Factual Inquiry Outside Scope Of Article 226: Gujarat HC On PIL Against Port Expansion "Damaging" Mangroves, Says Litigant May Move NGT

The Gujarat High Court dismissed a PIL challenging Environmental and Coastal Regulation Zone (CRZ) clearances for port expansion projects in Kandla affecting mangroves. The court stated that the issues raised required a factual inquiry not possible under Article 226 of the Constitution and suggested that the petitioners approach the National Green Tribunal (NGT) for redressal. The court noted that examining the contentions would require reviewing the entire record of clearances and additional evidence, including oral testimonies. The petitioners argued that the environmental clearances granted in 2016 and 2020 for Deendayal Port Authority projects should be canceled due to potential ecological damage to mangrove forests categorized under CRZ-1A. The court emphasized that the scope of Article 226 does not permit such detailed factual inquiries and directed the petitioners to seek remedy through the NGT.