WILFRED J. Vs. MINISTRY OF ENVIRONMENT & FORESTS

JUDGEMENT

(1.) BY this common judgment we will dispose of the above Original Application No. 74 and Appeal No. 14, both of 2014 as they arise between the same parties and relate to one and the same project on identical facts.

(2.) THE appellants (applicants in Application No. 74 of 2014 hereafter commonly referred as 'appellants') are persons interested in the protection of environment and ecology. They are persons aggrieved and affected due to the Vizhinjam Port Project (for short 'the project'). The Appellants are fishermen belonging to families that traditionally do fishing in the project area and are representatives of the larger community of fisher folk who inhabit that area. By the project, not only the ecology and environment of that area would be affected but there would also be adverse impact on their livelihood. The Appellants are also the registered members of the Fish Workers Welfare Board formed by the Government of Kerala to give assistance to the people in the fishing occupation. This is the benchmark to determine that Appellants are sea going fishermen.

(3.) THE project proponent was appointed by the State of Kerala as nodal agency to develop this International Container Transhipment Terminal (deepwater port) at Vizhinjam. The Project Proponent submitted an Application in the prescribed format for obtaining the Environmental Clearance on 28th August, 2010. On the basis of Application submitted, the Terms of Reference (for short TOR') were prepared and considered by the Expert Appraisal Committee (for short 'the EAC) in its 95th Meeting held from 18th to 20th January, 2011 and 100th Meeting held from 11 -12th May, 2011 and 101st Meeting held on 31st May, 2011. Agreeing with the Applicant, despite having serious reservations, about the selection of the project site, the higher erosion shore line of the site and the impact of other nearby ports on the project, the EAC recommended a project -specific (non -site specific) TOR, with the direction that after site selection based on site selection criteria, it shall issue additional site -specific TOR. The non -site specific TOR of the said project were finalised by the Ministry of Environment and Forest (for short 'MoEF') vide its letter dated 10th June, 2011.