{"id":66451,"date":"2016-09-05T10:16:02","date_gmt":"2016-09-05T04:46:02","guid":{"rendered":"http:\/\/www.scconline.com\/blog\/?p=66451"},"modified":"2016-09-09T13:17:13","modified_gmt":"2016-09-09T07:47:13","slug":"quashing-of-environmental-clearance-to-vizhinjam-port-refused","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2016\/09\/05\/quashing-of-environmental-clearance-to-vizhinjam-port-refused\/","title":{"rendered":"Quashing of environmental clearance to Vizhinjam Port, refused"},"content":{"rendered":"

National Green Tribunal<\/strong>: Issuing certain directions for the strict compliance by the Respondents, the Tribunal has refused to quash the environment clearance granted to the Vizhinjam International Seaport Ltd, the Tribunal has also issued certain directions for strict compliance by the respondents. \u00a0The present appeal under Section 16 of the National Green Tribunal Act, has been filed by the Appellants challenging the order F. No. 11-122\/0211-IA-111 dated 3rd January, 2014, passed by Ministry of Environment and Forest, Government of India, granting Environmental and CRZ clearance for development of Vizhinjam International Deepwater Multipurpose Seaport, at Vizhinjam in Thiruvananthapuram District of State of Kerala.<\/p>\n

In the present case, the Government of Kerala appointed Vizhinjam International Sea Port Limited (VISL) as the nodal agency to develop an International container transhipment terminal at Vizhinjam in Thiruvananthapuram District, State of Kerala. The Vizhinjam International Sea Port Limited formulated a project for development of Vizhinjam International deepwater multi-purpose sea port at Vizhinjam. This project involved construction of quays, terminal area and port building. The project proponent submitted an application on 28th August, 2010, in the prescribed format, for obtaining the Environmental Clearance. The Government of Kerala had therefore, undertaken the site selection exercise and came to the conclusion that the area of south of Vizhinjam fishing Harbour is best suited for the project. The Ministry of Environment and Forests also finalized the same for the project vide letter dated 1st July, 2011 and a final Environmental Impact Assessment (EIA) report was submitted to Expert Appraisal Committee for securing Environmental Clearance.<\/p>\n

The applicants have claimed that the site of the proposed project, in its immediate vicinity, is inhabited by small scale fishermen who depend on Coastal and offshore water of the District and fishing for their livelihood. The case of the applicants, in the Original Application, is that they seek to protect and safeguard coastal areas of outstanding natural beauty and areas likely to be inundated due to rise in sea level consequent upon global warming and such other areas as may be declared by the Central Government or the concerned authorities at the State\/ Union territory level from time to time, the categories which were deleted from the classification of CRZ-I areas in Para 7(i) CRZ-I of the Coastal Zone Regulation Notification, 2011. Further, it is submitted by the applicant that as per Para 6(1) (i) of the Coastal Zone Regulation Notification, 1991, coastal areas of outstanding natural beauty and areas likely to be inundated due to rise in sea level consequent upon global warming and such other areas as may be declared by the Central Government or the concerned authorities at the State\/Union Territory level from time to time, were categorized\/classified as CRZ-1 areas.<\/p>\n

The Tribunal on the emphasis placed by the learned Counsel appearing for the Applicants\/ Appellants upon places of \u2018area of outstanding natural beauty\u2019 in relation to the cliff said that the cliff primarily and alone is not a subject of natural beauty but has greater utility in protecting soil erosion. It stops the soil erosion from sea waves and protects the ecology. The Tribunal also said that only a part of cliff has been demolished while by creating alternative methodology of preventing soil erosion. Major part of the cliff still remains intact near the project area. The plea of preserving or protecting the \u2018areas of outstanding natural beauty\u2019 is a general concept applicable to all States while, the subject matter of the present application is limited to the granting or otherwise of environmental clearance and CRZ to Vizhinjam Port. Thus, held that the contention is entirely unfounded.<\/p>\n

However, in the facts and circumstances of the case, the Tribunal preferred to pass the following directions for strict compliance by the concerning respondents:-<\/p>\n

    \n
  1. Constitute an Expert Committee of the following, for compliance and adherence to the directions given in this judgment.<\/li>\n<\/ol>\n