Maharashtra
Varor, Gungwada, Wadapokhran
,
Vadhwan
,
Palghar
Published :
Jul 2017
|
Updated :
Union Cabinet approves Vadhavan port project in Maharashtra despite protests
Reported by
Stella James
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
5208
Households affected
25000
People affected
2015
Year started
2000
Land area affected
5208
Households affected
25000
People Affected
2015
Year started
2000
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Port
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Port
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In 2015, Maharashtra's Jawaharlal Nehru Port Trust (JNPT), which handles more than half of India's shipping cargo, proposed to build a port near Vadhvan in Dahanu, to be jointly administered by JNPT (74 per cent stake) and the Maharashtra Maritime Board (26 per cent stake). The location at Vadhwan was chosen because of its connectivity to the western line network that will facilitate the Delhi-Mumbai Freight Corridor project.

Earlier in 1998, the port was to be developed by Peninsular and Oriental Australia Ports Private Limited but did not take off due to protests over environmental concerns and displacement of the local fishing community. However, for this project, it was decided to reclaim land from the sea rather than private land to prevent conflict over acquisition. But this time too, soon after the proposal, the project was shelved due to pressure from the local people and various environmental groups.

In December 2015, around 25,000 fisherfolk staged a massive protest at the Palghar collector’s office. The protesters said that the project would cause huge damage to the marine environment and also affect the daily livelihood of the local fisherfolk as fishing would be prohibited in the region. The project was stalled since Dahanu was still an eco-sensitive zone (ESZ), and no construction could happen unless it was de-notified.

In 2016, the Maharashtra government asked the Ministry of Environment, Forests and Climate Change (MoEFCC) to exclude the proposed port from the ESZ category. The region was notified ESZ in 1991 by the environment ministry after a Supreme Court order. In September 2019, the MoEFCC filed a petition in the Supreme Court demanding the ESZ status of Dahanu to be scrapped.

In October 2019, the residents of Vadhvan and Varor villages completely boycotted the Assembly polls to protest against the port.

In February 2020, the MoEFCC granted "in-principle" approval to the construction of the port and in July 2020, JNPT applied to an Expert Appraisal Committee of the MoEFCC for environmental and coastal regulation zone clearance.

In February 2024, at least 3,000 villagers [blocked](https://indiashippingnews.com/villagers-block-mumbai-ahmedabad-highway-for-opposing-vadhavan-port/#:~:text=Villagers block Mumbai-Ahmedabad Highway for opposing Vadhavan Port,-Feb 24%2C 2024&text=MUMBAI %3A Around 3%2C000 villagers opposing,the way up to Bhayandar) the Mumbai-Ahmedabad Highway in protest against the port. On 18 April 2024, the Bombay High Court upheld the July 2023 order passed by the Dahanu Taluka Environment Protection Authority (DTEPA) allowing JNPA to develop a greenfield port at Vadhavan in Palghar district stating that the DTEPA has taken ‘all relevant aspects into consideration’.

On 19 June 2024, the Union Cabinet approved the Rs 76,220-crore Vadhavan Port project in Maharashtra after months of deliberations. The total project area is 17,471 hectares, including 16,906 hectares of port area and the remaining 571 hectares earmarked for ancillary activities.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Rural

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?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Project underway despite protests

Original Project Deadline

2017

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Water bodies, Other Natural Resource extraction/dependence

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

76200

Type of investment:

Revised Investment

Year of Estimation

2024

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Ministry of Ports, Shipping and Waterways, Maharashtra Maritime Board

PSUs Involved in the Conflict:

Jawaharlal Nehru Port Trust

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?

Communities/Local Organisations in the Conflict:

Fisherfolk, Wadhwan Bunder Virodhi Sangharsh Samiti

5
Information on the use of criminal law

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?

Legal Supporting Documents

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Reported by
Stella James
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Fact sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Opposition against environmental degradation

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

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?

Status of Project

Project underway despite protests

Original Project Deadline

2017

Whether the Project has been Delayed

Yes

Significance of Land to Land Owners/Users

Water bodies, Other Natural Resource extraction/dependence

Whether the project was stalled due to land conflict

Source/Reference

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