MARGAO
The National Green Tribunal, Western branch at Pune on Tuesday directed the Goa government and other respondents to submit their respective replies within two weeks to the petition filed by the farmers and landlosers challenging the construction of the new High level Borim Bridge over River Zuari on grounds that the construction is being planned without obtaining the Environmental Clearance.
Hearing of the petition filed by the farmers will come up for further hearing on December 2, 2024.
In an order passed on the prayer by the farmers seeking interim order to stay the land acquisition process, the Bench observed “The counsel for applicants presses for passing an interim order. But we are of the view that in view of the facts narrated and time as sought by the respondents for filing the replies, we do not deem it appropriate to proceed further in the matter on merit without replies and the relevant documents to be filed by the respondents. Accordingly, respondents are directed to submit their respective replies within two weeks. 4. List this matter for further consideration on 02.12.2024”.
By moving this application, the applicants (farmers) has challenged the construction of bridge proposed to be constructed on the river Zuari in Goa and it is alleged that it is without obtaining the requisite Environmental Clearance (EC). The counsel representing the State of Goa and other respondents, however, have sought short time for filing the replies. They further submitted that without there being submission of relevant documents and their replies, it would not be appropriate to proceed further and pass any order on merit.
After hearing both the sides, the Bench observed “the question whether the project falls under item 8(b) and/or 7(f) of the Schedule to the EIA Notification, 2006 is to be considered by this Tribunal and there are rival contentions of the parties.
Amongst other prayers, the farmers had prayed that the Bench directed the respondents to reconsider and/or re-design and selection of the alternative for "Proposed Construction of High Level New Borim Bridge on NH-17B (NH-566) in the State of Goa" due to the fact that the present design/alignment of the project fails to identify and consider the presence of CRZ areas, forest areas and environmental preservation and the impact on these eco-sensitive areas and the people dependent on these areas.
They had further sought directions to the Goa government and other respondents to consider the facts regarding CRZ areas, environment, forests falling in the current project proposal/alignment, as well as accurate traffic studies and the impact of repairing of the existing Borim bridge and rehabilitation of local communities before deciding the least destructive solution in consultation with the affected people and village panchayats.
The Petitioners had further sought directions to the respondents not to proceed with the Project titled "Proposed Construction of High Level New Borim Bridge on NH-17B (NH-566) in the State of Goa" in its current design/alignment without first obtaining a prior Environment Clearance under the EIA Notification of 2006 and without obtaining a Forest Clearance under the Forest Conservation Act, 1980.
