Mumbai: The Bombay High Court has refused to interfere with the permission granted to establish and develop a Greenfield Port at Vadhavan in Dahanu in Palghar district, observing that Dahanu Taluka Environment Protection Authority (DTEPA) has considered all “relevant aspects” before approving the revised plan.
With that, the court has dismissed all pleas challenging the permission granted to establish the port. While adopting a hands-off approach, the high court reasoned that it has to “consider whether a balance has been struck between sustainable development, on the one hand, and environmental protection with necessary safeguards, on the other.”
In this context, the court noted that “the complexion of the project had undergone a substantial change in view of re-location of the port at a distance of about six kilometres from the shore area.” Moreover, the “aspect of mangrove protection” too has been considered. “The off-shore area was found to fall beyond the area of Dahanu Taluka and within the domain of the Central Government,” the bench noted in a detailed 53-page judgment.
It further added that the Dahanu Taluka Environment Protection Authority has considered all relevant aspects and also proposed mitigation measures by constituting a Monitoring Committee.
A committee has also been constituted for vetting the grievances of all stakeholders as well as all those concerned with the project. The judges also emphasised that the “court does not possess such expertise so as to sit in appeal over the decision of the Environment Protection Authority”. The bench headed by Justice AS Chandurkar also observed that before granting permission, the Environment Authority had considered all relevant aspects, including the Central Pollution Control Board circular.
The cost of the proposed project is estimated to be Rs76,220 crore and it will be spread over 17,471 hectares out of which 16,906 hectares is the port limit and 571 hectares is the outside port limit.
The pleas against the project were filed by an NGO, Conservation Action Trust; the National Fish Workers Forum and seven others who claimed to be aggrieved by the clearance given for establishing the port. In 1997, the Maharashtra government floated a proposal to develop a modern and all weather port at Dahanu taluka and forwarded the same to the Ministry of Environment and DTEPA. The latter, on September 19, 1998, refused to grant permission stating that Dahanu was the last surviving Green Zone in a coastal area that was ecologically fragile.
However, the proposal was once again moved in 2017, with changes, and the port, too, was moved farther than the earlier location. The same was approved by DTEPA, subject to conditions. If it is found that experts have taken into consideration all relevant material having bearing on the environmental aspects and the Authority has been alive to the concerns for which it has been established under the notification dated 19th December 1996, there would be no reason to interfere with its conclusion, the bench underlined while dismissing the petitions.
The port is considered to be important for the State from economic as well as developmental point of view. It is expected to generate considerable opportunities of employment for the local people and also contribute to the wealth of the nation. An Office Memorandum dated January 6, 2021, of the Ministry of Ports, Shipping and Waterways, had stated that the said port is a nationally important project. It is also stated to be part of the Sagarmala programme of the Central Government which aims at enhancing the performance of the countrys logistic sector through ports.
