News By/Courtesy: Shivam Narayan Pandey | 30 Jul 2021 20:07pm IST

HIGHLIGHTS

  • Karnataka State Pollution Control Board's approval of the second stage of development for the Karwar port in Uttara Kannada district is illegal and should be revoked.
  • The Kansas State Pollution Control Board (KSPCB) was established to prevent and control water and air pollution.
  • It had filed a PIL against KSPCB for its approval of the second stage of Karwar port development.

As of Thursday, the Karnataka High Court ruled that the Karnataka State Pollution Control Board's approval of the second stage of development for the Karwar port in Uttara Kannada district is illegal and should be revoked (Baithkol Bandharu Nirashrithara v. Chief Executive Officer, Karnataka Maritime Board). Justices Suraj Govindaraj and Chief Justice Abhay Shreeniwas Oka both opined that the KSPCB's actions went against the very purpose of its creation. "The Kansas State Pollution Control Board (KSPCB) was established to prevent and control water and air pollution. The Kansas State Pollution Control Board is responsible for monitoring air and water pollution. We can't deny that the actions of the KSPCB have undermined its very purpose for being created in the first place." As a result of the Supreme Court's decision, Even though there was an assigned local environmental officer, he had not inquired about possible air and water pollution or how the project's proponent intended to deal with it, it was noted. Because the KSPCB did not apply its mind, did not consider relevant factors, and made a decision in an illegal manner, "the entire process is vitiated," the court said.

The Uttara Kannada District Fishermen's Association Forum, Karwar, had filed a Public Interest Litigation (PIL) challenging the KSPCB's consent for the second stage development of the Karwar port. All other objections raised by petitioners against this project were rejected, except for a finding of illegality in the KSPCB's process According to the laws governing air and water pollution, the court allowed the KSPCB to make a new decision within a month. It also accepted the KPSCB's promise to conduct a new inspection and review the port officer's application for consent. Also in this regard was a court order to ensure that the project is carried out in strict compliance with all terms and conditions of the Environment Clearance granted by the State Level Environmental Impact Assessment Authority in January of 2019.

Section Editor: Miss Lucky Sinha | 31 Jul 2021 8:16am IST

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Tags : #KarnatakaHighCourt #KarwarPort #KarnatakaStatePollutionControlBoard

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