The Environmental Clearance for the proposed port was given by the Ministry of Shipping & Transport by virtue of power delegated from Ministry of Environment & Forest, Government of India.
The above clearance was upheld by National Environmental Appellate Authority (NEAA) while disposing of an application against the clearance filed by Beach Protection Council, Orissa.
NEAA after visiting the site have observed as follows :
"It is obvious that MOST had the power and Jurisdiction to grant Environmental Clearance for Dhamra port expansion project as is done by it under the Environment Clearance order".
"The grant of EC for the said port expansion project is made by Empowered Committee for Environmental clearance for port projects of MOST by following the guidelines issued for environmental clearance of ports issued vide SO no. (E) dated 9.7.97".
"The area between the Low Tide Line and High Tide Line in the area to be covered by Dhamra Port Expansion Project being of clay soil and very sticky it could never become a breeding center for turtles".