VidhiSangh

Supreme Court of India · 22/02/2018

ESSAR BULK TERMINAL LIMITED & ANR. versus STATE OF GUJARAT & ORS.

[2018] 2 S.C.R. 335 · 2018 INSC 187

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Summary

The Supreme Court upheld Gujarat’s notification expanding Hazira port limits. Essar had no private-property right or legitimate expectation entitling it to the disputed reclaimed land, whose ownership remained with the State or Maritime Board. Reclamation beyond the permitted area lacked prior written permission; environmental clearance did not cure that defect. The expansion served public-interest needs arising from increased vessel traffic, and the speed of an earlier recommendation alone did not establish mala fides.

Issues

  1. Whether expanding Hazira port limits infringed Essar’s property rights or legitimate expectation concerning reclaimed land.
  2. Whether prior Maritime Board permission was necessary for reclamation even where the resulting land belonged to the State.
  3. Whether the notification lacked public interest or was tainted by haste.

Provisions considered

Held

Result

Appeal dismissed without costs; notification expanding Hazira port limits upheld.

Judgment PDF: Supreme Court of India, [2018] 2 S.C.R. 335.