The Kerala High Court has declared flawed the constitution of an expert committee appointed by the State Government to examine allegations of coastal erosion linked to the Vizhinjam International Seaport project. It has also directed the government to constitute a fresh, independent panel and ruled that the existing committee's report, which found no coastal erosion attributable to the port, should not be acted upon.

Justice Harisankar V Menon issued the directions while allowing a petition filed by residents of fishing villages within 20 km north of Vizhinjam. They alleged that the construction of the port, particularly its breakwaters, had caused significant coastal erosion along the northern shoreline and accretion on the southern side, damaging houses and affecting traditional livelihoods.

The petitioners challenged the expert committee constituted through a government order dated October 6, 2022, alleging that some of its members had professional associations with the port project and entities connected to its implementation, raising questions about their independence.

The committee was chaired by M D Kudale, a former Additional Director of the Central Water and Power Research Station (CWPRS), Pune. The petitioners pointed out that Kudale had previously served as an expert member of a technical sub-committee involved in the development of the Vizhinjam port.

They also cited a 2010 research paper authored by Kudale, which discussed how port construction, including breakwaters and dredging, could disrupt longshore sediment movement, causing accumulation on one side and erosion on the other. The petitioners argued that this position contradicted the findings of the committee he later headed.

The court observed that Kudale's previous involvement in the project was undisputed and said his inclusion in the committee examining its environmental impact should have been avoided. It also noted the apparent contrast between his earlier published views and the committee's findings, while clarifying that it was not examining the scientific validity of the report.

The petitioners also raised concerns about another member, P V Chandramohan, citing his alleged professional association with Navayuga Engineering Company Ltd, which they said had business links with Adani Enterprises. The court noted that these allegations had not been effectively denied by the respondents.

However, it declined to interfere with the inclusion of Riji K John, observing that the quashing of his appointment as Vice-Chancellor of Kerala University of Fisheries and Ocean Studies (KUFOS) did not, by itself, disqualify him from serving on the expert panel.

The State Government argued that coastal erosion in the region was caused by high wave activity and cyclonic conditions rather than the port construction. It also maintained that the project was located between two rocky promontories, limiting longshore sediment transport, and that affected residents had been provided rehabilitation benefits.

Vizhinjam International Seaport Ltd and the project concessionaire defended the project, citing its strategic importance and the environmental and coastal regulation clearances it had obtained. They also argued that the petition was delayed, as the residents had reported erosion since 2016 but approached the court only in 2022.

The High Court rejected the objection of delay, noting that the government itself had constituted the disputed committee in October 2022 to examine the erosion allegations.

The court clarified that the petition did not seek a halt to the ongoing port construction. Its examination was limited to the legality of the committee's constitution and the validity of its report.

It also rejected the State's argument that another monitoring committee constituted under directions from the National Green Tribunal (NGT) made the disputed panel's report unnecessary. The government could not disregard the report of a committee it had specifically constituted to examine coastal erosion allegations, the court observed.

Allowing the petition, the High Court directed the State Government to form a fresh expert committee to conduct the studies envisaged in the October 2022 order. The new panel must comprise independent experts with no conflicts of interest, taking into account the court's observations and the views of relevant stakeholders.
(LiveLaw inputs)