PANAJI
A year after announcing the termination of its lease agreement with M/s Kargwal Construction Pvt Ltd (KCPL), the Mormugao Port Authority (MPA) has taken another significant step by withdrawing the previously issued show cause notice to the company regarding the setting up of controversial marina in Nauxim village.
This decision, submitted before the High Court of Bombay at Goa on Monday, will thus facilitate a public hearing to obtain environmental clearance.
The MPA informed the Court that it had issued a show cause notice to the company on March 14, inquiring why the lease deed dated October 10, 2010, should not be terminated.
The notice highlighted that since the agreement was signed between the MPA and KCPL, the latter failed to submit the required final NOCs or clearances for the project, nor had physical possession of the area been handed over to the company.
In response to the notice, the MPA dated April 4 denied the allegations of being liable to pay damages amounting to Rs 88 crore, as claimed by KCPL.
Chief Engineer Suresh Patil stated that the MPA had decided to withdraw the show cause notice.
During the ongoing hearing, the Mormugao Port Trust had previously stated that it terminated the lease agreement with the company, under which one square kilometer of water surface area was leased for the controversial project.
"In the past 11 years, Kargwal has not submitted the final NOCs/clearances required for the marina project, including environmental clearances, nor has physical possession of the leased area been handed over to them. Consequently, the MPT, (now MPA) in its meeting held on May 27, 2022, resolved to terminate the lease deed dated October 12, 2010, and return the performance guarantee submitted by Kargwal," the MPT had stated during the hearing in July 2022.
Manoj Parab and Viresh Borkar (MLA), both members of the Revolutionary Goans, and three fishermen from Cacra had jointly filed a petition in the High Court challenging the marina.
The petitioners invoked the doctrine of public trust, which asserts that resources such as air, sea, water, and forests are of great importance to the public as a whole, and it would be unjustifiable to subject them to private ownership. They also argued that the marina's establishment would negatively impact their lives, livelihoods, the economy, and the overall environment.
The High Court has now adjourned the matter for further hearing while giving two weeks to the concerned parties for reply.
