SOUTH WEST PORT LIMITED Vs. STATE OF GOA,

JUDGEMENT

(1.) The Petitioner, South West Port Limited, is a company engaged in the business of import of Coal and other raw materials. Respondent No. 1 is the Government of Goa. Respondent No. 2 is the Ministry of Environment, Forests & Climate Change, New Delhi.

(2.) The Petitioner has approached this Court invoking the extraordinary jurisdiction under Article 226 of the Constitution of India against the 'denial' by Respondent No. 2-Ministry of Environment, Forests & Climate Change (MOEF) of the Petitioner's application for terminal capacity enhancement at Berth Nos. 5A and 6A at Mormugao Port Trust, Vasco-da-Gama. In the alternative, the Petitioner is seeking clarification/modification of the order dated 22 November 2017 passed by the National Green Tribunal. The Ministry of Environment, Forests & Climate Change has taken a stand that it cannot consider the application of the Petitioner for terminal capacity enhancement in view of the order passed by the National Green Tribunal on 22 November 2017.

(3.) The principal grievance of the Petitioner is that nothing stops the Ministry of Environment, Forests & Climate Change from processing the application and a direction to the Ministry of Environment, Forests & Climate Change (MOEF) to decide the application of the Petitioner, be issued. Secondly, the order passed by the National Green Tribunal (The Tribunal) does not apply to it and it should be so clarified or the order be modified.