
NEW DELHI, May 12 -- The Supreme Court has refused to entertain a plea challenging the expansion of Pipavav Port in Gujarat, while raising sharp questions about repeated litigation against infrastructure projects and its impact on the country's progress.
Hearing an appeal against a decision of the National Green Tribunal, a bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi said courts cannot be used to stall development at every stage. "Show us even a single project in this country where these environmental activists have said we welcome this project," the bench remarked, adding that such litigation sends a concerning message about the intent behind these challenges.
The case relates to the expansion and modernisation of Pipavav Port, which had received environmental and coastal regulation zone clearances. The tribunal's western zone bench had earlier dismissed a plea seeking to quash these approvals, relying on findings from the Environmental Impact Assessment report and other studies.
Senior advocate Anitha Shenoy, appearing for the petitioner, argued that the project posed risks to marine biodiversity and local livelihoods. She pointed to concerns involving Olive Ridley turtles, marine mammals, avian species and mangroves, and said the project had been stalled for over a decade before being cleared. She also told the court that nearly 90 per cent of fish landings along the Saurashtra coast take place near the port, warning that expansion could severely affect fisherfolk and related economic activity.
The bench, however, said such economic concerns are not central to environmental impact assessments. Justice Bagchi noted that the Expert Appraisal Committee had examined claims about turtle nesting and found them to be incorrect. Referring to inspection findings, he said the report clearly indicated that the project site is not a turtle nesting ground. The court added that occasional sightings of marine species cannot be taken as proof of nesting habitats. Continued on P4
Published by HT Digital Content Services with permission from Millennium Post.