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Supreme Court of India 2018-02-22 dismissed

Essar Bulk Terminal Limited & Anr vs State of Gujarat & Ors

Bench: 2 — R.F. Nariman

In Brief

Essar Bulk Terminal challenged a 2016 notification expanding the limits of Hazira port, contending it violated their reclaimed land and relied on prior MOUs and CRZ clearance. The Supreme Court held that reclamation within GMB limits requires prior written permission under Section 35(1) of the Gujarat Maritime Board Act—which the Appellants never obtained for dredging below 8 meters and reclaiming land south of the mangroves. Expired 12-month MOUs could not create legitimate expectation. Ownership of reclaimed land vested in the Government, not the Appellants. The notification was lawfully issued in public interest to accommodate increased port traffic and posed no violation of private property rights. Appeal dismissed.",

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Ports and Maritime Law Administrative Law Property Rights Infrastructure Development Environmental Clearance Legitimate Expectation Government Notifications Coastal Regulation

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