Karwar port development: Supreme Court issues notice on plea by fishermen's organisation against project

The Supreme Court on Monday issued notice to the State of Karnataka on a petition by a fishermen's association challenging the ₹2,000 crore project for second stage development of the Karwar port in the State [Baithkol Bandharu Nirashrithara Yanteikrut Dhoni Meenugarara Sahakara Sangha Niyamitha vs The Chief Executive Officer]..The plea was filed by 'Baithkol Bandharu Nirashrithara Yanteikrut Dhoni Meenugarara Sahakara Sangha Niyamitha' challenging a July 2021 verdict of the Karnataka High Court.A Bench of Chief Justice of India NV Ramana and Justices AS Bopanna and Hima Kohli orally requested the counsel for the construction company to stop the construction of the port and issued notice to the Karnataka government and other respondents in the case.However, the order uploaded on the Supreme Court website does not mention any stay on the project and was confined to an assurance across the Bar."Heard the learned senior counsel appearing for the petitioner and carefully perused the material placed on record. Issue notice, returnable after four weeks," the order said..The Karnataka High Court had held that the consent granted by the Karnataka State Pollution Control Board (KSPCB) for the second-stage development of the Karwar port in Uttara Kannada district was illegal.The then Chief Justice Abhay Shreeniwas Oka (now elevated to the Supreme Court) and Justice Suraj Govindaraj had opined that the KSPCB had acted in a manner that defeated the very objective of setting up the Board.The judgment came on a public interest litigation (PIL) petition challenging the consent granted by the KSPCB for the second-stage development of the Karwar port.Interestingly, except for finding illegality in the KSPCB process, the High Court Bench rejected all the other objections raised by the petitioners against the project.The High Court had, therefore, allowed KSPCB to take a fresh decision for grant of consent within a month by adhering to the provisions of the laws related to control of air and water pollution..On January 23, 2019, the State Level Environment Impact Assessment Authority (SEIAA) accorded Environmental Clearance for the proposed second-stage Development of Commercial Karwar Port. Various conditions were incorporated in the Environmental Clearance under the headings 'specific conditions' and 'general conditions'.The petitioner challenged the Environmental Clearance and the consent granted by the KSPCB. The plea argued that the High Court completely ignored the fisherfolk's right to property as well as their right to livelihood that would be adversely impacted by the project..Senior Advocate Maninder Singh appearing for the construction company cited reasons including cost escalation etc in case the project is stalled..Senior Advocate Devadatt Kamat and advocate Amit Pai appearing for the petitioners stated that the High Court failed to consider Karwar is one of the prime tourist destinations in the country, and the pristine beauty of the coast and the beaches has been an attraction for the people across the country..The appeal said that the port project can directly and adversely impact the rights of the people to enjoy the beach, which would be in direct contravention to the right guaranteed under Article 19(1)(d) of the Constitution. .[Read Order]