HC says applicant was denied fair hearing; Board told to review plea within 45 days; questions over need for CMC’s nod as locals brace for fresh opposition
File photo of Cuncolim citizens opposing the new fish-meal plant.
MARGAO
The High Court’s direction to the Goa State Pollution Control Board (GSPCB) to grant a hearing to Ms Goan Marine Impex Pvt Ltd regarding its application for consent to establish a fish-meal manufacturing unit at Cuncolim has raised several important questions.
First, why did the GSPCB rule that the application for consent to establish the fish-meal plant could not be considered in the absence of a No Objection Certificate (NOC) or approval from the Cuncolim Municipal Council (CMC)? Why was CMC’s approval treated as mandatory at the “consent to establish” stage, which ordinarily falls squarely within the jurisdiction of the Pollution Control Board? Alternatively, does the Control of Water and Air (Grant, Refusal, Cancellation of Consent) Guidelines, 2025—issued by the Central Government under the amended Section 27(A) of the Water (Prevention and Control of Pollution) Act, 1974 and Section 21(A) of the Air (Prevention and Control of Pollution) Act, 1981—require an applicant to secure prior approval from the local municipal body as a condition precedent for processing such applications?
These issues have come into focus particularly after the High Court observed that “it appears clearly that the petitioner (Ms Goan Marine Impex Pvt Ltd) were not given an opportunity to put forth the submission before the Goa State Pollution Control Board that the first step is to get NOC from the GSPCB before making an application for approval before the Municipal Council.
Accordingly, the Court disposed of the petition on limited grounds, directing the GSPCB to grant the company a proper hearing with respect to its application dated 13.08.2025 for consent to establish the proposed manufacturing unit.
The HC has set aside the GSPCB order with directions to the Board to reconsider the application afresh by providing a personal hearing to the petitioners within 45 days. The Court also directed the GSPCB to give audience to all the interested parties.
Incidentally, a glance at the GSPCB’s letter to Ms Goan Marine Impex shows that the Board had made it clear that the application for Consent to Establish cannot be considered at this stage on account of failure to submit the NOC/ approval of the local authority i.e. Cuncolim Municipal Council in respect of the proposed project, “being on a private land”.
This has thrown up a question whether obtaining NOC or approval of the Cuncolim Municipal Council was a condition precedent as the fish-meal project in question is proposed to be set up on a private land. Take note, the fish-meal plant is being proposed outside the Cuncolim Industrial Estate in the jurisdiction of the Cuncolim Municipal Council.
The moot question, however, remains unanswered – whether the GSPCB was right in not considering the company’s application for consent to establish, paving the way for the company to approach the High Court seeking directions to the Board to hear the application for consent to establish.
People of Cuncolim have vehemently opposed the proposed fish-meal plant on grounds that the existing plant inside the Cuncolim IDC had been a source of air and water pollution. With the GSPCB now expected to set in motion the process for the hearing on the application for consent to establish the fish-meal plant, the people also seemed bracing up to present their case why before the Board why another fish-meal plant in Cuncolim will spell disaster for Cuncolkars.
Confusion reigns as Council rejects plant, CO seeks compliance papers
MARGAO: On September 9, 2025, the Cuncolim Municipal Council unanimously adopted a resolution rejecting the request of Ms Goan Marine Impex Pvt Ltd for a No Objection Certificate (NOC) for its proposed fish-meal factory building, security office building, store shed, and compound wall at Survey No. 339/0 (part) and 340/1 (part) of Cuncolim village.
Seven days later, however, Cuncolim Municipal Chief Officer Vimod Dalal wrote a letter dated September 16 to Antonio Rodrigues, calling for the submission of a series of documents required by the civic body. These include: a copy of the Sanad; Form No. I & XIV for Survey No. 339/0 (part); the original survey plan; a Consent to Establish from the Goa State Pollution Control Board; and Environmental Clearance.
The Chief Officer further pointed out that the access road from the main road to the proposed project site does not appear on the plan approved by the Town and Country Planning Department.
Against this backdrop, a fundamental question looms over the civic body: what happens to the Council’s resolution rejecting the fish-meal plant if the company produces all the documents demanded by the Chief Officer? Will the Council stand by its earlier decision and continue to deny approval for the fish-meal plant? And how would the Chief Officer respond if the Council’s stance remains unchanged?
These lingering uncertainties continue to fuel the broader controversy surrounding the proposed fish-meal plant—an issue that has deeply unsettled the people of Cuncolim.
