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2024 Supreme(Online)(NGT) 5520

NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Pushpa Sathyanarayana, Judicial Member, Satyagopal Korlapat, Expert Member
Pradeep Babu Tandel Somnath Temple – Appellant
Versus
Union of India – Respondent


Advocates:
For Applicant(s): M/s. Ritwick Dutta, Rahul Choudhary, G. Stanly Hebzon Singh
For Respondent(s): Mr. G.M. Syed Nurullah Sheriff for R1, Mr. H.K. Vasanth for R2, M/s. Shivkumar Iyer & Aditi Maheswari for R3, Mr. Rajat Jonathan Shaw represented Mr. Darpan K.M. for R4 to R6

Table of Content
1. challenge to ec for non-disclosure of forest land in port expansion. (Para 1 , 2 , 3 , 4)
2. respondents deny project overlap, claim separate administrative development. (Para 5 , 6 , 7 , 8 , 9)
3. withdrawal of forest clearance due to land constraints. (Para 10 , 11 , 12 , 13 , 14)
4. no activity without approvals; applicants' apprehensions addressed. (Para 15 , 16 , 17 , 18 , 19 , 20)
5. impose penalty deposit; dispose oa with future liberty. (Para 21 , 22 , 23 , 24 , 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 3 Hectares. This is proposed to be expande

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