The decision is applicable only under a 1991 notification, which declared Dahanu as ``eco-fragile''. However, as far as establishing the legality of constructing a port in a coastal zone regulation (CZR) (I) is concerned, the DTEPA has left it to the state government to approach the high court, if necessary. Repeated attempts to contact the senior management of P&O Ports, Australia, the lead developers of the project, failed. However, BP Pandey, chief executive officer at the MaharashtraMaritime Board (MMB), said. "We are studying the order and will soon decide the future course of action."
The DTEPA, in its order, has clearly stated that "in the regional plan prepared for the Dahanu area, there is no provision for a port at Vadhavan or any other site in Dahanu. The proposed project, therefore, will be a clear violation of the plan." The order, thereby, clearly seals the fate of the project under the regional plan.
The DTEPA has also stated that a vast mega port, such as the one P&O planned, fell within the definition of an industry. And industries under the Dahanu plan could come in a 500 acre area already earmarked as an industrial zone.
Taking note of a NEERI report, which has already declared the port detrimental to the environment, the DTEPA has acknowledged Dahanu as the last surviving green zone in that coastal area. In what could further complicate the case, the DTEPA has also stated that although the regional plan could be changed, the changes have to be in accordance with thenotification of eco-fragility of the area. This, to some extent, could prove an impediment in the way of the authorities trying to amend the regional plan itself under which the DTEPA order is being passed.
The DTEPA has also rapped P&O Ports, stating that it has not availed of the opportunity given to conduct environmental surveys necessary for the detailed environmental-impact assessment report. P&O Ports had received the permission to do so on August 11, but had failed to provide the information to the DTEPA. Instead, P&O had asked the DTEPA to first settle the issue of legality of the site. Therefore, the authority has been forced to issue this order.
When P&O first proposed the project, it was opposed by environmental activists on two grounds. One, it violated the Dahanu notification of 1991 declaring the area as an eco-fragile zone; and two, it was illegal under the coastal zone regulation. The DTEPA has declared the site illegal under the eco-fragility notifications. It has, however, left theentire issue of whether a port can be constructed in a CRZ untouched. P&O and the state government can, therefore, approach the high court for a clarification on the issue.
The other option for the state government, which is extremely keen to see the project come through, is a modification of the Dahanu notification itself for which they will have to approach the ministry of environment and forest. According to sources, a Dahanu-based industry association had already given a memorandum to the MOEF to denotify Dahanu as eco-fragile as it was stifling the growth of industries and employment generation in the area. While the MOEF has confirmed that they have received the memorandum, no decision has been taken on the matter.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
read original at : http://www.expressindia.com/fe/daily/19980920/26355314.html
read original at : http://www.expressindia.com/fe/daily/19980920/26355314.html
