PANAJI
The Mormugao Port Authority has informed the Bombay High Court at Goa that it has terminated the lease with M/s Kargwal Constructions Pvt Ltd leasing them one sq km of water surface area for the setting up of a marina in Nauxim village near Bambolim.
In an affidavit filed before the High Court, in a case filed by the Manoj Parab, the chief of the Revolutionary Goans Party, MPT informed the Court that the lease deed was terminated.
“Although more than 11 years have elapsed since the execution of the lease deed, neither has Kargwal submitted the final NOCs/clearances required for the subject marina project including environmental clearances nor has physical possession of the leased area been handed over to Kargwal. In such circumstances, the MPA at its meeting held on May 27, 2022 has resolved to terminate the lease deed dated October 12, 2010 and further discharge and return the performance guarantee submitted by Kargwal,” the MPA said.
Tukaram alias Manoj Parab, Viresh Borkar both members of the Revolutionary Goans as well as three fishermen from Cacra had filed a petition in the Bombay High Court at Goa challenging the decision of the Mormugao Port Authority to lease an area of water to Kargwal Constructions for the setting up of a Marina.
The petitioners in the petition invoked the doctrine of public trust, which lays down that certain resources like air, sea, waters and forests have great importance to the people as a whole that it would be wholly unjustified to make them a subject of private ownership.
“The resources being a gift of nature, they should be made freely available to everyone irrespective of their status in life,” the petition that was filed by Adv Carlos Alvares Ferreira argued.
The petitioners had also contended that they will be adversely affected by the setting up of a marina which they say will affect their life and livelihood, including their livelihood of fishing and will also affect the economy and environment including the breeding of fish and the marine biodiversity, and will affect the large number of nesting and migratory birds visiting the area.
