KEONJHAR NAVA NIRMAN PARISHAD Vs. UNION OF INDIA & 3 OTHERS

JUDGEMENT

(1.) THE first writ petition (W.P.(c) No. 3323 of 2011) has been filed as a Public Interest Litigation by the petitionerorganization, which is claiming to be a registered organization and is engaged in taking up various common problems of the people for seeking redressal thereof. The second writ petition (W.P.(C) No. 17028 of 2011) has been filed by the petitioners M/s Subarnarekha Port Pvt. Ltd. and two other associate companies which are companies incorporated under the Companies Act, 1956 and engaged by the Government of Orissa for development of the Subarnarekha Port project vide MOU executed on 11.01.2008 and which have made substantial investments in the development of the Subarnarekha Port and therefore, they are severely affected and prejudiced by the illegal and arbitrary action on the part of the opposite parties.

(2.) BOTH the writ petitions have been filed questioning the correctness of the Notification No. 2609(E) dated 22.10.2010 issued by the Central Government in exercise of power under Section 5 of the Indian Ports Act, 1908 and Section 2 (q) of the Major Port Trust Act, 1963 and Notification No. Adm/01250/VI dated 10.11.2010 issued by the Kolkata Port Trust (hereinafter called the KOPT ) in exercise of power conferred by Section 132(2) of the Major Port Trusts Act, 1963 and contending that altering the limits of the Port of Kolkata to the detriment of the interest of the people of Orissa as well as Orissa State and therefore the impugned notifications are perverse, malafide, vitiated with arbitrariness and suffer from violation of Articles 14 and 245 of the Constitution of India as well as federalism and the principle of separation of powers which are the basic structure of the constitution.

(3.) THE grievance of the petitioner in first writ petition is that as a result of the said notifications the extension of Kolkata Port limits will not only jeopardize the development of ports in Orissa coast and severely limits the maritime activities in the State but also have serious ramification for the coastal environment. It will also deprive the livelihood of lakhs of people of Orissa State.