First Case Ever To Be Live Telecasted on Youtube Decided By Karnataka High Court

The Karnataka High Court has held that the consent for establishment dated 1st July, 2020, granted by the Karnataka State Pollution Control Board (KSPCB), for expansion of the existing Karwar Port at Baithkol village in Karwar taluk, Uttara Kannada district is illegal. Thereby, High Court has restrained the state from carrying out the expansion work until fresh consent for establishment is granted by the pollution control board. A division bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj passed the order while hearing the petitions filed by Baithkol Bandharu Nirashrithara Yantrikrut Dhoni Meenugarara Sahakara Sangha Niyamitha and Uttara Kannada District Fishermen Association Forum.This was the first case in which proceedings were Live Telecast on the YouTube Channel of the High Court. The court has allowed KSPCB to decide the applications made for grant of consent for establishment as per the undertaking of the board given on June 15, to withdraw the consent granted on July 1, 2020 and to redo the entire exercise afresh right from the stage of inspection, in accordance with law. The court has said that "appropriate decision shall be taken on the applications preferably within a period of one month from the date on which this judgment is uploaded on the official website of this Court." It also added with regards to the case that,"As and when the consent for establishment is granted, the Port Authority will have to strictly adhere to the conditions subject to which the consent is granted. The project can be made operational only after consent to operate is granted by KSPCB. Therefore, it cannot be said that the project subject matter of these petitions is bad in law due to violation of the laws relating to the environment." The court also directed the State of Karnataka and the Director of Ports and Inland Water, Karwar Port, to ensure that all the terms and conditions of Environmental Clearance dated 23rd January, 2019, issued by the State Level Environment Impact Assessment Authority (SEIAA) are scrupulously followed and implemented. It said "needless to add that unless and until the consent for establishment is granted to the project by KSPCB, the work of the 2nd stage Development of Karwar Port cannot be commenced." The court also directed the State Government to comply with condition No.32 incorporated in the specific conditions for the Environmental Clearance of submitting a copy of Marine and Riparian Biodiversity Management Plan duly validated by the State Biodiversity Board before the commencement of work. Background of the Case On 23rd January 2019, the State Level Environment Impact Assessment Authority (SEIAA) accorded Environmental Clearance for the proposed 2nd stage Development of Commercial Karwar Port ('the 2nd stage Development'). Various conditions were incorporated in the Environmental Clearance under the headings 'specific conditions' and 'general conditions'. The petitioner has challenged the Environmental Clearance and the consent granted by KSPCB. The challenge is based on violation of fundamental rights guaranteed under sub-clause (d) of clause (1) of Article 19 and sub-clause (g) of clause (1) of Article 19 as well as Article 21 of the Constitution of India. Violations of Articles 48-A, 51-A (g) and 300A have also been alleged. Petitioner Submissions: Advocate Murthy Naik appearing for the petitioner submitted that SEIAA had no jurisdiction to grant Environmental Clearance for the project. Referring to the EIA notification dated 14th September, 2006 issued by the Ministry of Environment and Forests, Government of India, he contended that, "In view of clause-3 of the said notification, the Ministry of Environment and Forests of the Central Government is the only competent authority to grant prior Environmental Clearance." Further, he also said that, "As per the said CRZ notification dated 6th January, 2011, Karwar has been identified as ecologically sensitive area and hence, it will have to be treated as a Notified Eco-sensitive area within the meaning of general condition (GC) as notified in the EIA notification dated 14th September, 2006." In relation to the consent for establishment, Naik submitted that the said consent was not granted by KSPCB but the same was issued by the Consent Committee which has no power or jurisdiction to do so. He submitted that the consent for establishment was granted without carrying out proper inspection. It was also argued that 'as a result of the project of the expansion of the Port, the entire Rabindranath Tagore beach will be destroyed.' He submitted that this is the only beach available to the citizens of Karwar, as most of the beaches in Karwar and Ankola taluks have been taken over for the projects of the naval base. Advocate Smaran Shetty appearing for second petitioner Uttara Kannada District Fishermen Association Forum submitted...

First Case Ever To Be Live Telecasted on Youtube Decided By Karnataka High Court

LIVELAW NEWS NETWORK

A Division Bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj passed the final order on expansion of Karwar Port and the disputed consent for establishment.

Tags