The Gujarat High Court has disposed of a public interest litigation (PIL) challenging the environmental and Coastal Regulation Zone (CRZ) clearances granted to Deendayal Port Authority for two projects.
The petitioners argued that the projects, located in Kutch district, would destroy mangrove forests as they fall within CRZ-1A category under the CRZ Notification of 2011.
However, the court observed that the clearances were granted under CRZ-1(B), CRZ-III, and CRZ-IV categories after necessary evaluations and recommendations from the Gujarat Coastal Zone Management Authority (GCZMA) and the Ministry of Environment, Forest and Climate Change (MoEF&CC).
The petitioners contended that the projects would cause ecological damage, but the court held that factual inquiry and examination of records would be required, which is beyond the scope of Article 226 of the Constitution of India.
The Division Bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi disposed of the petition, suggesting that the petitioners could approach the National Green Tribunal (NGT) for redressal of their grievances.
The NGT may consider the petitioners’ concerns about the alleged violation of CRZ Notification of 2011.
The Deendayal Port Authority had obtained environmental and CRZ clearances for seven integrated facilities in 2016 and three more facilities in 2020.
The petitioners challenged these clearances, citing potential harm to mangrove forests and ecological balance.