National Green Tribunal
Lopinho Xavier vs State Of Goa on 18 March, 2024
Item No.3 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[Through Physical Hearing (With Hybrid Option)]
ORIGINAL APPLICATION NO.130 OF 2017 (WZ)
Lopinho Xavier & Ors. .... Applicants
Versus
State of Goa & Ors. ....Respondents
Date of hearing: 18.03.2024
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicants : Ms. Norma Alwares, Advocate and Ms. Supriya Dangare,
Advocate
Respondents : Mr. Abhay Anturkar, Advocate for R-2 - GCZMA
Ms. Pooja Natu, Advocate holding for Ms. Manasi Joshi,
Advocate for R-3 - Goa State Biodiversity Board
Mr. Saurabh Kulkarni, Advocate for R-5 - PP
ORDER
1. We are passing this order in continuation of our previous orders dated 16.05.2023, 23.11.2023 and 09.01.2024.
2. We find from the Original Application that the applicants have prayed that a direction be issued to respondent No. 5 - M/s Movaj Enterprises Pvt. Ltd.to take steps to undo the damage done to the khazan land on Survey Nos.170/0 and 171 and rehabilitate the same and bring it to its original status, under the supervision of respondent No. 2 - GCZMA and respondent No.3 - GSBB and respondent No.5 be also directed to take steps to undo the damage caused and to rehabilitate the surrounding mangrove area to its original status under the supervision of respondent No.2 - GCZMA and respondent No.3 - GSBB. [NPJ] Page 1 of 4
3. In compliance with our previous order dated 09.01.2024, today respondent No.2 - GCZMA has filed reply-affidavit dated 18.03.2024, in paragraph No.23 of which, it is stated that in compliance with this Tribunal's order dated 16.05.2023, directing the answering respondent and respondent No.3 GSBB to constitute a joint committee and inspect of the subject property, a joint committee comprising members of the answering respondent No.2 - GCZMA, respondent No.3 - GSBB and the Directorate of Settlement and Land Reports inspected the subject property on 19.01.2024 and drew conclusions and made recommendations, which are as follows:
"Conclusions and Recommendation :
As per CZMP 2011 the Survey No.170/0 and Survey No.171/1 is fully shown as Mangroves, Mangrove Buffer, Khazan land and partly CRZ III (River NDZ).
Survey No.170/0 is fully covered with stagnant water and Survey No.171/1 is not accessible.
Few floating pontoons are observed on the bund and 2 pontoons were floating into water.
One of the floating pontoons was carrying mini dredger."
4. Thereafter, in paragraph no.24 of the affidavit, it is stated that respondent No.3 - GSBB had also issued report dated 23.02.2024 to the answering respondent, which contained the following observations:
"1. Few floating pontoons were observed stacked on the bunds. Two such pontoons were in the water, one of these pontoon had a mini dredger on top and the other had a temple model (Refer photos given in photo plate).
2. Most of the area of Sy.No.170/0 was having stagnant water due to closure of the sluice gates. Also large areas of the water body were covered with algal blooms and also having foul smell.
3. There is no access to Sy.No.171/1 as thick growth of mangroves is blocking the access.[NPJ] Page 2 of 4
4. Out of the three nos of sluice gates observes, one was operational and two sluice gates on the south eastern side of the property were closed (Refer photo in attached Photoplate).
5. As compared to the previous site inspection it was found that destruction of more mangroves was visible along approximately 1 km of the bund in the north western side of the property. This is evident from the clear view available of the adjoining creek and beyond.
6. The overall size of the bund is varying from approximately 6 m to 3 m and at some places approximately 10 m wide.
7. On the north-western side, near the operational sluice gate, the water body had ongoing fishing activity evident from the fishing nets placed there in (Refer photo in photo plate).
8. The entrance gate was found to be locked which was opened by the representative of the property owner to allow the team access to the property. Closing of the gate denies access to the traditional pathway to the river, mangroves and adjoining creek to the locals.
9. Further it is requested to GCZMA to avail area statements from DSLR of mangroves and khazans destroyed and accordingly assess the extent of destruction caused to the same by M/s Movaj. Accordingly, the restoration and reclaimed area and mangrove replantation be taken up."
5. Based on above, a show-cause notice dated 15.03.2024 has been issued to respondent No.5, which is annexed as Annexure-R8 to this affidavit, wherein 02.04.2024 is the date and 3.30 p.m. is the time fixed by GCZMA - respondent No.2 for appearance/submission of reply by respondent No.5 before the GCZMA.
6. It is apparent from the above affidavit of GCZMA and the show- cause notice issued by it that the matter is under consideration before the GCZMA with respect to violations alleged to have been committed by respondent No.5, whereon a decision is likely to be taken by GCZMA.
7. Mr. Saurabh Kulkarni, learned counsel for respondent No.5 has apprised us that respondent No.5 had written a letter to respondent No.2
- GCZMA that respondent No.5 was not given opportunity during the site [NPJ] Page 3 of 4 inspection conducted by the GCZMA, but we find that the presence of respondent No.5 has been recorded in the inspection report.
8. We dispose of this Original Application with a direction to respondent No.2 - GCZMA to decide the show-cause notice dated 15.03.2024 within a period of two months from the date of uploading of this order and opportunity of hearing shall be given to both the parties.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM March 18, 2024 O.A. No.130/2017 (WZ) npj [NPJ] Page 4 of 4