PANAJI
The Bombay High Court at Goa has approved the Standard Operating Procedures (SOPs) set by the Goa State Pollution Control Board (GSPCB) and the Department of Mines & Geology (DMG) for transporting e-auctioned ore. The Court, while granting the relief, has also sought strict adherence and regular monitoring of the entire operations.
While disposing of a PIL Writ Petition, the Division Bench of Justice M S Karnik and Justice Valmiki Menezes directed that recommendations by both government agencies should not be undermined lightly.
“We find from the materials that the expert bodies like GSPCB and the DMG have issued the SOPs and imposed necessary safeguards in the transportation of the 'e-auctioned ore'. It is not possible for us to substitute our opinion for that of the expert body like the GSPCB and DMG. Their recommendations and decision cannot be undermined in a light manner and due deference must be accorded to expert agencies when the decisions do not attract the taint of legal unjustness/infirmity,” it said.
The Court further stressed the importance of recording whether project proponents and transport operators are strictly adhering to the mitigating measures during ore transportation, and sought regular monitoring to ensure compliance.
“Any infraction be dealt with seriously. The GSPCB and DMG should make every possible endeavour to strike a just balance in the conflict of competing interests by resorting to modern techniques amidst the transportation activity,” the Bench added.
The Court further directed that a proper study be carried out by preparing a report specific to each route permitted by DMG and GSPCB for the transportation of ore through the villages based on the carrying capacity of each road.
“The DMG and GSPCB will have to consider the length of the route, number of houses/hamlets, situated on the route with the study of the population enroute, the details of schools or other such activities that may exist along the route apart from other factors while taking a decision on granting transport permission based on the carrying capacity set down for each route,” it said directing that both agencies should monitor trucks on each route on Real Time basis, install CCTV cameras connected to DVR devices at important locations and observe the movement of trucks carrying such ore along the route. The system will also have to monitor the air quality along the designated routes in Real Time and arrest the movement of trucks, if required to bring air pollution within permissible norms.
