PANAJI
The Bombay High Court at Goa has ordered the creation of a task force to rejuvenate and restore the mangrove forests and Khazan lands of Merces along the highway. These areas are suffering from degradation and destruction. The court also ordered that the concerned Village Panchayat, Town and Country Planning Department, NGPDA, GCZMA, and GSPCB should not issue any new approvals, licences, or NOCs for any construction within these lands until further notice.
The High Court was hearing a petition filed by Kashinath Shetye, who submitted a Public Interest Litigation (PIL) complaining about the government’s failure to stop the destruction of, and inaction in preserving, the mangrove forests and Khazan lands near National Highway-66. This area starts at the Panaji Bus Station and continues to Bambolim/Goa Medical College.
The petition claimed that the authorities have either allowed development in this area or have not acted according to the Environment Protection Act, Town and Country Planning Act, Goa Land Revenue Code, and other relevant laws and regulations. These laws require the authorities to prohibit or regulate any activity and development in these zones.
“We are of the considered opinion that there is large-scale degradation and destruction of mangrove forests, Khazan lands, salt pans and paddy fields in the area referred to above requiring our urgent intervention to preserve and protect the mangroves and Khazan lands existing therein and where required to rejuvenate and restore these areas to their original form,” the High Court division bench of Justices MS Karnik and Valmiki Menezes said.
The High Court ordered the creation of a task force. This task force will include the Director (Environment) and Member Secretary of the Goa Coastal Zone Management Authority, two expert members of GCZMA (preferably with expertise in mangrove and Khazan land management and restoration), two expert members from the Goa Biodiversity Board (preferably with expertise in mangrove and Khazan area restoration), one scientist from the Goa State Pollution Control Board (GSPCB), a representative of the Directorate of Settlement and Land Records (DSLR) at least at the level of deputy director, a representative of the Forest Department at the level of deputy conservator of forests, the deputy collector and sub-divisional officer of Tiswadi taluka, the deputy town planner of Tiswadi taluka, the administrator of comunidades (central zone), an executive engineer nominated by the Chief Engineer of the Water Resources Department (WRD), the deputy director of panchayats of North Goa, and one nominee of the Member Secretary of the North Goa Planning and Development Authority (NGPDA).
The High Court has tasked this committee with hiring surveyors and any other necessary technical personnel to conduct a detailed survey and mapping of the lands.
“The survey/mapping shall delineate and identify the extent of mangrove forests or Khazan and/or salt pans/paddy fields that may be found existing in these lands. Where Mangrove Forests have been destroyed or denuded, the task force shall demarcate these areas with their extent on a map. The Task Force shall simultaneously plot the various natural features including Mangroves/Khazans/Bunds and the like on the map with GPS coordinates for proper identification of these areas for further preservation or restoration, where required,” the order stated.
The task force will also need to mark any structures in these lands, providing a sufficient description of each structure, whether temporary or permanent, and its use.
“Where low-lying areas of these lands have been filled or in any manner been modified from their original status, either in contravention of the provisions of the Goa Town and Country Planning Act/Regulations or under the Environment Protection Act, details of such filling, excavation or change of nature shall be specified,” the High Court said.
The task force must file an interim report before the High Court and a final report specifying the immediate and long-term measures needed to preserve the mangroves and Khazans in these lands, as well as the remedial measures suggested.
“They shall prepare an estimate of the cost towards the implementation of such measures and where there is environmental damage, and restoration is required, the environmental damages/costs to be imposed/recovered from the occupants of the land,” the High Court also said.
