The Karwar Port authorities in Uttar Kannada district started seeking permission from the government for expansion from April 2017. The second stage development of the commercial Karwar Port is proposed in Baithkol village. The expansion, which would require 114 fisherfolk families to be relocated, is being sought near a Critically Vulnerable Coastal Area. The fisherfolk in the area are apprehensive that the expansion of the port will affect their livelihood; they have already lost their land and beaches to a naval base that was built there earlier.
The Ministry of Environment, Forest and Climate Change (MoEFCC) gave the Terms of Reference to the port in October 2017. After the Environment Impact Assessment report was published the same month, a public hearing was conducted in February 2018, in which fisherfolk from the area opposed the project. Despite this, the Karnataka State Environment Impact Assessment Authority granted the environmental clearance to the project in January 2019.
The Centre for Policy Research’s Environmental Justice Programme (EJP) initially helped the fisherfolk to understand the existing legal hooks in the case and to approach the administrative agencies. They also wrote letters to the authorities pointing out the inadequacies in the environmental clearance.
“Apart from the port, there are other projects going on in the area, including the Konkan railway line till the Karwar Port. These projects in totality will have a bigger impact; therefore, a cumulative environmental impact assessment should be done,” Mahabaleshwar Hegde, senior programme manager at the EJP, says in a video.
The port authorities had proceeded to construct a road on the beach without obtaining the consent of the Pollution Control Board as mandated in the Air (Prevention and Control of Pollution) Act, 1981, and Water (Prevention and Control of Pollution) Act, 1974. This was also a condition in the environmental clearance.
Even though an order was given by the Karnataka State Pollution Control Board to stop the work, the port authorities continued the road construction. The Karnataka High Court was then approached by Baithkol Bandaru Nirashritara Yantrika Dhoni Meenugarara Sahakara Sangha, an association formed in the 1960s to protest against land acquisition in the area without proper resettlement.
On 14 January 2020, hundreds of workers in the fish market gathered together and urged the government to not destroy their livelihood with the port expansion. A massive protest started two days later with the beginning of construction work for the 1,200-metre breakwater (Breakwaters are structures created in the sea to shelter vessels from waves and currents. Building breakwaters usually has adverse impacts on the coasts by increasing erosion and changing the coastline). Around 20,000-25,000 people participated in the protests, which went on for 14 days.
The Karnataka High Court passed an order on 24 January 2020 staying the expansion of the port until further orders. It also asked the port authorities to restore the beach to its original condition.
While the protests have ended and the port authorities have removed the construction material from the beach, the matter is still pending in court. Meanwhile, the fisherfolk have demanded that the current environmental clearance be revoked.
In July 2021, the Karnataka High Court held the consent for establishment (CFE) granted by the Karnataka State Pollution Control Board (KSPCB) for the second stage development of the commercial Karwar port at Baithkol village in Karwar in July 2020 as illegal. The Bench also noted that the jurisdictional environmental officer had not inquired into the extent of air and water pollution possible due to the project and in how the project’s proponent was going to deal with the same.
In March 2022, the Supreme Court asked the Karnataka government orally to stop the expansion work of the Karwar port. A bench presided over by Chief Justice N V Ramana rejected a contention by senior advocate Maninder Singh, appearing for DVP Infra Projects Private Ltd that the delay in project would escalate the costs, stating that beaches and the environment cannot be destroyed.
Demand/Contention of the Affected Community
Complaint against procedural violations
Other Demand/Contention of the Affected Community
To stop the port expansion, loss of livelihood.
Region Classification
Urban
Type of Land
Common
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Project stalled
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Non-agri rural enterprise, Other Natural Resource extraction/dependence
Whether the project was stalled due to land conflict
Yes
Source/Reference
<https://www.thenewsminute.com/article/why-fisherfolk-karnataka-are-protesting-against-expansion-karwar-port-116538> [Karnataka HC's 2020 order issuing stay on the port's expansion attached in the conflict report]
Total investment involved (in Crores):
₹
1993.54
Type of investment:
Cost of Project
Year of Estimation
2017
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Environmental Law, Environmental Law, Environmental Law, Environmental Law, Environmental Law
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
No
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Forced evictions/dispossession of land
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Karnataka High Court
Case Number
WP No. 1332/2020
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Whether criminal law was used against protestors:
Reported Details of the Violation:
Police arrested protesters who had gathered to oppose the expansion of Kawar port.
Date of Violation
January 15, 2020
Location of Violation
Karwar
Government Departments Involved in the Conflict:
State Environment Impact Assessment Authority, District Collector
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
No
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Uttar Kannada District Fishermen Association Forum, Baithkol Bandaru Nirashritara Yantrika Dhoni Meenugarara Sahakara Sangha
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Krithika A. Dinesh is a lawyer and researcher. After completing her graduation in Economics and Law from Delhi University, she went on to work on environmental justice issues for four years. She has formerly worked with the Centre for Policy Research and Namati on issues of environmental law compliance that affect communities, trying to resolve them through legal empowerment. She is currently pursuing her Masters in Environment and International Development from the University of East Anglia, England.
