The Kerala High Court has directed that the construction being carried out at the Pulinkudy beach on the southern side of the Vizhinjam seaport in Thiruvananthapuram district by VISL be temporarily stopped, saying the work has not been cleared by the Union Environment Ministry.
A bench of Chief Justice Soumen Sen and Justice Syam Kumar V M said there was ambiguity with regard to the work being carried out by Vizhinjam International Seaport Ltd (VISL) and Adani Vizhinjam Port Private Ltd (AVPPL), as no one was able to show there has been any clearance for the construction. “In fact, in the counter affidavit filed by the third respondent (Kerala Coastal Zone Management Authority), in paragraph 6 it has been categorically stated that construction at Pulinkudy beach specified in the petition was not part of the existing and proposed master plan of VISL and the activity at Pulinkudy beach is not specified in the clearance issued by the Union Environment Ministry,” the bench noted.
It said if the ministry has not issued any clearance, then prima facie it appears that any further activity would affect the environmental and coastal areas. The court, therefore, directed that a joint inspection be carried out under the aegis of the ministry and in the presence of the petitioner (Benedict A) and all the respondents. The bench directed the ministry to file an affidavit clearly specifying whether, for the construction on the beach, any clearance has been obtained from all the statutory authorities.