVP Infra from developing Karwar port phase II in Karnataka
The Supreme Court on Tuesday restrained DVP Infra Projects from carrying out construction work for the second-stage development of Karwar Port in Karnataka.
Rejecting the stand of senior counsel Maninder Singh, appearing for DVP Infra that the delay in the project would escalate the costs, a Bench led by Chief Justice NV Ramana halted the construction work, saying that the beaches and environment can’t be destroyed.
The apex court also issued notices to the Centre, the Karnataka government, state pollution control authorities and others on an appeal by fishermen’s association ‘Baithkol Bandharu Nirashrithara Yanteikrut Dhoni Meenugarara Sahakara Sangha Niyamitha’.
The Rs 2,000-crore construction activity for the second-stage expansion had commenced in November 2019 allegedly without obtaining CRZ clearance and other such clearances from the pollution control authorities. The Karwar Port is currently operating from Baithkol village and has a capacity of 3 million tonne per annum (MTPA). The Karnataka Maritime Board had sought to expand the capacity to 4.5 MTPA by an expansion to be carried out on the banks of Arabian Sea, abutting the Rabindranath Tagore Beach, the petition stated.
Challenging the Karnataka High Court’s July last year’s judgment that rejected its plea, the fishermen’s body said Karwar was an ecologically sensitive area, therefore, the environmental clearance given to the second stage expansion of the commercial Karwar port was “bad in law”. Such prior environmental clearance for expansion could have been given only by the MoEF upon the recommendation of the expert adviser committee, they said.
The association, in its petition, stated that the HC had completely ignored the fisherfolk’s right to property, that is, the fish on the beach as well as the right to livelihood, which would be adversely impacted by the project.
The plea also claimed that the HC had failed to consider that Karwar was one of the prime tourist destinations in the country.