The Tribunal dismissed four appeals challenging Environmental and CRZ clearances for a port breakwater extension and an LNG terminal, holding the waiver of public hearing valid and a common EIA not mandatory.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE
THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)
APPEAL NO.30 OF 2019 (WZ)
IN THE MATTER OF:
MR. SAYYED MOHAMMED SABIR USMAN R/o- Building "Bage Shamim", CTS 212, Jin Plot, Kodinar, Taluka-Kodinar, District-Gir Somnath-362720
…..Appellant
Versus
1. UNION OF INDIA, THROUGH SECRETARY
Ministry of Environment, Forest and Climate Change, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi-11003
2. EXPERT APPRAISAL COMMITTEE (EAC)
Ministry of Environment & Forest and Climate Change, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi-11003
3. MINISTRY OF DEFENSE, THROUGH SECRETARY Room No. 101-A, South Block, MoD, New Delhi-110 011
4. STATE OF GUJARAT Through Chief Secretary, Government of Gujarat, Gandhinagar-382 020, Gujarat
5. FOREST AND ENVIRONMENT DEPARTMENT Through Principal Secretary, Government of Gujarat, Environment Department, GOG, Sachivalaya, Block No.14/8, Gandhinagar – 382 010
6. GUJARAT COASTAL ZONE MANAGEMENT AUTHORITY-(GCZMA) Office of Additional Chief Secretary, Forests and Environment Department, Government of Gujarat, Sachivalaya, Block No-14/8, Gandhinagar-382 010 7. GUJARAT MARITIME BOARD
APPEAL NO.30 OF 2019
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GMB Head Quarters, SAGAR BHAVAN' Sector 10-A, Gandhinagar-382010, Gujarat
8. NATIONAL BOARD FOR WILDLIFE (NBWL)
Through Principal Conservator of forest Government of Gujarat B/1, Aranya Bhavan, Opp, St.Xaviers School, Near Ch-3 Circle, Sector -10, Gandhinagar, Gujarat
9. NATIONAL FISHERIES DEVELOPMENT BOARD
Department of Fisheries, Ministry of Agriculture and Farmers Welfare, Government of India ―Fish Building‖ Pillar No.235, PVNR Expressway SVPNPA Post, Hyderabad- 500 052
10. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHROITY, GUJARAT (SEIAA)
Paryavaran Bhavan, Sector-10A, Gandhinagar-382 010, Gujarat
11. GUJARAT POLLUTION CONTROL BOARD
Paryavaran Bhavan, Sector 10A, Gandhinagar-382 010
12. GUJARAT POLLUTION CONTROL BOARD
Through Regional Officer, 'Pankaj Bungalow' Opposite Saint Anne's Church, Station Road, Junaghar, District-Junaghar-362 001
13. GRAMPANCHAYAT OF CHHARA
At Post-Chhara, Taluka-Kodinar District Gir Somnath, Gujarat
14. COLLECTOR. OF GIR SOMNATH
As Collector and President of District Environment protection Committee Gir Somnath District Collector office Campus, At-Veraval, Taluka-Veraval, District- Gir Somnat-362265, Gujarat
15. M/s. SIMAR PORT PRIVATE LIMITED Having registered office at-
Venus Amadeus, 301-305, 3rd Floor, Jodhpur Cross Road, Satellite, Ahemdabad District- Ahmedabad,
Gujarat- 380015 Also Having Business office at- SP Centre, 41/44, Minoo Desai Marg, Colaba, Mumbai-400005 Through its Directors 15A. Mr. Subramanian Krishnamurthy, 15B. Mr. Mukundan Srinivasan,
.....Respondents
