PANAJI
The Bombay High Court at Goa has stayed the further construction of a proposed ‘all-weather’ road through the Mollem National Park leading up to the Dudhsagar waterfalls.
The High Court has, however, allowed routine repairs and maintenance works to the existing katcha road in the protected area to go ahead as is the practice every year but said that the main upgradation work “ought not to proceed until the final disposal of this petition or until the respondents obtain necessary approval from NBWL, whichever is earlier.”
The Goa Foundation alleged that the PWD is undertaking a project in the sanctuary only to promote tourism and that such a project requires approval from the National Board for Wildlife.
“If the project work starts or is continued, irreversible damage will be caused to the protected area and the wildlife therein. There are no approvals from NBWL and the project is not even consistent with the National Wildlife action plan and the recommendations of NBWL. Routine repair and maintenance works on the existing katcha road can always be carried out as were being carried out for all these years after the monsoons, but the works as proposed in the notes put up by the PWD or the tender documents, may not be permitted at this stage,” Adv Norma Alvares who argued for Goa Foundation said.
In response, the Advocate General Devidas Pangam told the court that these works are being executed by the PWD in terms of express directions/requests from the Chief Wildlife Warden (CWW) and that the works have the approval from the State Board for Wildlife. “Such works are necessary for the purposes of effective management of PA and, therefore, no interim relief may be granted,” Pangam told the Court.
The High Court, however, felt that granting a stay on the work would be appropriate since “the precautionary principle will have to be applied because the damage to the eco-sensitive PA will be much greater if the proposed works proceed without any approval from NBWL.”
“From the material placed on record, at least prima facie, the CWW (Chief Wildlife Warden) has not considered whether such a project is necessary for the purpose of [the] PA (protected area). Rather, the material on record, prima facie, suggests that the project is mostly to cater to almost 4.5 lakhs tourists that visit the Dudhsagar Waterfall by using the existing katcha road,” the High Court bench of Justices M S Sonak and M S Jawalkar, said.
The High Court noted that these works “are not some routine repair or maintenance works”.
“Rather, this is a project involving up-gradation of the existing katcha road that can presently be used only in the non-monsoon season to an all-weather road usable throughout the year. The project involves, inter alia, replacing the katcha road surface with lateritic soiling with murram duly compacted and laying interlocking pavers 80 mm thick over a 15 cm bed of cement and concrete,” the HC observed.
It stated further, “The project, inter alia, involves providing cross drains, ramps, parking bay, retaining walls, culverts, crash barriers, random rubble masonry. In addition, the project involves providing a toilet block, guard room, etc. This is all proposed to be undertaken for a cost of Rs 31 crores or thereabouts, covering a stretch of approximately 12 kms. This means that the project involves an expenditure approximately of Rs 2.5 crore per km. Now all this can hardly be regarded as routine repair or maintenance works on the existing katcha road. For an integrated project of this nature, at least prima facie, approval from NBWL is necessary,” the HC ruled.
