PANAJI
The National Green Tribunal has ordered the Goa administration to re-conduct the public hearings for the finalization of the draft Coastal Zone Management Plan after the Goa Foundation approached the court seeking directions to the state government to hold a ‘proper’ hearing.
The Goa Foundation argued that the previous hearings -- held at Kala Academy in North Goa and Ravindra Bhavan in South Goa -- were full of procedural deficiencies rendering the public hearing a mere formality.
“The venue of the public hearing was changed from Taleigao Community hall in Taleigao to the Kala Academy in Panaji. There were other changes in the notice for public hearing including requirement of prior registration, registration at the venue, reduction of time for hearing and fixing maximum limit of five minutes for each participant. New notice allowed oral presentation without visuals and facility for virtual participation.”
“On account of the pandemic, physical participation was limited to 100 people. In such a situation, if participants were more than 100, staggered public hearing should have been held,” the Goa Foundation had argued.
Ruling in favour of Goa Foundation, the NGT maintained, “While it is true that there is urgency in the matter of finalization of CZMP which has been pending for the last 7 years, at the same time the salutary mandate of public hearing has to be followed in letter and spirit. A Last-minute change of venue certainly caused prejudice in the conduct of the public hearings.”
The Tribunal now asked that a fresh hearing be held and notice may be issued within one week in the prescribed mode, including in newspapers, fixing a date for the public hearing within one month from the date of notice.
“Two venues with adequate capacity may be specified which may not be changed. The modalities of conducting the public hearing may be specified in the notice. Written objections may also be allowed to be filed, to be supplemented by public hearing of specified duration.”
“Representations of all sections of affected people may be ensured without rendering the situation unviable. If necessary, the public hearings may be continued for more than a day, but we do not fix any particular number of days. The idea is that it is a reasonable opportunity for all concerned sections,” the NGT said.
