PANAJI
The Bombay High Court at Goa has issued notice to Mormugao Port Trust, M/s Kargwal Constructions Private Ltd, the Goa Government and the Goa Coastal Zone Management Authority among other government agencies based on a petition filed by Tukaram alias Manoj Parab, Viresh Borkar both members of the Revolutionary Goans as well as three fishermen from Cacra, challenging the decision of MPT to lease an area of water to Kargwal Constructions for the setting up of a Marina.
“The PIL has been filed to question the jurisdiction of MPT to grant lease of the foreshore area to Kargwal. The PIL also raises questions relating to the doctrine of public trust and highlights the impending destruction of the mudflats of housing the protected window-pane oysters and also sets out that the Marina will pose a security threat to Goa specially the Naval armament depot and the Raj Bhavan at Dona Paula,” Advocate Carlos Ferreira, representing the petitioners, said.
The petitioners have invoked the doctrine of public trust, which lays down that certain resources like air, sea, waters and forests have great importance to the people as a whole that it would be wholly unjustified to make them a subject of private ownership.
“The resources being a gift of nature, they should be made freely available to everyone irrespective of their status in life,” the petition argues.
The petitioners have also contended that they will be adversely affected by the setting up of a marina which they say will affect their life and livelihood, and will also affect the economy and environment including the breeding of fish and the marine biodiversity, and will affect the large number of nesting and migratory birds visiting the area.
The matter will be taken up on January 25.
