Point of Law; General rule, the Courts consider it expedient in the interest of justice to start prosecution as contemplated by Section-476 of the old Code i.e., Code of Criminal Procedure, 1898, which is pari materia with Section-340 of Cr.P.C., only if there is a reasonable foundation for the charge and there is a reasonable likelihood of conviction (Protection) Act, 1986- sub-section (3) of Section 3 (Protection) Act, 1986- sub-section (3) of Section 3 -challenging the decision to expand the existing Karwar Fort at Baithkol village in Karwar taluk, Uttara Kannada district. The project of expansion of existing Karwar Port has been undertaken by the State Government through the Director of Ports and Inland Water Transport.

ORDER :

FACTUAL ASPECTS AND PLEADINGS IN WRIT PETITIONS:

These writ petitions under Article 226 of the Constitution of India have been filed for challenging the decision to expand the existing Karwar Port at Baithkol village in Karwar taluk, Uttara Kannada district. The project of expansion of existing Karwar Port has been undertaken by the State Government through the Director of Ports and Inland Water Transport. The State Level Environment Impact Assessment Authority-Karnataka (for short, ‘SEIAA’), the third respondent in W.P. No. 1332/2020, has been established by the Ministry of Environment and Forest, Government of India, in exercise of its powers under sub-section (3) of Section 3 of the Environment (Protection) Act, 1986 (for short ‘the said Act of 1986’). On 23rd January 2019, the SEIAA accorded Environmental Clearance for the proposed 2nd stage Development of Commercial Karwar Port (for short, ‘the 2nd stage Development’). Various conditions were incorporated in the Environmental Clearance under the headings ‘specific conditions’ and ‘general conditions’. In the ‘specific conditions’, condition No.23 was incorporated for obtaining a consent to establish and/or operate from the Karnataka State Pollution Control Board (for short, ‘KSPCB’) both under the Air (Prevention and Control of pollution) Act, 1981 (for short, ‘the Air Act’) and the Water (Prevention and Control of Pollution) Act, 1974 (for short, ‘the Water Act’). In the Environmental Clearance, it was recorded that the existing area of Karwar Port was 3 hectares and the capacity of the existing port was 3 million Tons/Annum. It was proposed to be increased by the 2nd stage Development to 4.5 Million Tons/Annum. The 2nd stage Development project was proposed on an area of 17 hectares (42.01 acres). The Environmental Clearance recorded that the 2nd stage Development will include the following:

a) Construction of five additional berths providing a berthing length of 1635 meters in continuation of existing berth in the Northern Direction;

b) Upgradation of existing lighterage wharfs for a length of 100 meters to accommodate higher draft vessel;

c) Providing reclamation bund around 800 meters length by rubble mount and reclamation of the sea area behind the berth to make the stockyard by filling average heights of 6.5 meters;

d) Construction of POL (Petroleum Oil) jetty, jetty head etc;

e) Construction of additional breakwater of 238 meters in continuation of existing breakwater;

f) Construction of a new breakwater having length of 1200 meters;

g) Hard surfacing the wharf area of 3,39,450 square meters of the reclaimed land;

h) Providing infrastructure facilities to comply with MARPOL (the International Convention for the Prevention of Pollution from Ships);

i) Additional facilities like construction of warehouse measuring 200 x 50 meters, transit sheds measuring 200 x 50 meters, cold storage facility measuring 50 x 50 meters and container facility measuring 200 x 40 meters; j) To provide labour amenity facilities including staff quarters etc.

2. It is recorded in the Environmental Clearance that the same has been granted as per the Environment Impact Assessment Notification dated 14th September, 2006 (for short ‘EIA Notification’) as amended from time to time. There is a challenge to the Environmental Clearance on the ground that as the 2nd stage Development Project was ‘A’ category project under the EIA notification, the SEIAA had no authority to grant Environmental Clearance and it is only the Government of India which could have granted the same. The petitioner in W.P.No.1332/2020 is claiming to be an Association of fishermen in Baithkol village of Karwar district. Reliance is placed in the petition on the representation made by the Uttara Kannada District Fishermen Association Forum (the petitioner in W.P.No. 2336/2020). On 20th December, 2019, a letter was addressed by the Environmental Officer of KSPCB (5th respondent in W.P.No.1332/2020) to the Executive Engineer of the