PANAJI
The Bombay High Court at Goa has declined to stay the public hearing for the Goa Coastal Zone Management Plan that has been scheduled on March 7 instead directing the petitioners to approach the National Green Tribunal since that alternate remedy was available to them.
When the matter came up for hearing the Advocate General Devidas Pangam told the court that the issue of preparation of the CZMPs is being continuously monitored by the National Green Tribunal that it is in pursuance of and in compliance with the orders made by the National Green Tribunal from time-to-time that steps are being taken to finalise the CZMP.
Adv Pangam told the court that the petitioners have alternate and efficacious remedy available before the National Green Tribunal.
“It would be appropriate that the petitioners are relegated to this alternate remedy, as otherwise, there could be a possibility of conflicting orders,” Adv Pangam said.
On the other hand Adv Carolline Collaso told the court that the time was too short for the petitioners to institute proceedings before the National Green Tribunal while also pointing out that the National GreenTribunal has never said that the public hearing should not be in accordance with law and the provisions of Environment Protection Act and the Rules made there under.
“The affidavit filed on behalf of the respondents indicates that in terms of the latest directions of the National Green Tribunal, the CZMP to be finalised by the end of January, 2021. Since, the National Green Tribunal is entirely seized with this issue of finalization of CZMP, we feel that it will not be appropriate for us to entertain the present petition. Rather, it would be appropriate that the petitioners are relegated to avail the remedy before the National Green Tribunal itself,” the High Court bench of Justices M S Sonak and Bharati Dangre observed.
“Therefore, without going into the merits of the issues raised and leaving open all contentions of all parties, we dispose of this petition by granting liberty to the petitioners to take out appropriate proceedings before the National Green Tribunal,” the Court ruled.
The petitions were filed by the AVCB Traditional Fishermen’s Association as well as the Goenchea Raponkarancho Ekvott which had argued for a postponement of the public hearings as well as the hosting of public hearings at the village or taluka levels instead of the District levels as is currently proposed.
