VASCO
“The Tribunal needs to take a balanced view in such cases based on principles of sustainable development...without negating the precautionary principle, to ensure that the development can take place without any significant adverse impacts on the environment,” noted the Tribunal in its order on May 4.
The dredging activity to deepen the approach channel for capsized vessels at Mormugao Port has been challenged by traditional fishing communities of Vasco on grounds that the operations would have severe and irreversible environmental consequences, besides destruction of their fishing livelihood.
The fishing communities also allege that the dredging activities would disturb tidal currents and flow in the surrounding area, thus leading to erosion of adjoining beaches as well as destruction of habitats of aquatic life, while also leading to collapse of riverbeds, and causing flooding in the surrounding areas and villages.
The NGT (Western Zone) bench comprising Justice Jawad Rahim (judicial member) and Dr Ajay Deshpande (expert member) said they were not inclined to stay the dredging operations, but insisted on compliance of a number of directions.
“Respondent 1 (MPT) shall deposit a bank guarantee of Rs 50 crore with GCZMA within one week, or else the dredging operations shall be stopped forthwith. GCZMA to submit compliance report,” stated NGT.
It also formed a committee comprising Dr Antonio Mascarenhas (Member GCZMA), a marine biologist/water quality specialist from NIO Goa, the deputy collector of the area and a senior officer of Goa State Pollution Control Board to ascertain the environmental status and impacts due to dredging operations.
“The committee shall visit the dredging area, and also any other affected area, immediately in the next 3 days at present, and at least once a fortnight subsequently, and shall submit its report to the Registry of Tribunal directly time to time,\" stated the Tribunal.
Additionally, NGT ruled that the Collector, North Goa, “shall immediately carry out an investigation on the complaints filed by the appellants regarding the damage to house and other issues and submit a report to the Tribunal within 15 days.”
“The Ministry of Environment & Forest (MoEF) and GCZMA shall also carry out independent compliance verification on fortnightly basis till the dredging operations are continued,” ordered NGT.
The appellants in the case were the Old Cross Fishing Canoe Owners Co-op Society Ltd and Baina Ramponkar & Fishing Canoe Owners Society, while the respondents were MPT, MoEF, GCZMA and the State government. The NGT has listed the case for final hearing in appeal proceedings on May 24.
In its order, NGT noted that “a strong case is made out by the appellants to seek an interim relief by stopping the dredging operations till disposal of the main appeal.”
“At the same time, we are conscious about the necessity and importance of the project, which is a major infrastructure project, and significant public money has already been spent on the project as more than 46 per cent work has already been completed.”
“It is also true that such capital dredging activities are preferred to be carried out prior to monsoons, otherwise the efforts of dredging will partially be offset by strong currents of monsoon, resulting in additional dredging subsequently.”
“This is a typical scenario where prima facie gross irregularity in grant of Environmental Clearance can be seen along with lack of regulatory control during conducting the dredging operations, but at the same time the subject dredging operations are necessary for the overall development,” stated NGT.
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WHAT THE ORDER STATES...
- MPT to deposit Rs 50 crore as bank guarantee with GCZMA within one week, failing which dredging operations would be stopped
- MoEF, GCZMA to carry out independent compliance verification on fortnightly basis till dredging operations are continued
- Committee comprising GCZMA member, marine biologist/water quality specialist from NIO, local dy collector, and GSPCB\'s senior officer to ascertain environmental status and impacts due to dredging operations. Committee to visit dredging area, and also any other affected area in the next 3 days, and at least once a fortnight subsequently, and submit report to Registry of Tribunal
- North Goa Collector to carry out investigation on complaints filed by appellants regarding damage to house and other issues and submit report to NGT within 15 days
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\'We were forced to petition NGT\'
VASCO: The fishing associations in Vasco on Friday stated that they were forced to petition the National Green Tribunal (NGT), after complaints before MPT, GCZMA, Chief Minister Laxmikant Parsekar and MoEF were not addressed. (See pg 2)
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