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APPEAL NO.30 OF 2019
AND
APPEAL NO.31 OF 2019 (WZ)
MR. SAYYED MOHAMMED SABIR USMAN R/o- Building "Bage Shamim", CTS 212, Jin Plot, Kodinar, Taluka-Kodinar, District-Gir Somnath-362720
…..Appellant
Versus
1. UNION OF INDIA, THROUGH SECRETARY Ministry of Environment, Forest and Climate Change, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi-11003 2. EXPERT APPRAISAL COMMITTEE (EAC) Ministry of Environment & Forest and Climate Change, Paryavaran Bhavan, CGO Complex, Lodhi Road, New Delhi-11003 3. MINISTRY OF DEFENSE, THROUGH SECRETARY Room No. 101-A, South Block, MoD, New Delhi-110 011 4. STATE OF GUJARAT Through Chief Secretary, Government of Gujarat, Gandhinagar-382 020, Gujarat 5. FOREST AND ENVIRONMENT DEPARTMENT Through Principal Secretary, Government of Gujarat, Environment Department, GOG, Sachivalaya, Block No.14/8, Gandhinagar – 382 010 6. GUJARAT COASTAL ZONE MANAGEMENT AUTHORITY-(GCZMA) Office of Additional Chief Secretary, Forests and Environment Department, Government of Gujarat, Sachivalaya, Block No-14/8, Gandhinagar-382 010 7. GUJARAT MARITIME BOARD GMB Head Quarters, SAGAR BHAVAN' Sector 10-A, Gandhinagar-382010, Gujarat 8. NATIONAL BOARD FOR WILDLIFE (NBWL) Through Principal Conservator of forest APPEAL NO.30 OF 2019
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Government of Gujarat B/1, Aranya Bhavan, Opp, St.Xaviers School, Near Ch-3 Circle, Sector -10, Gandhinagar, Gujarat
9. NATIONAL FISHERIES DEVELOPMENT BOARD
Department of Fisheries, Ministry of Agriculture and Farmers Welfare, Government of India ―Fish Building‖ Pillar No.235, PVNR Expressway SVPNPA Post, Hyderabad- 500 052
10. STATE LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHROITY, GUJARAT (SEIAA)
Paryavaran Bhavan, Sector-10A, Gandhinagar-382 010, Gujarat
11. GUJARAT POLLUTION CONTROL BOARD
Paryavaran Bhavan, Sector 10A, Gandhinagar-382 010
12. GUJARAT POLLUTION CONTROL BOARD
Through Regional Officer, 'Pankaj Bungalow' Opposite Saint Anne's Church, Station Road, Junaghar, District-Junaghar-362 001
13. GRAMPANCHAYAT OF CHHARA
At Post-Chhara, Taluka-Kodinar District Gir Somnath, Gujarat
14. COLLECTOR. OF GIR SOMNATH
As Collector and President of District Environment protection Committee Gir Somnath District Collector office Campus, At-Veraval, Taluka-Veraval, District- Gir Somnat-362265, Gujarat
15. M/s. HPCL SHAPOORJI ENERGY LIMITED Having registered office at-
Venus Amadeus, 301-305, 3rd Floor, Jodhpur Cross Road, Satellite, Ahemdabad District- Ahmedabad, Gujarat- 380015 Also Having Business office at- SP Centre, 41/44, Minoo Desai Marg, Colaba, Mumbai-400005 Through its Directors 15A. Mr. Jai Laxmikant Mavani 15B. Mr. Mukundan Srinivasan,
.....Respondents
AND
APPEAL NO.49 OF 2019 (WZ)
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APPEAL NO.30 OF 2019
I.A. NO.59 OF 2019 (WZ)
| PRO PUB Mr. Villa Dist |
TECTION OF ENVIRONMENT AND LIC SERVICE COMMITTEE Bhagwanbhai B. Solanki ge Lodhava, TalukaSitrapada, rict Gir Somnath — 362275 |
