MARGAO: In a matter that could have a significant bearing on the environment compensation formula being applied by the Goa Coastal Zon e Management Authority (GCZMA), the National Green Tribunal (NGT) in Pune set aside the impugned order of the Authority, and the GCZMA was further directed to hear the appellant and then pass the environmental compensation order again.
This is in connection with the appeal brought forth by the appellant before the NGT against GCZMA, which resulted in a ruling overturn.
The appeal sought to challenge an order dated January 19, 2023, issued by the GCZMA under Section 5 of the Environment (Protection) Act, 1986, coupled with Rule 4 of the Environment (Protection) Rules, 1986.
The original order directed Costeiro Azul Resorts to pay Rs 12,30,550 as environmental compensation.
Adv Aniruoodh Sadesai and Adv Shivshankar Swaminathan, representing the appellant, argued that the penalty was unjustified as the allegedly illegal structures had been removed by Costeiro Azul Resorts themselves. They also contended that the computation of environmental compensation was arbitrary and lacked legal basis.
During the proceedings, the appellant's counsel highlighted the absence of a prior hearing granted by the GCZMA, which was acknowledged by the respondent's counsel, Adv Supriya Dangare.
However, Adv Dangare attempted to justify the lack of a hearing by citing directives from previous NGT orders, notably those dated October 26, 2021, and December 8, 2021, which established a joint committee to formulate Environmental Damage Compensation (EDC) against a large number of environmental violators, following which the said committee evolved a formula based on which the EDC amount has been calculated.
It was pointed out that based on that joint committee’s recommendation, GCZMA had resolved to carry out the exercise of calculation of fines based on area damaged, calculating the difference in land use change in square metres (sqm) by satellite imagery from the year the violation was noticed, along with field verification on a case-by-case basis, so that compensation can be recovered from the violators. The rate finalised for the total environmental compensation was Rs 2,590 per sqm.
However, the NGT bench, comprising Justice Dinesh Kumar Singh and Expert Dr Vijay Kulkarni, rejected the respondent's justification. They emphasized that even if the NGT had ordered the formation of a committee to determine the EDC, it did not absolve the GCZMA from granting a hearing to the appellant.
Consequently, the NGT overturned the impugned order and instructed the GCZMA to reconsider the imposition of EDC after affording Costeiro Azul Resorts a fair opportunity of hearing. The GCZMA was directed to issue a fresh order within one month.