PANAJI
The Bombay High Court at Goa has dismissed the petition filed by Kargwal Constructions Pvt Ltd, who were challenging a decision of the Goa government that the public consultation in respect of the proposed marina project will be conducted after the draft Coastal Zone Management Plan 2011 is approved and notified.
During the hearing of the petition the company backed down on its claim and instead sought that they would be willing to concede their main plea in the petition if the Goa government would agree to notify a fresh public hearing within seven days of the CZMP being finalised.
However that plea too was dismissed by the High Court as being not only “quite premature but also uncalled for.”
“If the public consultation is to be an effective consultation… then, such consultation can only be held after the draft Coastal Zone Management Plan is approved and notified. In such circumstances, there is no case made out to either interfere with the impugned communication dated 04.03.2021 or to even consider the petitioners' request for issuing directions about fixing of date at this stage itself,” the High Court bench of Justices M S Sonak and R N Laddha, said.
The Goa government had pointed out that unless the draft Coastal Zone Management Plan is approved, there will be no point in holding any public consultations for the marina project which is in the CRZ area.
He also pointed out that there are restraint orders from the National Green Tribunal about grant of any approvals for projects in CRZ area until the approved Coastal Zone Management Plan is finalised.
The Company had approached the High Court after the Goa government had yet again postponed the public hearing for the marina under pressure from the public.
The Ministry of Environment and Forests too had said that the project should not be considered until the CZMP is finalised.
The EAC in its minutes noted that the CZMP of Goa is still not approved and the matter related to finalisation of CZMP is still pending. In view of this, EAC advised PP to submit the proposal once CZMP is finalised and approved by the Ministry.
