18 April 2024 Environment Protection >> Environmental Law  

A proposed Greenfield Port project in Dahanu Taluka, India, has caused friction between environmental groups and the Jawaharlal Nehru Port Authority (JNPA). The controversy centers around the project's potential impact on the ecologically sensitive region and the authority of the Dahanu Taluka Environment Protection Authority (DTEPA) in approving such projects.

Dahanu Taluka holds ecological significance, prompting the formation of DTEPA to safeguard the environment. JNPA's proposal for a new port has drawn criticism from conservationists and fishermen. They argue that DTEPA has the power to reject projects, not merely recommend approval. They point to a similar port project denied by DTEPA in 1998. Additionally, they raise concerns about:

• Pollution: They advocate classifying ports as "Red Industry" due to their potential environmental impact.
• Approval Process: Allegations of flaws in DTEPA's approval process include absent members and short notice for hearings.
• Incomplete Studies: Concerns exist regarding additional studies mandated by amended Terms of Reference, which were reportedly not conducted.

JNPA counters these arguments by stating that DTEPA's role is only recommendatory. JNPA claims they would obtain separate environmental and Coastal Regulation Zone (CRZ) clearances regardless of DTEPA's approval. They further emphasize that ports are now classified as "non-industrial," and the project adheres to CRZ regulations.

The legal battle rages on as the court weighs the arguments. Key issues remain unresolved:

• DTEPA's Authority: Does DTEPA hold the power to grant or deny permission for such projects, or is its role limited to recommendations?
• Port Classification: Should ports be considered "industrial" due to their environmental impact, or does the current "non-industrial" classification suffice?

One mitigating factor considered by the court was the revised project plan. Initially planned for the coast, the port is now designed to be located offshore, minimizing its direct impact on the shoreline. Additionally, an expert committee report played a role in convincing the court of the project's permissibility.

The judgement also touched upon the legal validity of certain government memorandums outlining permitted activities in the area. While the court allowed the DTEPA's approval to stand, it noted that challenges to these memorandums are still pending judgement before the Supreme Court.

This case highlights the ongoing tension between environmental protection and development projects in India. The court's decision emphasizes the importance of thorough environmental impact assessment while allowing some development to proceed.

The DTEPA's approval process involved careful consideration of several factors:

· Shifting Location: Responding to environmental concerns, the project was relocated offshore, significantly reducing its impact on the Dahanu shoreline.

· Expert Reviews: The DTEPA relied on reports from agencies like the National Centre for Sustainable Coastal Management (NCSCM) to assess the project's environmental impact and ensure compliance with Coastal Regulation Zone (CRZ) rules.

· Social and Ecological Impact: Studies were conducted to assess the project's impact on local fishermen and the Dahanu region's biodiversity. The DTEPA concluded that the port's distance from fishing areas and mangroves minimized risks.

· Monitoring and Addressing Concerns: The DTEPA planned for a Monitoring Committee to oversee the project's execution and a Grievance Committee to address concerns raised by stakeholders throughout the process.

The court's decision acknowledged that the DTEPA's approval process was thorough and considered all relevant environmental factors. The court also noted that other statutory bodies, like the Maharashtra Coastal Zone Management Authority (MCZMA) and the Ministry of Environment, Forest and Climate Change (MoEF&CC), had granted their approvals with specific conditions.

This case highlights the importance of balancing development projects with environmental protection. The DTEPA's approach of considering expert advice, relocating the project, and establishing monitoring and grievance redressal mechanisms demonstrates a commitment to mitigating environmental risks.