Team Herald
PANJIM: Raising strong objection to grant of interim relief to South West Port Limited (SWPL), by way of allowing cargo handling activities, Goa State Pollution Control Board (GSPCB) informed the National Green Tribunal (NGT) that the firm is involved in excess handling of coal since 2012.
“Board took details of the handling of coal/coke by appellant from 2012 onwards and after obtaining data it was realised that for the earlier year 2012 onwards the unit exceeded the limit,” the Board said in its affidavit filed before NGT.
SWPL had approached NGT against the GSPCB decision to revoke the consent to operate granted to them to operate berths 5A and 6A at MPT. SWPL sought an interim stay on the impugned order stating it was passed on the only ground of exceeding limits and there are no findings whether the operations caused pollution.
“Even assuming without in any way admitting, that there is merit in the contentions raised by the appellant, even then, till 31st of March 2018 the appellant cannot handle any more coal/coke as they have already exceeded the limit for 2017-18. Allowing the appellant to operate any coal/coke by way of interim relief would amount to perpetuating an illegality,” the Board said.
The Board submitted that the unit has admittedly exceeded the limits prescribed under the consent to operate dated July 21, 2017 by handling excess amount of coke and coal in 2016-17. For 2016-17 it handled 10.112 MMT/annum coal while the consent to operate permitted the unit to handle 5.5 MMT/annum of coal.
“For the year 2017-18, the unit was granted renewal of consent which was for handling 4.125 MMT per annum coal/coke. However, it has handled a total quantity of more than 8 MMT of coal/coke till date, thereby exceeding the limit prescribed,” the Board said.
“However, while submitting the returns to the Pollution Control Board the unit had always stated that their handling is less than the prescribed limit set,” it added.
GSPCB has pleaded that the appellant has not only exceeded the limit but misrepresented the facts before Tribunal and therefore no equitable relief by way of injunction may be granted.
