PANAJI
The Bombay High Court at Goa has granted an interim stay to a fresh notification issued by the Ministry of Environment Forests and Climate Change allowing facilities for Blue Flag Certification to be set up as close as 10 metres from the High Tide Line without prior permission from the Coastal Regulatory Zone.
The High Court was especially peeved that the MoEF & CC has ignored the notice that has been issued in the case and rather than replying to the matter in the High Court after the first notification was stayed, gone and issued another notification.
“There is no appearance on behalf of the respondents nor is there any reply filed on behalf of the respondents explaining why the public consultative process was dispensed with in a matter of this nature,” the High Court ruled.
“The Ministry of Environment Forest & Climate Change has issued yet another order/ notification dated 09.01.2020, again, declaring Blue Flag Certification in respect of Miramar beach. Even on this occasion, the Public Consultative Process has been dispensed with. We, today, stay the impugned notification dated 09.01.2020 to the extent it concerns the Miramar beach at Panaji until further orders,” the High Court bench of Justices M S Sonak and Bharati Dangre ruled.
The petition against the notification was filed by activist Kashinath Shetye who had challenged the provisions for setting up facilities in the intertidal zone without permission from the GCZMA.
In August 2019, the High Court had stayed an earlier notification of the MoEF & CC.
“We had stayed the notification on the grounds that there were no reasons disclosed for dispensing the Public Consultative Process which was required to be followed under the Environment Protection Rules, 1986,” the High Court had observed.
Similar to the first notification, the second notification too decrees that for the purpose of obtaining Blue Flag certification in the above mentioned twelve beaches, the following structures and facilities, shall be permitted in the Coastal Regulation Zone (CRZ) areas subject to maintaining a minimum distance of 10 meters from HTL.
The structures included container-based toilet blocks, change rooms, shower panels; mini grey water treatment plant enclosed in temporary structures; mini solid waste recycling plant enclosed in temporary structures; off-grid solar PV panels; purified drinking water kiosk, etc.
The Miramar beach is one among 12 beaches to be selected for Blue Flag certification across the country.
