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THE GOAN FLASHBACK
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RAP ON KNUCKLES OF GCZMA
The NGT order reads ...
* The project is deemed to have (been) sanctioned illegally
* Any further activity will be impermissible
* Grant of permission by the GCZMA is legally not permissible
* No compliance by GCZMA despite several directions from this Tribunal
* Such action of the GCZMA more importantly affects the environment
* Constrained to record serious concerns over regulatory affairs of GCZMA
* Regret that such projects are cleared without necessary appraisals
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The National Green Tribunal has come down heavily on the the Goa Coastal Zone Management Authority (GCZMA) and has struck down a permission it has issued for the Chapora beautification project, considered a pet project of local MLA and minister Dayanand Mandrekar.
In a judgement issued, the National Green Tribunal has also imposed a stay on the work of the project until an Environmental Clearance is granted for the project after following due procedure.
“In the instant case, the project proponent does not claim it has followed the procedure or applied for the clearance in the manner prescribed not has it got any EC or clearance from the State Environment Impact Assessment Authority (SEIAA) for the project in question,” the NGT order reads.
“The project is deemed to have (been) sanctioned illegally and any further activity will be impermissible in view of the above provisions of the CRZ notification… we find that grant of permission by the GCZMA is legally not permissible and hence, the said permission is quashed,” the operative part of the order reads.
The order will come as a setback to local MLA Dayanand Mandrekar who had consistently denied any environmental violations and had instead accused the petitioner Suvarnasangeet Vernekar of wrongdoing.
The petitioner, who is an agricultural tenant of the adjoining fields, had claimed that water resources department of which the local MLA is the minister, did not take the tenants into confidence before going ahead with the plans of what was ostensibly reinforcing the embankment.
However, instead, the Water Resources Department began constructing large scale structures damaging the bund and constructing a jetty in contravention of the CRZ permissions, the petitioner alleged.
He pointed out that the construction involved sinking 36 piers into the river bed which will disturb aquatic life, soil consistency and create havoc in the area and that there is no study done on the consequences of 36 piers on the environment.
The petitioner also raised an apprehension that in the name of repairing the bund, a jetty ws being built at the behest of and at the instance of vested interests who could include casino owners as the jetty could be used to house and dock casinos passing in the area. He pointed to the fact that the initial estimates of the project was shown as ₹2.5 crore but subsequently increased to ₹9.80 crore and later further increased revealing a change in the scope of the project.
The Water Resources Department had denied the contents of the petition before the Tribunal and claimed to have the permissions in place.
The NGT sought to remind the GCZMA of the procedure that is to be followed before granting permissions which involves a Rapid Environment Impact Assessment including marine and terrestrial components, followed by a comprehensive EIA with cumulative studies, disaster management report, risk assessment report, CRZ map indicating the tide lines and superimposing the project layout besides no objection certificates from the pollution board, etc.
“The concerned CZMA shall examine the documents in accordance with the approved CZMP and in compliance with the CRZ notification and make recommendations within a period of 60 days to either the MoEF or the SEIAA as the case may be for granting of an EC.
“We are constrained to record our serious concerns over the regulatory affairs of the GCZMA which is legally mandated to safeguard and protect the pristine coastal environment of Goa… We regret that despite several directions from this Tribunal from time to time we do not find compliance by GCZMA resulting in irregularities. Such action of the GCZMA not only affect the development projects but more importantly affect the environment as such projects are cleared without necessary appraisals,” the NGT said in its order.
