PANAJI: After seemingly indicating that it was open to the idea, the state government has now refused to entertain the idea of setting up a circuit bench of the Western Zone of the National Green Tribunal in the state.
In a sworn affidavit on record, the state government has said the Ministry of Forests and Climate Change's (MoEF&CC) notification bringing Goa under the jurisdiction of the principal bench in New Delhi was justified while also saying that the premises as suggested at the last hearing to host a circuit bench were unavailable.
The affidavit on record filed by Parag Nagarcenkar, the Director of Environment, on behalf of the State Government, has asked that the HC vacate its stay to the MoEF&CC's notification and allow the change of jurisdiction saying that "no real prejudice or hardship will occasion to any litigants, parties or lawyers from the State of Goa if New Delhi is the regular place of hearing."
The affidavit which in large swatches is a repeat of the affidavit filed by the MoEF&CC, has reiterated the reasons for the shifting saying that Pune is an inconvenient location.
"It was proposed to shift the territorial jurisdiction in respect of the State of Goa to New Delhi primarily because New Delhi is vastly better connected to Goa via air travel with upward of 17 flights scheduled daily at varied hours allowing litigants, etc from the state of Goa to travel to New Delhi and back on the very same day and therefore it is logistically convenient and preferred for litigants, etc to effectively attend to the scheduled hearings before the NGT," Nagarcenkar said in his affidavit pointing out that there are only two flights between Goa and Pune and in the afternoon.
He repeated the assertions that accommodation is available in the form of Goa Sadan and Goa Niwas in New Delhi, the fact that the Goa Government has a full fledged panel of lawyers in Delhi as opposed to only one in Pune.
"The state government welcomes and supports the decision of the MoEF and consequent notification as they have been duly and legally made in pursuance of its powers and is in fact in the larger public interest of the people of the State of Goa," Nagarcenkar said.
With regard to the request of the court to examine the availability of a premise to establish a circuit bench with reference to the Spaces building or the old district court building, Nagarcenkar said he inquired with the concerned departments only to find that they would be unavailable.
"As far as the old district court is concerned, there are two courtrooms which are vacant and are available. However they are proposed for renovation in order to occupy and relocate the existing courtroom at Velho Building and establish one more district court," Nagarcenkar said.
"As regards the ‘Spaces' building at Patto, there are altogether seven floors out of which four floors are allotted to the civil courts for court halls, judges' chambers, etc while the first and second floors are occupied by the GSIDC and the seventh floor is occupied by the Rural Development Agency," Nagarcenkar said.
"I pray that the Court takes note of the cogent and justifiable reasons for the notification (of the MoEF&CC) which is in the larger public interest and accordingly withdraws the interim stay on the operations," Nagarcenkar said.
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PREMISE UNAVAILABLE!
* With regard to the request of the court to examine the availability of a premise to establish a circuit bench, the state said they were unavailable with concerned departments
* It said the only two courtrooms available are proposed to be renovated for relocating the existing courtroom at Velho Building and establish one more district court
* As regards the ‘Spaces' building at Patto, there are altogether seven floors out of which four floors are allotted to the civil courts for court halls, judges' chambers, etc
* The State pleaded with the court to take note of the cogent and justifiable reasons for the notification (of the MoEF&CC) which is in the larger public interest
