Vadhavan Port : Supreme Court calls for expert agency to allay environmental concerns
NEW DELHI : The Supreme Court on Friday urged the Central government to consider appointment of an independent expert agency to examine whether any environmental damage could be caused due to the Vadhavan Port project in Maharashtra’s Palghar [National Fishworkers Forum and ors v. Union of India and ors].
The Bench of Justices AS Oka and Ujjal Bhuyan made the suggestion in an interim order passed on Friday on a plea by the National Fishworkers Forum opposing the Vadhavan seaport construction citing environmental and livelihood concerns.
The Court on Friday did not pass any order of stay on the port project after taking note of the government’s submission that no substantial work is scheduled to be carried out for the time being.
However, it asked the Centre to examine whether an expert agency could be engaged to assess the environmental impact of the project before the case is heard next in May 2025.
“We direct the respondents to consider if they are willing to appoint any expert agency with a view to give opinion on the damage, if any, likely to be caused to the environment due to the project of the port,” the Court’s order said.
The Bench added that the matter may be mentioned before the Court earlier if the Centre is willing to appoint such an expert body, so that necessary directions can be issued for this.
‘Ultimately, we are also guardians of the environment’–Supreme Court
During the hearing of the matter, the Court orally observed that prima facie, the port’s construction could lead to environmental damage.
Attorney General R Venkataramani appeared for the Central government and the Jawaharlal Nehru Port Trust (JNPT) which has signed a Memorandum of Understanding with the Maharashtra Maritime Board for the development of the port. He urged the Court to hear these authorities first before issuing any interim order that could stall the project.
He assured the Court that the port project has gone through multiple stages of approvals after experts were consulted. “In every case like this, if such statutory agencies are to be disbelieved, it will be a problem,” the AG added.
However, the Bench said that the Supreme Court is also a guardian of the environment and has to be satisfied. “Ultimately, we are also guardians of the environment. We have to be satisfied. It is in the interest of everybody that we appoint an (expert) agency, agency will give us an opinion … We will say that everything is subjected to final orders. We are worried about starting road work and reclamation work,” Justice Oka remarked.
The Bench eventually said that it was not passing any interim stay orders for now, in view of the government’s submission that any acquisitions undertaken for the project would be subject to further orders by the Court in this case.
Source : Bar and Bench