JNPT expansion: NGT forms panel to study plaints of CRZ violation

The National Green Tribunal (NGT) has constituted a four-member committee to examine complaints of Coastal Regulatory Zone (CRZ) violations during the expansion of the Jawaharlal Nehru Port Trust’s (JNPT) Container Terminal-4 in Uran

The National Green Tribunal (NGT) has constituted a four-member committee to examine complaints of Coastal Regulatory Zone (CRZ) violations during the expansion of the Jawaharlal Nehru Port Trust’s (JNPT) Container Terminal-4 in Uran. The committee has been tasked with submitting “an independent factual report” within three months of the NGT order, dated June 23.

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NGT was hearing a complaint filed by Uran fisherman Dilip Pandurang Koli and others, against the Union government, challenging the manner in which environmental clearance was granted (in October 2019) to JNPT for the expansion works. The four-member committee comprises representatives from the environment ministry, Maharashtra State Pollution Control Board, Maharashtra Coastal Zone Management Authority (MCZMA), and the Raigad district magistrate.

The appellants have argued that the fragile ecology of the area has been subject to an onslaught of environmentally destructive activities by JNPT over the past several years. They have also challenged the joint CRZ, and environmental clearance granted to JNPT by MoEFCC, on grounds that it was done based on a factually incorrect claim that the CRZ area comprised of the project site is CRZ-4, though it falls within CRZ-IA, where no fresh construction activities are permitted as per the CRZ Notification, 2011.

The appellant said the mandatory stage of public consultation under the EIA Notification, 2006 has been foregone without any valid basis and that JNPT has violated the conditions of previous environmental clearances, which mandate the protection of mangroves and mudflats. The compliance report submitted to the state government by JNPT in the matter was found to be at odds with the terms of past ECs granted to the project. These discrepancies were not discussed at the MCZMA meeting before issuing the CRZ clearance in July 2019.

As part of legal proceedings, NGT has observed that the expansion area identified is ecologically sensitive and does indeed fall under CRZ-1A as per the coastal zone map. No construction is permitted in CRZ–1A notified areas. “The reclamation that is proposed to be carried out for the balance work of the fourth container terminal will seriously impact fishing activities being carried out by traditional fisherfolk that have a large presence in the area,” said Koli.

“The expansion of the Jawaharlal Nehru Port over the years has seen wetlands destroyed, mangroves razed, and rich fishing grounds destroyed. Deepening and widening of the navigational channel, dredging, blocking the tidal flow of water in the course of the expansion of the Port has caused considerable damage to the natural ecosystem,” Koli added.

“Given the contention that the area where expansion activities are to be undertaken is in CRZ-1A, where constructions are prohibited and that violations of EC conditions have been found... there is a substantial question of the environment relating to the enforcement of CRZ Regulations. Response of the concerned statutory authorities and ascertainment of ground factual situation is required,” NGT observed in its order. The matter is set to be heard next on October 27.