PANAJI
The National Green Tribunal has come down heavily on the Mormugao Port Trust and the Ministry of Environment and Forests for granting an EC for dredging of the port channel without following ‘proper procedure in the form of holding a public hearing on the matter.’
The NGT in its judgement, has kept the GCZMA clearance and Environmental Clearance in abeyance and has ruled that there shall be no further dredging until the entire process of obtaining environmental clearances is done afresh.
The judgement was pronounced on September 2, in open court on a petition filed by the Old Cross Fishing Canoe Owners Cooperative Society against the Mormugao Port Trust.
Speaking to The Goan, Adv Asim Sarode who represented the fishermen said that the NGT was clear that under no circumstances can the 'due process' of a public hearing be bypassed while granting an environmental clearance.
“The NGT has strongly said that there shall be no dredging and has kept in abeyance the GCZMA clearance and the environmental clearance. The court was clear that the whole process of public hearing cannot be bypassed,” Adv Sarode said.
He said that the Mormugao Port Trust would have to go through the entire process of applying for a fresh environmental clearance before it can begin resuming its dredging operations. The NGT has also fixed October 5 as the date for the hearing on the restoration and restitution of the environment at the site.
The case was filed by the Old Cross Fishing Canoe Owners Co-op Society Ltd and the Baina Ramponkar and Fishing Canoe Owners Society.
The fishing co-operatives had challenged the Environmental Clearance granted by the Ministry of Environment & Forest (MoEF) to the MPT on February 9, 2016 for a project of deepening of approach channel for capesize vessels at Mormugao port. The fishermen alleged that MPT’s proposal to deepen the existing navigation channel in Vasco bay to allow larger ships into port area by carrying out capital dredging in the existing navigation channel from about 14 meters to 19.5 meters over a large area with width of about 250 meters and length of about 10 kms, would cause severe and irreversible environmental consequences including effect on water quality, adverse impacts on habitats of the local aquatic life besides destruction of their livelihood.
They alleged that this capital dredging would also disturb the tidal currents and flow in the surrounding area causing erosion of adjoining beaches as well as destruction of the habitats of aquatic life particularly the turtle nesting grounds, horseshoe crabs habitat, etc.
They further alleged that such dredging activity will lead to collapse of river beds thereby causing flooding in the surrounding areas and the villages.
The MPT in its defence had pointed out that the MoEF, in its discretion, has exempted this particular project from a public hearing through a letter dated September 23, 2015.
The MPT specifically pointed out that the decision to exempt was taken during a meeting of Group on Infrastructure chaired by Minister of Road, Transport and Highways, and Shipping; and the meeting was also attended the Minister of State for MoEF&CC. He contended that it was a policy decision taken by government to exempt the public hearing for this project.
The MPT sought deepening of the channel to facilitate navigation of capesize vessels under
any state of tide thereby increasing its material handling capacity.
