Says State should have raised issue with MoEF&CC
PANAJI
The Regional Empowered Committee (REC) has questioned the Karnataka government’s decision to move the Supreme Court against an order issued by the Chief WildLife Warden (CWW) of Goa restraining work on the Kalasa–Bhandura projects, instead of raising the issue with the Union Ministry of Environment, Forest and Climate Change (MoEF&CC). Karnataka, however, admitted that the order has adversely affected their project.
The REC was deliberating on a letter dated March 29, 2023, issued by the CWW, Goa, invoking powers under Section 29 of the Wild Life (Protection) Act, 1972, to restrain Karnataka from carrying out the Kalasa–Bhandura drinking water projects.
During the meeting, the representative of the Nodal Officer (Forest Conservation Act), Government of Karnataka, informed the committee that the order was “non est”, contending that the CWW of Goa had no jurisdiction beyond the territorial limits of Goa.
The Karnataka representative further stated that the State had challenged the Goa CWW’s order by filing an interlocutory application before the Supreme Court. “The Goa CWW order cannot have any operational effect against the Bhandura project located entirely within the territory of the State of Karnataka,” it said.
However, the REC questioned this approach, pointing out that if Karnataka believed Goa had no jurisdictional authority to restrain activities in Karnataka, it should have taken up the matter with the MoEF&CC for appropriate intervention. The committee specifically asked why the State chose to approach the apex court if, as claimed, the Goa CWW lacked the power to issue such an order.
“REC questioned that, if Goa does not have any jurisdictional authority over Karnataka, then why was the IA filed in the Supreme Court. The State Government should have referred the matter to MoEF&CC for its intervention,” states the minutes of the REC meeting held on December 11.
Responding to the query, the Karnataka government representative told the REC that the State approached the Supreme Court as the Kalasa–Bhandura project was being adversely affected due to the order issued by the CWW, Government of Goa. It informed that the matter is currently sub-judicie and no order has been issued by the Apex Court.
Karnataka further stated that there is no impediment to the grant of clearance by the Central government and that the authorities are free to take decisions on merit. It also said there is no impediment for the Karnataka government to proceed with construction to divert Mhadei river water after obtaining the necessary statutory clearances.
