Case Note & Summary
Two public interest litigations were filed under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging the expansion of the existing commercial Karwar Port at Baithkol village, Karwar taluk, Uttara Kannada district. The petitioner in W.P. No. 1332/2020, Baithkol Bandharu Nirashrithara Yantrikrut Dhoni Meenugarara Sahakara Sangha Niyamitha, an association of fishermen from Baithkol village, and the petitioner in W.P. No. 2336/2020, Uttara Kannada District Fishermen Association Forum, sought to stop the second stage development of the port and ensure compliance with environmental and coastal regulation norms. The project was undertaken by the State Government through the Director of Ports and Inland Water Transport and involved the construction of five additional berths, breakwaters, reclamation of sea area, and other infrastructure on a plot of 17 hectares (42.01 acres), increasing the port's capacity from 3 million tons per annum to 4.5 million tons per annum. The State Level Environment Impact Assessment Authority-Karnataka (SEIAA), established under Section 3(3) of the Environment (Protection) Act, 1986, granted environmental clearance for the project on 23rd January 2019. The clearance included specific condition No.23 requiring the project proponent to obtain consent to establish and/or operate from the Karnataka State Pollution Control Board (KSPCB) under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974. The petitioners contended that the project was a Category A project under the Environment Impact Assessment Notification, 2006, and therefore the SEIAA lacked authority to grant clearance, which power vested solely with the Government of India. During the pendency of the petitions, the Court passed various orders. On 20th December 2019, the Environmental Officer of KSPCB directed the Executive Engineer of the Port Division to stop construction of the breakwater wall due to the absence of consent under the Air and Water Acts. A show cause notice was also issued by the SEIAA on the same day calling upon the second respondent to explain why the environmental clearance should not be cancelled. It was further alleged that construction activities had commenced abutting the Rabindranath Tagore Beach at Karwar after obtaining CRZ clearance on 20th December 2019. The core legal issues revolved around the competence of SEIAA to grant environmental clearance, compliance with consent requirements under pollution control laws, and the validity of the project in light of its potential impact on the coastal environment and local fishing communities. The matter was heard and reserved for order, with the Court noting the undisputed photographs showing stones being brought onto the beach and filling work in progress near a boat. The final decision on the merits was not pronounced in the provided excerpt, leaving the ultimate relief and directions to be determined.
Headnote
A) Environmental Law - Environmental Clearance - Competent Authority - Environment (Protection) Act, 1986 Section 3 - The project for second stage development of Karwar Port obtained environmental clearance from SEIAA on 23.01.2019 under EIA Notification 2006, but the petitioner challenged it on the ground that it is a Category A project requiring clearance from the Government of India and not SEIAA. SEIAA was established by the Ministry of Environment and Forest under Section 3(3) of the Environment (Protection) Act, 1986. The clearance included conditions for consent under Air and Water Acts. (Paras 1-2). B) Environmental Law - Consent to Establish/Operate - Requirement of Prior Consent - Air (Prevention and Control of Pollution) Act, 1981; Water (Prevention and Control of Pollution) Act, 1974 - Condition No.23 of the environmental clearance mandated obtaining consent from KSPCB under the Air and Water Acts. A show cause notice was issued by SEIAA on 20.12.2019 for non-compliance. Further, KSPCB directed stoppage of breakwater construction due to absence of consent. The Court while issuing notice noted the condition. (Paras 1-3). C) Constitutional Law - Writ Jurisdiction - Interim Orders and Monitoring - Constitution of India Article 226 - The Court while issuing notice on 23.01.2020 referred to condition No.23, the show cause notice, and ongoing construction activities near Rabindranath Tagore Beach. The petitions, filed by fishermen associations, were heard and reserved for order. Photographs showing stones and filling work on the beach were considered. (Para 3).
Issue of Consideration
Whether the SEIAA had authority to grant environmental clearance for the second stage development of Karwar Port; Whether consent under Air and Water Acts was obtained prior to construction
Law Points
- Environmental clearance must be obtained as per EIA Notification
- Consent to establish/operate required under Air and Water Acts
- SEIAA established under Section 3(3) of Environment (Protection) Act
- 1986
- Projects categorized as A require central clearance
