Premium
This is an archive article published on January 16, 2016

Bombay HC gives nod to relocation of mangroves for JNPT project

The Bombay High Court has given its nod, subject to permissions required from the Ministry of Environment and Forests.

DECKS have been cleared for the relocation of mangroves for Jawaharlal Nehru Port Trust’s (JNPT) fourth container terminal project, off the Uran coast, pegged at Rs 7, 915 crore. The Bombay High Court has given its nod, subject to permissions required from the Ministry of Environment and Forests. Challenging JNPT, environmentalists and the local fishermen community had cited the potential threat to the marine ecosystem during reclamation of the mangroves.

However, drawing a parallel, Justices V M Kanade and Revati Mohite Dere observed that they had passed a similar order earlier this week keeping in mind the “larger public interest”. In October, PM Modi along with CM Devendra Fadnavis and other dignitaries had laid the foundation stone for the fourth container terminal project, estimated to cost Rs 7,915 crore.

The JNPT had moved court in light of an earlier HC order. It had said that though no non-forest activity should take place in such areas, nothing prevented the authorities, private bodies and their contractors from approaching the competent authorities to seek permission for projects that were likely to affect mangroves.

Along the coast at Uran, reclamation activity has already begun and trucks full of earth are being dumped daily along the shore. In the first phase, JNPT will reclaim 200 hectares along the shore as well as 19.5 hectares covered by dense mangroves for rail and road.

During one of the hearings of JNPT’s request for the fourth container, the Bombay Environment Action Group had informed the court that re-transplantation of mangroves, as promised by JNPT, had been proposed in an area which was a not a coastal zone, but a forest area. However, the JNPT had maintained in its plea that it had never violated laws on environment protection in the area nor carried out any non-forest activities.

Ramdas Koli, a local fisherman, had earlier petitioned to the NGT, saying the rights of his community had been prejudiced. He had claimed over 80 per cent of the mangrove land in the area had fallen prey to continuous reclamation. His intervention application, filed through advocate Meenaz Kakalia and argued by senior counsel Mihir Desai, was rejected by the court Friday.

The court observed that the order of NGT, which had refused to grant any relief to JNPT in March 24, was pending in the Supreme Court. The NGT application had said, “The construction of the fourth berth involves destruction of large tracts of mangroves which also happen to be the breeding and spawning ground of fishes. The construction of the container berth apart from reclamation of land involves deepening and widening of the channel of the creek and thus obstructing the inter-tidal sea exchange.”

aamir.khan@expressindia.com

Aamir Khan is Head-Legal Project, Indian Express digital and is based in New Delhi. Before joining Indianexpress.com, he worked with Press Trust of India as News Editor, editing legal stories from the Supreme Court and various High Courts. He also worked as an Associate Editor with Bar and Bench, where he led long-form storytelling, ran series on crucial and interesting legal issues, conducted exclusive interviews and wrote deep-dive stories. He has worked for the Indian Express print between 2013 and 2016, when he covered law in Mumbai and Delhi. In his current role, Aamir oversees the legal coverage for the website. He holds an LLB degree, PG Diploma in Journalism (New Media) and a Bachelor's in Life Sciences and Chemistry. You can reach him at: aamir.khan@indianexpress.com. ... Read More

Stay updated with the latest - Click here to follow us on Instagram

Latest Comment
Post Comment
Read Comments
Advertisement
Loading Taboola...
Advertisement