In Brief
The Supreme Court dismissed an appeal by Essar Bulk Terminal Limited challenging a January 2016 notification expanding the limits of Hazira port in Gujarat. The port expansion was authorized under the Indian Ports Act 1908. Essar had invested heavily in reclaiming land and deepening channels at an adjacent captive jetty. The Court held that Essar lacked legal grounds to object because: (1) reclamation requires prior written permission under the Gujarat Maritime Board Act, which Essar never obtained for significant portions of reclaimed land; (2) MOUs with the GMB created no enforceable rights as they were temporary (12 months) and expressly reserved the GMB's discretion; and (3) Essar owned neither the jetty nor reclaimed land—both belonged to the Government. The port expansion served public interest by accommodating increased vessel traffic and operational requirements. The appeal was dismissed with no order as to costs.
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