Memorandum declaring port activities as non-industrial ops stayed

New Delhi: The National Green Tribunal has stayed an office memorandum of the Ministry of Environment and Forests (MoEF) which lists ports, harbours, jetties and dredging operations as non-industrial operations and states that it does not fall under the "red" category.

The Ministry had brought out notifications in 1989, with the purpose of prohibition/restriction of operations of certain industries to protect ecologically sensitive areas. The notification introduced the concept of categorization of industries as " Red", "Orange" and "Green" with the purpose of facilitating decisions related to location of these industries.

The green panel said the office memorandum issued by the MoEF needs to be re-examined/revisited undertaking assessment and evaluation by an expert group of impact of setting up port on overall ecology of the area in question, comprising of at least five renowned experts, including expert in Marine Biology/Ecolog and Wildlife Institute of India which may visit the site and interact with stake holders.

"Other members can be from Expert Appraisal Committee dealing with ports and harbours or otherwise. Till such a study is carried out and fresh decision taken, the impugned direction and O.M. in so far as they apply to the Dahanu Taluka ecologically fragile area may not be given effect. It is made clear that it will be open to any aggrieved party to challenge any fresh decision taken in the matter.

"We have not considered it necessary to issue notice as we are only directing compliance of pre-existing judgment of the Supreme Court. However, we give liberty to the MoEF and the CPCB to move this tribunal if they are aggrieved by this order," the bench said.

The tribunal was hearing a plea filed by fish workers union National Fishworkers Forum and others stating that Dahanu Taluka in Palghar district of Maharashtra is ecologically fragile area and thus red categories of industries are not permitted.