Bench cites valid consent, says compliance largely met
MARGAO
The National Green Tribunal, Western Zone Bench has said there is no reason why the Tribunal should allow the request of applicants for the shifting of Goa Carbon industry located at Sao Jose de Areal to another site or pass an order to close down the same.
Disposing of the applications filed by the Scheduled Tribe Association, Social Justice Forum and Ralloi Residents Welfare Association, all from Sao Jose de Areal, the NGT bench declined to allow the request of the applicants to shift the factory to another site or pass an order to close down the same, particularly in view of the fact that the Joint Committee Report has clearly indicated that all the directions, which were issued to Goa Carbon, have been complied with by and large.
“Whatever still remains to be complied with is in the process of being complied with,” the Bench said.
“When it is very much clear from the documentary evidence, that valid Consent to Operate is already in force, therefore, there is no reason as to why we should allow the request of the applicants for shifting of the industry of the Project Proponent to another site or pass an order to close down the same, particularly, in view of the fact that the Joint Committee Report has clearly indicated that all the directions, which were issued to Respondent No. 4 (Goa Carbon), have been complied with by and large and whatever still remains to be complied with, is in the process of being complied with. It appears to be only an apprehension of the applicants that the industry of Respondent No. 4 is creating huge pollution at the site in question, which is causing ailments to the local residents,” the NGT observed.
The applicants had submitted before the NGT that over the past four decades, from time to time, the villagers have been making several complaints regarding their difficulty in breathing and the constant settling of particulate matter and dust and coke all over their homes and clothes drying lines. Each round of agitation of the villagers has resulted in the Respondent No. 4 taking temporary and farcical measures to reduce or subdue the pollution caused by their manufacturing and production activities.
While submitting that such measures have no real consequence on the hardship faced by the villagers and have meaningless, short-lived impact in terms of mitigation techniques, the applicants had prayed that the industrial unit of Respondent No. 4, which is located within the village of Sao Jose de Areal, may be closed down permanently and may be relocated elsewhere and Respondent No. 1 - Goa State Pollution Control Board (GSPCB) may be directed not to renew the Consent to Operate of Respondent No. 4.
