MARGAO
THE National Green Tribunal has admitted the application filed by the villagers of Loutolim and Borim for change in the alignment of the new High Level Borim Bridge on the ground that the petitioners has made out a prima facie case adversely impacting the environment.
While admitting the petition, the NGT, Western branch observed, “We find prima facie case adversely impacting environment is made out, therefore, we deem it appropriate to admit this application and accordingly admit the same”.
The respondents, including the Union Ministry of Road Surface Transport and the Goa, PWD have been given four weeks time to file their replies to the petition, before adjourning the case to October 22, 2024.
The NGT admitted the petition after the petitioners filed an affidavit stating that the project, NH-566 is proposed along a completely new alignment from 4.320 kms. to 9.597 kms. of the NH-566, thereby constituting a length of 5.277 kms.
The petitioners pointed out that the project proponent ought to have obtained Environment Clearance (EC) before acquisition of the land, saying, “In para no.7, the total areas have been calculated in tabular form, which come to 2,27,800 sq. mtrs., which are obviously more than 1,50,000 mtrs., which was necessary as per the Schedule- I of the EIA Notification 2006 to cover it in Category- 8 'B', which provides for Townships and Area Development projects, exceeding built up area 1,50,000 sq. mtrs., would require prior EC”.
The petitioners also drew attention of the Bench as follows: "Applying the tenet underlying this notification, it is amply clear that before the process of acquisition of land is ripe for declaration under Section 3-D of the 1956 Act, it would be open to the executing agency. (NHAI) to make an application to the competent authority for environmental clearance. That process can be commenced parallelly or alongside the acquisition process after a preliminary notification under Section 3-A of the 1956 Act, for acquisition is issued.
Against this backdrop, the petitioners further submitted that the Notification under Section 3(A) was issued in October 2023 and the proceeding up to the Notification of 3(C) has been completed and final Notification under Section 3(D) of the said Act is left to be done, insisting that a prior EC is required to be obtained by the Project Proponent.
The petitioner drew attention of the NGT bench to the minutes of the 401 Meeting of the GCZMA held on 28.05.2024, in which at case no.2.3, the project in question has been dealt with and at page no.27 of the said Minutes, it is recorded, "The total estimated land required for the project is 40.3 ha and most of the private land under acquisition is agricultural".
Pointing out that the Goa PWD, had engaged a private agency, which had considered seven alternative alignments, the petitioners submitted before the Bench that though there is already a bridge, which is functional and there. was no need to undertake the bridge to be started/constructed, in case the same was necessary to be built, the Alternative-one was comparatively better than the Alternative seven, which has been finalized in the present case, as per the opinion of the Consultant.
