Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0]

National Green Tribunal

Sagardeep Sirsaikar vs Goa Coastal Zone Management Authority on 12 February, 2026

Item No. 3                                                      Pune Bench
               BEFORE THE NATIONAL GREEN TRIBUNAL
                   WESTERN ZONE BENCH, PUNE

             THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)

                             Appeal No.59/2026(WZ)

Sagardeep Sirsaikar                                                Appellant

                                       Versus

Goa Coastal Zone Management Authority & Ors.                  Respondent(s)


Date of hearing: 12.02.2026


CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
       HON'BLE DR. SUJIT KUMAR BAJPAYEE, EXPERT MEMBER


Appellant:    Mr. Aagney Sail, Advocate for the appellant.


                                      ORDER

1. This Appeal has been filed challenging the NOC dated 17.11.2025 annexed as Annexure-A1 whereby respondent no. 1-Goa Coastal Zone Management Authority (GCZMA) has approved the proposal for proposed maintenance dredging at the mouth of River Chapora subject to the condition that the project shall not affect, in any way the turtle nesting sites, therefore, it should be completed before the nesting period and in consultation with Forest Department.

2. Learned counsel for the appellant had drawn our attention to the Sea Turtle Nesting and Habitat Management Plan of Mandrem, Morjim, Agonda and Galgibaga prepared by Centre for Environment Education in the year 2024 which is annexed as annexure-A12 wherein at page 158, the nesting period has been recorded as from October to May every year. Thereafter, he also drew our attention to page no. 159 of the paper book where nesting sites are indicated in a map. At page no. 161 of the paper book, it is recorded that to protect the entire beach stretch of Morjim which 1 is about 3.5 kms, following restrictions have been imposed during the nesting season (October to May):

a. No shacks or any establishments are permitted between inter tidal and/or on to the dunes except as recommended in the Beach Carrying Capacity report of the NCSCM.
b. No vehicular movement on the inter tidal or on dune areas...etc.

3. Our attention is also drawn to annexure-A6 at page no. 57 of the paper book where respondent no. 2-Captain of Ports Department has granted permission to M/s. Enrich Global Infra Limited (respondent no. 4) to execute the work of dredging across the mouth of River Chapora w.e.f. 29.12.2025 which clearly indicates this would certainly be over-lapping with the period of turtle nesting season which were permitted in the impugned permission.

4. Thereafter, the learned counsel has drawn our attention to the minutes of the meeting of GCZMA dated 23.09.2025 annexed as annexure- A4 wherein at Case No. 3.2 at page no. 50 of the paper book, it is recorded, "The proposal was discussed in 419th GCZMA Meeting held on 12/11/2024.

"The Authority after having seen the presentation was of the opinion that explicit comments are obtained from Forest Department so that there is no disturbance for the turtle nesting areas of Mandrem and Morjim in the course of carrying out dredging activities"."

5. The Forest Department vide letter dated 27.06.2025 submitted their comments as follows:-

"i) Morjim beach, which is located near the proposed dredging site, is a designated Turtle nesting beach. It is apprehended that dredging in the river may affect the stability of the nearby beaches, including Morjim beach. It is therefore requested that the GCZMA may advise the Captain of Ports Department to undertake EIΑ study through a reputed institution to find out the impact of the said project on the Morjim and Mandrem Turtle nesting beaches."
2

6. Having drawn attention to the above, it is urged by the learned counsel that there is no EIA study undertaken in the case in hand. Non- conducting of EIA study has been justified by the Captain of Ports Department, is reflected from the minutes of the meeting of GCZMA at case no. 3.1 at page no. 55 of the paper book wherein it is recorded that the proposed dredging site at River Chapora mouth is about 1 km from the potential turtle nesting sites at Morjim beach. The sediment plumes generated during the proposed maintenance dredging is unlikely to reach the potential nesting sites at Morjim. Therefore, the normal nesting activity of turtles will not be disturbed.

7. The learned counsel having drawn attention to the above recommendation of the Captain of Ports Department says that the same is wrong recommendation and is in conflict with the recommendation made by the Forest Department which we have cited above.

8. This Appeal has been filed with a delay of 43 days. We direct the Registry to allot number to the same and place it tomorrow for consideration.

9. Learned counsel for the appellant has apprised that he has moved an application for interim relief to be granted which has also not been numbered by the Registry. We direct the same also to be numbered and put up tomorrow i.e., on 13.02.2026 for consideration.

Dinesh Kumar Singh, JM Dr. Sujit Kumar Bajpayee, EM February 12, 2026 R 3