SWPL petition seeking enhancement of berths capacity dismissed

NT NETWORK

 

PANAJI

The High Court of Bombay at Goa has dismissed a petition filed by South West Port Limited’s plea for its direction to the Union Ministry of Environment Forests and Climate Change to process its application for permission to enhance terminal capacity of berths 5A and 6A at Mormugao Port.

The High Court observed that even though the petition is sought to be presented before us for a ‘limited purpose’, the ultimate aim of the petitioner, as appearing from the petition, is that it wants to expand its existing legitimate activities at the port.

If the existing activities at the port have been shut down for violation of norms, well before the affirmation of the petition, it is a most relevant factor which should have been disclosed. By not doing so, the petitioner is guilty of suppression of facts.

The High Court division bench comprising Justice N M Jamdar and Justice Prithviraj Chavan also observed, “We are not commenting on the merits of the allegations against the petitioner. But that the actions that are taken against the petitioner are a fact and it is also a fact that the charges against the petitioner are serious. This background ought to have been placed before us, or at least a reference to this background should have been made before us by the petitioner. Instead, based on the averments which we have quoted above, an attempt is made to present a picture to us that all the permissions are in place.”

The South West Port Limited had approached the High Court invoking the extraordinary jurisdiction under Article 226 of the Constitution of India against the ‘denial’ by MoEF & CC of the petitioner’s application for terminal capacity enhancement at berth number 5A and 6A at Mormugao Port.

The High Court said that the petitioner has categorically asserted that the petitioner is operating from berth number 5A and 6A from the year 2004 at the Mormugao Port. The petitioner referred to certain permissions, which have been granted to it, made a statement that it has been carrying out these functions diligently with due consideration for the environment.

It is stated that its terminal handling capacity will bring in modernised machinery and will help to reduce any adverse environmental impact. By plain reading of the petition, even a casual reader will get an impression that the petitioner is carrying on its operations from berth number 5A and 6A diligently, with all permissions and if the application for enhancement is granted, it will be more efficient.

The High Court further said that however, the official record produced by the respondents NGOs show a contrary picture. Pollution Control Board has cancelled the permissions of the petitioner to operate from berth number 5A and 6A, and the activities of handling of coal at berths have come to standstill.

Besides, its consent to operate under the Air Act and Water Act has also been revoked. Records show that before filing of the petition, the Goa Pollution Control Board has taken action on the ground that in the period of four years, the petitioner exceeded the quantities permitted for handling coal at the Mormugao Port.

A criminal case has been filed against the petitioner under the provisions of the Air (Prevention and Control of Pollution) Act, 1981 by the Goa State Pollution Control Board. A letter was written by the Chief Minister on August 14, 2017 to the Union Minister for Environment in respect of the proposal for increasing the coal handling capacity.

The Chief Minister referred to the public hearing and stated that the public has opposed and objected to the proposed increase in handling of coal, as the present handling is causing air pollution in the Vasco City.