28 Aug 2021  |   06:55am IST

HC quashes Blue Flag certification for Miramar beach

Observes that stakeholders were deprived of opportunity of filing objections against imposition of prohibition or restrictions on carrying on processes or operations
HC quashes Blue Flag certification for Miramar beach

Team Herald

PANJIM: In a major setback to Goa government’s dream of giving international recognition to Miramar beach, the High Court of Bombay at Goa has quashed the notification of the Union Ministry of Environment Forest and Climate Change nominating the beach for the Blue Flag Certification tag.
The beach was amongst 12 across the country, selected in the first phase in July 2019, for the international recognition by the Ministry. In October 2019, the High Court had stayed the process that came in response to a petition filed by a group of activists led by Kashinath Shetye.

The petitioners had challenged the relaxation of coastal regulation norms for Miramar beach to set up facilities required for international Blue Flag certification stating that the ministry hasn’t explained the reasons for dispensing with the mandatory public consultation process.
The Division Bench comprising Chief Justice Sunil Deshmukh and Justice Mahesh Sonak, conceding to the petitioners’ argument, observed that the stakeholders were deprived of opportunities to submit their objections.
“In the present case, the Central Government by dispensing with the public notice under clause (a) of sub-rule (3) of Rule 5 of the Environment (Protection) Rules has deprived the stakeholders of valuable opportunity of filing their objections against the imposition of prohibition or restrictions on carrying on of processes or operations,” the order stated.
The notification permits several activities and facilities up to a distance of 10 metres from High Tide Line but the court noted that, “In the absence of the impugned notification, it is quite doubtful whether several of the activities and facilities referred to in the impugned Notification could have been put up on the Miramar beach or at least in the area up to 200 metres from HTL on the Miramar beach and that too without prior clearance.”
During the pendency of this petition, the MoEF, in supersession of its 2019 Notification, issued a notification dated January 9, 2020. The Court stated that though, there is no specific reference to any identified beaches or islands as was the case with notification dated July 12, 2019, the petitioners submitted that the 2020 notification will include the Miramar beach. In the fresh notification too, the MoEF dispensed with the requirement of public notice.
The Court while quashing the 2020 notification stated, “The impugned notification also purports to exempt the requirement of prior clearance under CRZ Notification of 2011. Therefore, unless there was genuine public interest or some urgency that did not brook the delay of even 60 days, the Central Government was not justified in dispensing with a public notice under clause (a) of sub-rule (3) of Rule 5 of the said Rules and depriving the stakeholders of opportunity to lodge their objections.”

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