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Supreme Court of India 2023-02-01 partly_allowed

K.T.V. OIL MILLS PRIVATE LIMITED vs UNION OF INDIA AND ORS

Bench: 3 — K.M. Joseph, B.V. Nagarathna, J.B. Pardiwala

In Brief

The Supreme Court addressed whether edible oil storage facilities could be lawfully located outside a notified port but within the coastal regulation zone (CRZ-II). The appellants, who imported edible oil through Chennai Port and constructed an underground pipeline to an external storage facility, sought to uphold ex post facto environmental clearance. The NGT had held the storage facility illegal because it was not located 'in' the notified port as required by the 2011 Notification. The Court rejected the appellants' contention that words 'in' and 'within' should receive different meanings permitting external location. It held that storage facilities must be located strictly within notified port limits, and while the pipeline (a permitted activity) may continue subject to authority approval, the storage tanks must be demolished within six months, with compensation payable within one month.

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Environmental Law Coastal Regulation Zone Administrative Law Statutory Interpretation Environmental Clearance Port Regulation

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