…..Appellant |
|---|---|---|
| Versus | ||
| 1. | UNION OF INDIA, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhavan, Jor Bagh Road, New Delhi-110 003 |
|
| 2. | HPCL SHAPOORJI ENERGY LIMITED SP Centre, 41/44. Minoo Desai Marg, Colaba, Mumbai- 400005 |
|
| 3. | GUJARAT COASTAL ZONE MANAGEMENT AUTHORITY-(GCZMA) Forests and Environment Department, Sachivalaya, Block No.14/8, Gandhinagar, Gujarat -382 020 |
|
| 4. | GUJARAT POLLUTION CONTROL BOARD Paryavaran Bhavan, Sector 10A, Gandhinagar, Gujarat -382 010 |
|
| 5. | STATE OF GUJARAT Through Chief Secretary, Sachivalya, Gandhinagar – 382 020, Gujarat, India |
|
| ... | ..Respondents | |
| AND | ||
| APPEAL NO.50 OF 2019 (WZ) | ||
| PRO PUB Mr. Villa Dist |
TECTION OF ENVIRONMENT AND LIC SERVICE COMMITTEE Bhagwanbhai B. Solanki ge Lodhava, TalukaSitrapada, rict Gir Somnath — 362275 |
…..Appellant |
| Versus | ||
| APPE | AL NO.30 OF 2019 | Page5of67 |
1. M/S SIMAR PORT PVT. LTD. SP Centre, 41/44, Minoo Desai Marg, Colaba, Mumbai – 400 005 (Maharashtra)
2. UNION OF INDIA, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhavan, Aliganj, Jor Bagh Road, New Delhi-110 003
3. GUJARAT COASTAL ZONE MANAGEMENT AUTHORITY-(GCZMA) Block No.14/8th Floor, New Sachivalaya, Sector-10A, Gandhinagar
4. STATE OF GUJARAT
Through Chief Secretary, Gandhinagar – 382 020, Gujarat, India
.....Respondents
Counsel for the Appellant:
Appeal No.30 OF 2019 (WZ)
None present
Appeal No.31 OF 2019 (WZ)
None present
Appeal No.49 OF 2019 (WZ)
Mr. Rahul Choudhary, Advocate
Appeal No.50 OF 2019 (WZ)
Mr. Rahul Choudhary, Advocate
Counsel for the Respondents:
Appeal No.30 OF 2019 (WZ)
Mr. Narender Pal Singh, Advocate for R-1/MoEF&CC Ms. Shruti Umesh, Advocate h/f Mr. Parth H. Bhatt, Advocate for R-4, 5 & 14 Ms. Manvi Damle, Advocate h/f Mr. Maulik Nanavati, Advocate for R-6, 10, 11 & 12 Mr. R.B. Mahabal and Mr. Sachin Gore, Advocates for R-15/PP
Appeal No.31 OF 2019 (WZ)
Mr. Narender Pal Singh, Advocate for R-1/MoEF&CC Ms. Shruti Umesh, Advocate h/f Mr. Parth H. Bhatt, Advocate for R-4, 5 & 14 Ms. Manvi Damle, Advocate h/f
Mr. Maulik Nanavati, Advocate for R-6, 10, 11 & 12
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APPEAL NO.30 OF 2019
Mr. R.B. Mahabal and Mr. Sachin Gore, Advocates for R-15/PP
Appeal No.49 OF 2019 (WZ)
Mr. Narender Pal Singh, Advocate for R-1/MoEF&CC Mr. R.B. Mahabal and Mr. Sachin Gore, Advocates for R-2/HPCL
Appeal No.50 OF 2019 (WZ)
Mr. R.B. Mahabal and Mr. Sachin Gore, Advocates for R-1/PP Ms. Manvi Damle, Advocate h/f Mr. Maulik Nanavati, Advocate for R-3 & 4
PRESENT:
Hon’ble Mr. Justice Dinesh Kumar Singh (Judicial Member) Hon’ble Dr. Sujit Kumar Bajpayee (Expert Member)
Reserved on : 12.08.2026 Pronounced on : 07.09.2026
JUDGMENT
agricultural land of Chhara and Sarkhadi Villages. This project is going to be developed in two phases, first phase involved imported coal handling and second phase involved other operations. Main purpose of this port is coal handling.
