Order of the National Green Tribunal regarding EC for Simar Port breakwater, Gujarat, 13/08/2019

  • 13/08/2019

Order of the National Green Tribunal in the matter of Protection of Environment and Public Service Committee Vs M/s. Simar Port Pvt. Ltd. & Others dated 13/08/2019 regarding Environment Clearance (EC) and Coastal Regulation Zone (CRZ) Clearance granted by the MoEF&CC on 05.03.2019 to M/s. Simar Port Pvt. Ltd., Gujarat for construction of 2800m breakwater.

The primary contention raised by the Appellant is that the project in question is one of the two phases for construction of Chhara Port in respect of which MoEF had called for combined EC as the project is integrated and inter-linked having multi-sectoral component. Except for the Phase-I no construction had been carried out for Phase II comprising of breakwater component. Subsequently, the project proponent applied for Environmental Clearance and CRZ clearances for development of phase II which included a proposed LNG storage and regasification terminal and, extension of breakwater by another 2800m making it a total length of 4500 m.

It is contented that the Expert Appraisal Committee failed to appraise the project as interlinked projects. The project proponent had submitted separate proposals and separate EIAs. The Cumulative Impact Assessment of both the projects in addition to what had already been constructed has not been assessed. No public hearing was conducted.

The NGT directs notice to be issued to M/s. Simar Port Pvt. Ltd, MoEF&CC, and the Gujarat Coastal Management Authority returnable within three weeks.