The Bombay High Court (HC) on Thursday, April 18, made the decision regarding the development of a greenfield port at Vadhavan in Dahanu, located in the Palghar district. The court refused to intervene and upheld the permission given by the Dahanu Taluka Environment Protection Authority (DTEPA) to build the port.
The National Fish Workers Forum, Conservation Action Trust, and seven other NGOs filed appeals against the project. They claimed they were wronged by the approval granted to build the port. The court rejected all requests against the permission to build the port. It said that DTEPA had taken into account all factors before approving the revised plan.
The court adopted a hands-off approach. But it also said that it was important to strike a balance between sustainable development and environmental protection with necessary safeguards. The court noted that the project had undergone a substantial change. This included the port's relocation at a distance of approximately six kilometres from the shore area. The court also said that mangrove protection was also considered.
The court's comprehensive 53-page ruling stated that the offshore area fell beyond the area of Dahanu Taluka and within the domain of the Central Government. The DTEPA had established a Monitoring Committee to recommend mitigating measures after considering all relevant factors.
A committee has also been set up to review the complaints made by all parties involved in the project, including stakeholders. The court highlighted its lack of expertise to hear an appeal of the Environment Protection Authority's decision. The panel led by Justice AS Chandurkar noted that the Environment Authority had considered the Central Pollution Control Board circular as well as other factors before granting clearance.
The matter started in 1997 when the Maharashtra government submitted a proposal to the Ministry of Environment and DTEPA to build a modern, all-weather port at Dahanu Taluka. The latter denied authorization on September 19, 1998, citing Dahanu as the sole green zone remaining in an environmentally vulnerable coastal area.
The proposed project will span 17,471 hectares, with a port limit of 16,906 hectares and an outside port limit of 571 hectares. It is estimated to cost INR 76,220 crore. From an economic and developmental perspective, the port is said to be significant for the state. It is expected to boost the nation's wealth and provide a significant number of job opportunities for the local population.
According to a Ministry of Ports, Shipping, and Waterways Office Memorandum dated January 6, 2021, the port is a project of national importance. It is also listed as part of the Central Government's Sagarmala initiative, which aims to enhance the performance of the nation's logistic sector through ports.
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