TEAM HERALD
PANJIM: While proceedings in the National Green Tribunal, including an appeal challenging the grant of CRZ clearance to the Tiracol Golf Course project, have been stayed, the two fundamentals- The Environment Clearance and the CRZ clearance have been strongly questioned by the NGT, which devolves its powers directly from the Supreme Court.
Environmental Clearance: The NGT raised serious concerns while adjudicating on an application of one Sunil Shetye on April 16 that the Tiracol Golf Course and villa project is in blatant violation of all environmental norms. Shetye’s pleas stated that the location of said hotel is within 10 kms from common boundary of Goa and State of Maharashtra and as such it is not permissible under the environmental law. Therefore, the establishment of such hotel is not permissible under the environmental law. It is important to note that the NGT did not give a final order, and asked the applicant to look for a “remedy” once the CRZ permission was given to Leading Hotels and then come back to it. While relief has been given to Shetye, the observations, which reflect clearly in the order of April 16
Here are NGT’s observations: “It appears that, the village Mandrem is declared as place of turtle nesting in the CRZ notification 2011 and therefore, it is not a question, which could be overlooked by the National Green Tribunal, only because Wildlife (Protection) Act, is not covered under Seven (7) Enactments scheduled in the NGT Act. The CRZ notification is covered under the Environment (Protection) Act, 1986, and as such location of village Mandrem as shown in the said notification will have to be taken in to account. The concerned authorities have not disputed the fact that village Mandrem is within 10 km of the project area. Therefore, prima-facie the project could be said as project of category “A” at the time of appraisal and as such EC of MoEF might have been necessary.
CRZ clearance issue: The NGT in its April 16 order observed that even if was assumed that even if the EC granted for the Tiracol Golf Course and Villa Project by the Goa State Environment Impact Assessment Authority (GSEIAA) was right, the EC mandated CRZ clearance before it could be treated as operative.
“The impugned EC could not be treated as legal and valid, unless the condition appended to the EC could be shown as complied with.”
It is clear that the CRZ clearance was needed before the EC clearance was decided. Leading Hotels’ own admission, in a two-page advertisement released in two other English dailies of Goa on Wednesday, which is full of tall claims, contradictions and falsehoods, that can be challenged and dismissed; is that the company obtained the EC from the SEIAA “and separately and subsequently”, the CRZ clearance from MoEF. Thus it is evident at the time when the EC was decided the CRZ clearance was not with the company.
The grant of the CRZ clearance has also been challenged by the Goa Foundation and three others and NGT on May 2 rejected a plea by Leading Hotels to dismiss the Goa Foundation & others appeal.
The Tribunal rejected the allegations of Leading Hotels against Goa Foundation of mala fide intentions, stating that the appeal is filed to protect the environment.
The next legal battle will be fought, briefly in the High Court where Leading Hotels has gone in an attempt to quash the orders along with the proceedings in the NGT. This will also determine and settle the issue whether the High Court has authority to adjudicate on NGT matters. But once the issue of jurisdiction and authority is settled, the legality of the Environmental Clearance and the CRZ clearance obtained by Leading Hotels will be decided.
