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7. Shri Mihir Joshi, learned senior counsel appearing on behalf of the Appellants, has argued that the first proposal alone, which was sent on 21 st July, 2014, ought to have been accepted by the GMB. The second proposal for the increased area would directly impinge upon the land that was reclaimed or to be reclaimed by the Appellants, after spending huge monies for the same. The learned senior counsel specifically stated that the approval for the second proposal was done in great haste, within a matter of four days. He went on to add that the State Government had, by its letters dated 1 st June, 2013, recommended to the Ministry of Environment to grant CRZ clearance to Essar for the proposed expansion of port facilities, which included additional 334 hectares of land. It was his case that the said Ministry, on 6th May, 2014, granted the aforesaid clearance, despite which the expanded port limits would now eat into the aforesaid area, as only an area of 140 hectares out of 195 hectares, which was reclaimed by the Appellants, could be used by the Appellants. He argued that various assurances were given and MOUs were entered into with the Appellants, on the basis of which huge investments were made, and at the very least the doctrine of legitimate expectation would be attracted. He attacked the notification stating that it was ultra vires Section 5 of the Indian Ports Act, which required public interest alone to be seen. Indirectly, the extension of the limits of Hazira port would grant HPPL an extended port area without bidding, which would be contrary to the Gujarat Infrastructure Development Act, 1999. According to him, the overlapping of area with Essar was only in the second proposal, which was wholly arbitrarily recommended by the GMB initially approving the second proposal of 2015, and thereafter correctly approving only the first proposal of 2014. The GMB’s resolution of 28th September, 2015 was the correct decision, which could not have been arbitrarily interfered with by the Chief Principal Secretary of the Chief Minister, on the basis of which the impugned notification has been issued.

8. On the other hand, Shri Harish Salve, learned senior counsel appearing on behalf of the State of Gujarat, painstakingly took us through the Port Policy of 1995 and the BOOT Policy of 1997. According to the learned senior counsel, since 13 berths were to be constructed, out of which 5 berths have already been constructed, a total of 1011 hectares was already allocated for port related activities to HPPL. This would be clear from a reading of the detailed project report (DPR) of 2010, and this being the case, the expansion of port limits by the impugned notification was well within the originally conceived area of 1011 hectares. He referred to and relied upon affidavits submitted by the State Government as well as the GMB before the High Court, to argue that Essar’s demands for reclaimed land had nothing to do with the expansion of the limits of Hazira port. They operated in two completely different spheres. He further went on to state that no permission under Section 35 of the Gujarat Maritime Board Act, 1981 has been given to reclaim any land, which was a condition precedent to Essar’s demands for further reclaimed land. He also pointed out that, being a captive port, Essar’s production was much less than what was projected and, in fact, only 30% of the cargo that it was supposed to handle was being handled. According to the learned senior counsel, the objections to the expansion of Hazira port’s limits are completely misconceived, inasmuch as what the Appellants really sought was for their captive port to become a commercial port by bypassing the provisions of the Gujarat Infrastructure Development Act. In any case, the Appellants’ captive jetty was grossly underutilised and the Appellants demands for grant of reclaimed land has nothing to do with HPPL demanding an alteration to the limits of Hazria Port, so as to cater to the increased traffic of a commercial port open to all.

10. Shri Kapil Sibal, learned senior counsel appearing on behalf of HPPL and Adani, painstakingly took us through various letters written by the Appellants to the GMB and permissions given. According to the learned senior counsel, it was clear that from a reading of the initial proposals of 2005 and 2006, and the later proposals of the Appellants that their real aim was to conduct commercial operations on their captive jetty, which would circumvent the need for a global tender as required by the Gujarat Infrastructure Development Act. In essence, he also submitted that as the Appellants could claim no right or expectation of any sort and as the present petition was not a public interest litigation, the writ petition should have been dismissed at the threshold as the Appellants could show no right or expectation of any kind. Dr. Singhvi and Shri Harin P. Raval broadly supported the contentions of Shri Sibal.

(2) If any person makes, erects or fixes any wharf, dock, quay, stage, jetty, pier, place of anchorage, erection or mooring or undertakes reclamation of foreshore in contravention of sub-section (1), the Board may, by notice require such person to remove it within such time as may be specified in the notice and if the person fails so to remove it, the Board may cause it to be removed at the expense of that person.” Further, Sections 8, 9 and 10 of the Gujarat Infrastructure Development Act read as under: