NGT had formed a seven-member expert body to map the shoreline changes in the port area
Admitting a review plea against the environment clearance (EC) for Vizhinjam International Sea Port, the chairperson bench of the National Green Tribunal (NGT) has issued notices to union environment ministry and the Vizhinjam International Seaport Limited, the implementing agency for the project. They have to reply to the green court’s notice in two weeks. The Rs.6,000 crore port is to be built by Adani Ports.
Earlier on September 2, the NGT had disposed off the petition challenging the port’s EC and said that the port was crucial for economic development of Kerala and the country. It had also formed a seven member expert body to map the shoreline changes in the port area.The petition’s thrust was to highlight that the port site is an “area of natural beauty” and was accorded protection under the CRZ notification, 1991, and the Kerala Coastal Zone Management Plan (KCZMP).
In the review petition filed before the NGT, the petitioners have pointed out contradictions in the court’s two earlier orders in the same matter. The contradictions pertain to what the NGT said about their jurisdiction over subordinate legislations such as the Coastal Regulation Zone (CRZ) notification.
In 2014, the NGT bench had said that it has “complete and comprehensive trappings of a court and within the framework of the provisions of the NGT Act and the NGT can exercise the limited power of judicial review to examine the constitutional validity/vires of the subordinate/delegated legislation.”
But, later it said in its September 2 judgement, “Since CRZ notification 2011, is in the nature of delegated subordinate legislation under the Environment Protection Act, 1986, this Tribunal does not have power to question validity of such notification nor add or insert any words in it.”
The NGT’s observation in September 2 judgement was in the context of the petitioner’s contention that the amended CRZ notification of 2011 had omitted ‘areas of natural beauty’ from CRZ-I category, thus taking away the protection accorded to such areas. The review petition has also pointed out that the proposed port site, an area of natural beauty, was also accorded protection under the old KCZMP, which is still valid as the new plan is not approved.
The NGT’s September 2 judgement came as a relief for Adani Ports and Kerala government as it is touted as a counter to the Hambantota port in Sri Lanka that was built with the help of the Chinese. The port is to be completed in three phases and the Centre has promised a viability gap funding of Rs.800 crore to build the port. The first phase is to come up in 66 hectares of land to be reclaimed from the sea. Adani Ports did not respond to an e-mail query sent by DNA.
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