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NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Pushpa Sathyanarayana, Judicial Member, Satyagopal Korlapati, Expert Member
Pradeep Babu Tandel Somnath Temple – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to ec for non-disclosure of forest land in port expansion eia. (Para 1 , 2 , 3 , 4) |
| 2. respondents deny project overlap, claim separate administrative developments. (Para 5 , 6 , 7 , 8 , 9) |
| 3. withdrawal of forest clearance due to land constraints, plans revised. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. public trust doctrine invoked; penalty for irregular forest clearance pursuit. (Para 20 , 21 , 22 , 23 , 24) |
| 5. oa disposed with liberty to re-file; deposit rs.10 crores mandated. (Para 25 , 26 , 27) |
JUDGEMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member.
1. This Original Application is filed by the residents of Karwar in Uttara Kannada, Karnataka, seeking revocation of the Environmental Clearance dated 23.01.2019 granted in favour of the 4th Respondent/ Project Proponent on the ground that the same has been obtained without disclosure of all relevant information and that there is a change in scope of the project.
2. The challenge relates to the proposed second stage development of the commercial Karwar Port at Baithkol Village, Karwar Taluk, Uttara Kannada. The existing port has a capacity of 3 MTPA with a total land area of
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