Team Herald
PANJIM/NEW DELHI: Nearly 10 months after suspending the Environment Clearance for the under-construction Mopa airport, the Supreme Court of India on Thursday paved the way for the construction to restart by restoring the EC, but with strict conditions.
The Bench of Justices Dr Dhananjay Y Chandrachud and Hemant Gupta allowed resumption of the first phase of construction of the new airport, lifting the stay on the environment clearance. It also accepted the undertaking of the concessionaire to adopt a zero carbon programme, both in construction and operation of the airport.
Hearing an application filed by Hanuman Aroskar, the Apex Court lifted restrictions on construction activity asking the State and the concessionaire GMR Goa Airport Limited to comply with all original and additional conditions. The court also asked the National Environmental Engineering Research Institute (NEERI) to supervise compliance.
The court said that all conditions stipulated by MoEF, NGT, EAC and proposed by the concessionaire are to be implemented during construction and operation, which will be monitored by NEERI.
The Court observed that the earlier judgment of the Court highlighted numerous deficiencies by the project proponent leading to the grant of the EC. It had highlighted numerous concerns including the preservation of forests, the existence of ESAs with their attendant features and the impact of the proposed project on natural water channels.
The Court also noted the abject failure of the project proponent to provide complete information on the existence of reserved forests. “In the proceedings that followed the judgment of this Court, the project proponent sought to remedy its failure by taking into account additional information on significant aspects of the environment. In the process leading to the grant of the EC as well as the lifting of its suspension by this Court, numerous mitigatory conditions have been imposed on the project proponent,” the directions read.
“We deem it appropriate to ensure the oversight of the project by a specialized body to ensure compliance with the directions cumulatively issued by this Court. We direct the National Environmental Engineering Research Institute to be appointed to oversee compliance with the directions cumulatively issued by this Court,” the order reads.
The court said that the project proponent shall bear the costs, expenses and fees of NEERI. The additional conditions, which have been imposed by the EAC shall, together with the original conditions of the EC dated October 28, 2015 and the directions issued by the NGT be cumulatively observed, court said.
“The suspension on the EC shall accordingly stand lifted. The Miscellaneous Application is accordingly disposed of,” the order reads.
The Union of India in the Ministry of Environment, Forests and Climate Change (MoEF&CC) had moved an application seeking a direction that the minutes of the 40th meeting of the EAC dated April 23, 2019 be taken on record so that the embargo imposed by the Court on the EC be lifted.
Hanuman Aroskar and Federation of Rainbow Warriors had filed the petition in the top court after the National Green Tribunal disallowed their prayer to stop cutting of an estimated 55,000 trees and approved the EC. Their contention was that the ecology of the Western Ghats will be hit by the new airport.
Construction of phase 1 of the airport was underway when the top court had given its order. As per the concession agreement with GMR Airports Ltd, the airport was to be commissioned by September 2020.
The project has a provision for two runways. However, it was planned that only one runway with a taxiway was to be constructed initially and the second runway will be built based on the traffic flow at the proposed airport spread over 2,271 acres in Pernem at Mopa.
CM, GCCI hail SC decision
Chief Minister Dr. Pramod Sawant on Thursday said that the decision of the Supreme Court paving the way for the construction of airport at Mopa, is a great relief for the State. He said, the Mopa airport will open new avenues for Goa and propel the State’s economic growth. The Chief Minister further said that the government is committed towards sustainable development that prioritises its people and environment. Goa Chamber of Commerce and Industry also welcomed the decision stating it will pave the way for speedy completion of the much-needed international airport. “Goa Chamber does appreciate the concerns raised by the environmentalists. However, the focus should be now on proper implementation of environmental norms and not on stopping a good development project,” GCCI president Mano Caculo said.
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MOPA GREEN SIGNAL
+ On January 18, 2019, SC had ordered Goa government and GMR Goa International Airport Ltd (GGIAL), to maintain status quo on the under-construction airport due to environmental impact
+ Court took on record additional conditions imposed by EAC on April 23, 2019, along with its original conditions dated October 28, 2015
+ Incorporating these conditions in the judgment, Court directed the project proponents to advertise the EC in at least two widely circulated newspapers, including one in the vernacular language
+ Conditions imposed in revised assessment of EAC include certificate that project does not fall in notified eco-sensitive zone (ESZ), installation of noise, air and water quality monitoring and preservation, energy conservation measures, waste management, development of a green belt cover entire periphery of the airport, and public hearing on human health issues
