Supreme Court Sets Aside NGT Orders Allowing Construction Of Tiracol Bridge In Goa’s Querim Beach
The Supreme Court on Tuesday (July 23) set aside the National Green Tribunal’s (NGT) orders dated January 22, 2020, and January 17, 2022, which had allowed the construction of the Tiracol bridge on Querim beach in Goa.
The NGT had previously permitted the construction of the bridge, citing its public utility and the assertion that it could be built without causing environmental damage, based on a report dated February 8, 2016, by the National Institute of Ocean Technology (NIOT), Chennai.
A bench of Justice Abhay Oka and Justice Augustine George Masih restored the application filed in NGT by NGO Goa Foundation challenging the construction of the bridge on the grounds that the applicant had not been given the opportunity to object to the NIOT report.
After the NIOT report was submitted, the appellant filed objections on March 30, 2016, which were not even mentioned in the NGT’s January 22, 2020 order, the court noted. The order also had no mention of the affidavit by the project proponent Goa State Infrastructure Development Corporation (GSIDC) addressing these objections, the court added.
The second impugned order dated January 17, 2022, was passed on an application for recall of the first order.
“According to us, the only course open for the National Green Tribunal was to recall its earlier order as appellant was not given an opportunity to argue on the objections raised to the report of the experts. As the appellant was not heard on its objections, even the Respondent no. 3 (GSIDC) was not heard on the subject. We therefore are of the view that the National green tribunal ought to have recalled its first order dated January 22, 2020 and kept the original application for hearing. However, that was not done”, the court observed, setting aside the orders.
Further, the Supreme Court directed the NGT Principal bench in New Delhi to transfer the application to NGT bench in Pune in view of a Bombay High Court full bench judgment stipulating that only Western Zone bench of the NGT can decide matters arising from Goa and Maharashtra.
The court directed the parties to appear before the NGT Pune on September 9, 2024. Considering the time that has elapsed since the impugned orders, the court allowed the parties to submit additional pleadings before the NGT.
As the construction has not commenced due to interim order of the Supreme Court, the court allowed the State of Goa and GSIDC to request NGT to give out of turn priority to hear the application.
Background –
The Goa Foundation’s application in NGT raised several concerns, including violations of the Coastal Regulation Zone (CRZ) Notification, 2011, and the Forest Conservation Act, 1980, as there was no prior approval from the Ministry of Environment. The NGO contended that the proposed construction fell in a no construction zone and no mitigating measures have been taken.
Initially, the construction was stayed by the NGT in December 2014, and this stay continued until the disposal of the NGO’s application on January 22, 2020.
On January 22, 2020, the NGT, after considering a report by NIOT dated February 8, 2016, concluded that the bridge could be constructed with appropriate mitigation measures and compliance with the NIOT’s recommendations. It observed that the bridge was a matter of public utility could be constructed without significant adverse environmental impact.
The Goa Foundation filed a Writ Petition before the Bombay High Court at Goa contending that it had not been allowed to present its case before the NGT. The High Court, in its order dated March 11, 2021, granted the Foundation liberty to approach the NGT again.
Post the Tribunal’s order, no work had resumed on the bridge. The Goa Foundation also noted that the project’s stage I forest clearance had expired, and the associated golf course project had been stayed by the High Court.
The Goa Foundation filed an application filed to recall the NGT’s order dated January 22, 2020. The Foundation argued that the construction would destroy significant ecological assets and damage the estuarine area, which is vital for the local fishing community. It also alleged that the bridge was primarily benefiting a proposed luxury golf course resort in Tiracol.
On January 17, 2022, the NGT found no merit in the applicant’s submission, noting that the CRZ Clearance had been granted and the project was exempt from the EIA notification. This was challenged in the Supreme Court in the present appeal.
Case no. – CA No. 4384-4385/2023
Case Title – Goa Foundation v. Goa State Environment Impact Assessment Authority and Ors.
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