NGO files PIL in HC challenging PWD’s forest diversion proposal for National Highway expansion

CANACONA: A Canacona based NGO Goenkar has filed a petition in the High Court of Bombay at Goa, Panjim challenging the forest diversion proposal submitted by PWD Goa for diversion of 29.836 hectares of forest land in the South Forest Division for expansion of existing National Highway-17 (now NH-66) from Patradevi to Pollem (475 km to 611 km) within the State of Goa.

The Public Interest Litigation filed on Monday in the High Court prays to explore other more feasible alternatives so that the forest species both fauna and flora can be preserved for posterity.

- Advertisement -

Add as preferred source on Google

If you enjoyed reading this article, you can help support our journalism by adding OHeraldo as a preferred source.

The petitioners are more critical of the alignment from 572 kms to 582 kms passing through the ecologically sensitive forests of the Western Ghats at Karmal Ghat and are demanding construction of a tunnel parallel to the existing railway tunnel ever since the proposal for road widening surfaced a few years ago.

The petitioners in their PIL say that the National Highway expansion project through the exiting alignment for which the forest diversion is sought is envisaged without carrying out a mandatory prior Environmental Impact Assessment (EIA) study under the EIA Notification and without considering the best alternate alignment as required.

Speaking to Herald Jack Fernandes, president of Goenkar said that the proposed road widening will destroy 29.836 ha of forest land in the South Forest Division for expansion of existing NH-66.

“The existing alignment of the NH through the Karmal Ghat is a two-lane road from 572 km to 582 km passing through forested region of the Western Ghats with a canopy density of 0.6-1.00 and has presence of wild animals such as Leopard, Bison, Wild Boar, Chital, Barking Deer, Mouse Deer and other small species and reptiles,” the members of Goenkar said.

- Advertisement -

“The proposed expansion project requires felling of 13,471 trees from a densely forested region, yet the project proponent PWD has decided to sought forest diversion for such project in absence of prior EIA study through a substandard existing alignment passing through an ecologically fragile region,” team Goenkar informed.

To further drive their point home it is noted in the petition that the proposed highway expansion project with a total length of 137.55 km within the State of Goa falls within the ambit of Category ‘A’ project under the EIA Notification, 2006 which mandates a prior EIA study and an prior Environmental Clearance from the Ministry of Environment, Forest and Climate Change (herein after, ‘MoEF’). However, by fragmenting the project into five components, PWD is trying to circumvent the application of the EIA Notification, 2006 on the project.

“Moreover, Rule 7(4)(e)(iii) of the Forest (Conservation) Act, 1980 Handbook mandates that for all projects requiring forest land for non-forest purposes the State government must first certify that all other alternatives have been considered and found not feasible, and the required area is the minimum space needed for the purpose.” 

“In the instant project, a 1.45 km long tunnel running parallel to the existing Konkan Railway was suggested as an alternative which would avoid diversion of 15.375 hectares of forest land. The proposed expansion through the existing alignment of Karmal Ghat will severely damage the ecology and environment, fragment the wildlife, cause loss of livelihood and services to the tribal who depend on the forests and also this will lead to increased wildlife road kill,” the petition notes.

- Advertisement -

The applicants has also submitted that these damages are just the ones at face value; future damages on account of wildlife fragmentation, concretisation of natural springs, felling of such huge number of trees on a geographically unstable region cannot begin to be assessed without an EIA. Further, protection of this region and promotion of eco-tourism projects, involving the local communities will attract tourism to this region much more than a highway project would; this can significantly improve the economy of the region, provide permanent employment to large number of locals and allow for truly sustainable development in this region.

Share This Article