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species. The port boundary is touching the Kaj-Nanawada wet land and definitely operation of port is going to affect it.
corridors and revenue areas around the Gir Wildlife Sanctuary, Gir National Park, Paniya Wildlife Sanctuary and Mitiyala Wildlife Sanctuary Region.
reply dated 05.07.2019 , wherein it is submitted that appeal is barred by limitation as the EC as well as CRZ clearance had been granted in the case in hand by MoEF&CC for the project for development of the port at Village Chhara, Junagarh District, Gujarat in year 2014 (on 06.01.2014).
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a) Breakwater (Length: 1700m, Width: 75m at bottom, Height: 10m above CD level).
shoreline, and parallel to the shoreline. The EC dated 06.01.2014 granting approval to the Port project also approved the Breakwater of length of approx. 1700 m originally envisaged in Phase I of the port project.
under Clause 7 of the EIA Notification of 2006, to be repeated. As a responsible developer and project proponent, the answering respondent has applied for Environmental Clearance for extension of breakwater.
any new Project only after complying with the stage-wise process, including public consultation, as prescribed in Clause 7(i) of the EIA Notification of 2006. Thereafter, for any expansion / modernization of the Project, as per Clause 7(ii) of the EIA Notification of 2006, the Expert Appraisal Committee (EAC) is vested with the power to decide on the due diligence necessary for such projects. Clause 7(ii) of the EIA Notification of 2006 is reproduced herein below:-
" 7(ii) Prior Environmental Clearance (EC) process for Expansion or Modernization or Change of product mix in existing projects : All applications seeking prior environmental clearance for expansion with increase in the production capacity beyond the capacity for which prior environmental clearance has been granted under this notification or with increase in either
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APPEAL NO.30 OF 2019
lease area or production capacity in the case of mining projects or for the modernization of an existing unit with increase in the total production capacity beyond the threshold limit prescribed in the Schedule to this notification through change in process and or technology or involving a change in the product-mix shall be made in Form I and they shall be considered by the concerned Expert Appraisal Committee or State Level Expert Appraisal
Committee within sixty days, who will decide on the due diligence necessary including preparation of EIA and public consultations and the application shall be appraised accordingly for grant of environmental clearance."
on the ground that a detailed and comprehensive public consultation for the Port project had already been conducted on 19.11.2010. The proposed extension of the breakwater is within the Port boundary. The EC sought by HSEPL would also include the process of public consultation.
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30.07.2019 has been filed , wherein it is submitted that break waters is covered under entry 7(e) of the Schedule to the EIA Notification, 2006.
“3. Prohibited activities within CRZ - The following are declared as prohibited activities within the CRZ,-
(i) Setting up of new industries and expansion of industries except,-
(a) those directly related to waterfront or directly needing foreshore facilities;
Explanation: The expression "foreshore facilities" means those activities permissible under this notification and they require waterfront for their operations such as ports and harbours, jetties, quays, wharves, erosion control measures, breakwaters, pipelines, lighthouses, navigational safety facilities, coastal police stations and the like.;
(iv) Land reclamation, bunding or disturbing the natural course of seawater except those,-
(a) required for setting up, construction or modernisation or expansion of foreshore facilities like ports, harbours, jetties, wharves, quays, slipways, bridges, sealink, road on stilts, and such as meant for defence and security purpose and for other facilities that are essential for activities permissible under the notification;
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4. Regulation of permissible activities in CRZ area - The following activities shall be regulated except those prohibited in para 3 above -
(i) (f) Construction and operation for ports and harbours, jetties, wharves, quays, slipways, ship construction yards, breakwaters, groynes, erosion control measures and salt works:”
was considered by EAC (Infra-II) in its meeting held during 25th - 27th May, 2017. The EAC, on being satisfied with the submissions of the project proponent in response to its earlier observations, recommended the project for grant of Environmental and CRZ Clearance and stipulated certain specific conditions along-with other environmental conditions while considering to accord environmental clearance. A copy of the minutes of the 18th meetings held during 25th - 27th May, 2017 is annexed as Annexure - R1/5.
