Published Date:
26-Nov-2011
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shipping-exchangeThe direction came following a petition by Keonjhar Navnirman Parishad, a social organization, in February, challenging the Centre's notification.


A division bench of Chief Justice V Gopala Gowda and Justice B N Mohapatra said the Union ministry of shipping's notification on October 22, 2010, was "illegal" and "unjustified" because the Odisha government was not consulted in the matter.


The petitioner alleged that Kolkata Port's expansion would affect the upcoming minor ports at Bichitrapur, Subarnarekha mouth, Bahabalpur, Inchudi, Chandipur, Chudamani and Dhamra in Odisha. Favouring the argument, the court also quashed a similar notification by KoPT on November 10, 2010.


"The high court quashed both the Union government and KoPT's notifications allowing expansion of the port limits into Odisha's coast. The court clearly observed that the Union government notification was illegal and arbitrary," said the petitioner's counsel, Narasingha Mishra.


The petitioner also alleged the notifications would incapacitate the Odisha government's developmental plans in boosting maritime activities. The state government, Subarnarekha port and Dhamra port, had also become parties to the petition.


Notably, the Orissa high court in its interim order passed on May 5 restrained KoPT and the Centre from taking any action in haste over the proposed expansion of port limits and asked the authorities "not to precipitate the matter".