Fisherfolk protest illegal construction of road on coastal commons for Honnavar Port, Karnataka

In January 2022, members of the fishing community of a coastal village gathered to protest the construction of a road on the beach in Uttara Kannada district, Karnataka. A four lane 4 Kilometre road is being constructed to connect the Honnavar port to National Highway 66. It passes through the beach at Kasarkod Tonka.

The development of the Honnavar port is likely to lead to the loss of local livelihoods and directly affect the health of the community. The construction of the road itself is likely to impact 2000 women of the fisher folk community living in the area. It will also affect the population of Olive Ridley turtles which use the beach as a nesting site.

This road is located in coastal regulation zone III, which is a ‘no development zone’ under India’s coastal regulatory framework. Designated as ’unsurveyed’ land is part of the village coastal commons and has been used as a dry fish yard by the local community for generations. The plan for the road construction was not disclosed in the Honnavar port project proposal in its environmental clearance application.

Again, on 24 January 2021, about 60-70 men and women from the community came together to peacefully protest against the construction of the illegal road as part of the port development. During this protest, they were physically assaulted and picked up forcefully by 600 police personnel. At least 27 women were detained for the whole day and they had no clarity if any FIR was filed.

In February 2021, Honnavar Port (P) Limited wrote to the Karnataka State Environment Impact Assessment Authority saying that their road under construction was included in their proposal. Citing references from the environment impact assessment report, the letter says the road construction had been discussed in the public hearing for the project.

Community members continued to contest this claim. They filed a petition at the National Green Tribunal(NGT) Ports Department, the Government of Karnataka, and Honnavar Port (P) limited on 9th July 2022. Filed under Damayanti Subray Mesta’s name, the petition stated that a mud path used by fishermen without connectivity for 4-km length was misrepresented as ‘kaccha road’. Arguing that the area was a no-development zone (NDZ) as per the coastal regulation rules, the petitioners had demanded cancellation of the project to conserve the Olive Ridley turtles, which nest in the beach.

In July, 2022, the NGT bench heard the matter and passed an order. The order imposed a stay on all further work on the road’s construction. It also directed the concerned authorities to consider cancellation of the environmental clearance granted for the port development. In September 2023, however, referred the matter to state environment authorities in view of the expiry of the environment clearance (EC) of the road.

Construction activities continued for a few days even after the stay order was issued. It stopped after the community gave a written complaint to the government.

In a recent development, authorities initiated the construction of a four-lane road to replace the existing dirt road between Kasarkoda and Tonka, leading to an upcoming private port near the National Highway. However, this decision has sparked resistance from the local fishermen community, alleging violations of environmental norms.

On January 31, 204, port authorities, having obtained clearances from the Department of Environment and Forests and the district administration, began surveying the area. Tensions escalated with a clash between fishermen and the police during the survey, resulting in the detention of 18 fishermen, including their leader Rajesh Tandel. The arrests triggered widespread protests, demanding the release of the detainees.

In a letter to the CM, Karavali Karnataka Janabhivriddhi Vedike, an organisation representing the fisher community of Kasarkod, stated that the fishermen were physically assaulted and women were manhandled. They added that detained fishermen were kept in the custody for five days. Stating that the Kasarkod fishing community have been faced harassment and intimidation by the Police Department repeatedly since 2021, the organisation requested the CM to drop all false cases/FIRs after conducting an inquiry.

According to a media report, instead of presenting them at the jurisdictional court, the police took the 18 accused to a court in Kumta. The court sent them to judicial custody. “These fishermen were booked under the non-bailable Section 353 for criminal assault and obstructing public servants from discharging duties among other sections of the IPC and were denied bail,” police sources told the South First.

The fishermen argue that the proposed road would impact around 6,000 people and lead to the demolition of houses under the Ashraya scheme. Despite appeals to local representatives, the community sought assistance from NGOs and filed lawsuits against the private port company for alleged violations of National Green Tribunal norms.

A key contention involves the creation of a kutcha road during the Covid-19 lockdown in 2021, allegedly by the port company within the Coastal Regulation Zone (CRZ). Fishermen claim this road traverses through the nesting grounds of Olive Ridley turtles, protected under the Wildlife Protection Act. Environmentalists argue the final Environmental Impact Assessment (EIA) report did not adequately address the impact on wildlife.

The fishermen and environmentalists have questioned the government’s role in potentially redefining CRZ maps to favour the private port company. Meanwhile, Karnataka Fisheries and Ports Minister, Mankal Vaidya, acknowledged legal disputes but emphasized the need for surveys to identify violations.

The community and environmentalists continue their fight against the road construction, alleging environmental and social consequences. The court is set to hear the bail application of the arrested fishermen on February 5.

In the ongoing dispute surrounding the Kasarkoda-Tonka region, significant developments center around the alteration of the high tide line, CRZ discrepancies, and the filing of FIR cases.

High Tide Line Manipulation: Experts allege that authorities attempted to shift the high tide line, crucial for environmental impact assessments. They say that sea walls constructed below the manipulated high tide line in the intertidal region raise concerns about adverse effects on the ecosystem.

CRZ Map Controversy: The CRZ map excludes the village area, possibly designating it as government land, evading clearance requirements. Settlements on private lands are not accurately reflected on the CRZ map, leading to protests from the affected community.

FIR Cases and Legal Challenges: Around 1,000 fishermen families face legal challenges with FIRs filed against them, when questioning the authorities about the 4-lane road construction, says Prakash Mesta - a marine ecologist and cartographer who served as a member of the Karnataka State Biodiversity Board.

There are close to 15 FIRs now on approximately 150 people in the fishing village.

The community, remains actively resistant to the proposed port and road construction. The intersection of legal, environmental, and political issues complicates the situation. The alteration of the high tide line, CRZ map discrepancies, and legal battles through FIR filings underscore the multifaceted nature of the Kasarkoda-Tonka controversy. The community strives for comprehensive solutions to safeguard their land, rights, and the delicate environmental balance in the region.

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