FACTS OF APPEAL NO.31 OF 2019
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found to be same facts which are already dealt with while dealing with the Appeal No.30/2019.
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information from the project proponent for further deliberation on the proposal.
FACTS OF APPEAL NO.49 OF 2019
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124. Respondent No.2 - HPCL Shapoorji Energy Ltd has filed reply
affidavit dated 12.10.2020 , wherein it is submitted that similar issues are involved as were involved in Appeal No.50/2019, Appeal No.30/2019 APPEAL NO.30 OF 2019 Page 61 of 67
and Appeal No.31/2019. The answering respondent has filed reply affidavit in Appeal No.31/2019 the contents of the same are reiterated here also. Because of the averment that the same facts are being reiterated herein, we need not reproduce them again.
FACTS OF APPEAL NO.50 OF 2019
128. Respondent No.1- M/s Simar Port Private Limited has filed reply
affidavit dated 04.10.2019 , wherein the same facts are contained, which have already been dealt with by us in earlier appeals cited above, hence they are not being reproduced here.
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" The matter relating to the procedure for consideration of integrated and inter related projects for grant of Environmental Clearance under the provisions of EM Notification, 2006 has been receiving attention of this Ministly for quite some time. After detailed deliberations in the Minim)), it has been decided that the following procedure shall be adopted henceforth for the consideration of such projects:
i. Integrated and inter-linked projects having multi sectoral components shall prepare a common EIA report, covering impact of each of the component in a comprehensive manner. After obtaining ToRs from each of the respective sectoral Expert Appraisal Committees (EACs). For the purpose, the project proponent shall submit applications to each of the sector simultaneously giving full details of the project (comprehensively for the integrated/interlinked projects as also for the particular component sector specific) in the prescribed format (Form — 1) and the pre-feasibility report.
ii. The respective sectoral Expert Appraisal Committee will consider the project with specific emphasis on their respective sectors and prescribe the ToRs which will not be limited to the sectors but would also encompass the entire project as a whole.
iii. The proponent shall prepare a common EIA report covering all the sectors comprehensively and hold public hearing based on the EIA Report so prepared for each component as per provisions of EIA Notification, 2006.
iv. After the EIA report has been prepared and public hearing has been held, the proposals for environmental clearance in respect of all the sectoral components of the project shall be submitted simultaneously.
v. The respective EACs will consider the sector specific proposals based on the common EIA report and will make their recommendations relating to that particular component. However, in doing so, the overall impact of the project as a whole will also be considered.
vi. After the proposal relating to the various components have been considered by the respective EACs and their recommendations made, these proposals will be processed on individual files for obtaining simultaneous approval of the Competent Authority."
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requested for waiver of Public Hearing on the ground that Public Hearing was conducted on 19.11.2010 while obtaining the EC and CRZ clearance for the Port and the proposed extension of berth is within Port boundary. The Joint venture which will establish and operate LNG terminal at the proposed berth will go for Public Hearing. The EAC accepted the justification and recommended for exemption from conducting the Public Hearing for the above proposal. Hence the same was waived.
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APPEAL NO.30 OF 2019
Justice Dinesh Kumar Singh, JM
Dr. Sujit Kumar Bajpayee, EM
September 07, 2026 APPEAL NO.30 OF 2019 Along-with the other appeals SAR
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2 issues framed by the court
Whether the waiver of public hearing for the extension of breakwater project was valid.
Whether inter-linked projects required a common EIA report
Sayed Mohammed Sabir Usman
Union of India through Secretary MoEFCC
M/s Simar Port Private Limited
M/s HPCL Shapoorji Energy Limited
Dinesh Kumar Singh
Sujit Kumar Bajpayee
As recorded by the court registry
An appeal before a tribunal against an order of a statutory authority.
Judgements on the same questions, provisions and authorities, from every court
