PANJIM: The Mormugao Port Authority (MPA) on Monday made a shocking U-turn, by opening another window to clear the contentious marina project in the MPA waters near Bambolim.
M/s Kargwal Construction Private Limited (KCPL), Mumbai has submitted a proposal to develop AHOY Marina in the MPA waters.
But since the project did not start for more than 12 years, the MPA issued show cause notice to the project proponent asking them as to why the lease deed dated October 12, 2010 should not be terminated on the ground that 12 years had elapsed since the execution of the lease deed and neither had the KCPL submitted the final NOCs/clearances nor had the physical possession of the lease area handed over to them.
M/s KPCL submitted its reply to the show cause notice on April 4, 2023, but the MPA denied the allegations and claims made by the KCPL. It also denied any liability or damages to be paid to the project proponent to the extent of Rs 88 crore as claimed by the company.
Earlier, the MPA had terminated the lease deed with the KCPL, who challenged the termination before the High Court of Bombay at Goa. The company claimed that the MPA on March 4, 2021, had informed them that it will hold public consultation in respect of the proposed marina project within seven days after the draft Coastal Zone Management Plan (CZMP) is approved and notified, in terms of the Environment Impact Assessment Notification of 2006 and the Regulations thereunder.
The notifying of CZMP was essential since the project was situated in the CRZ area wherein the National Green Tribunal (NGT) has imposed restraint orders to the grant of any approvals for projects in CRZ areas till the CZMP was finalised and notified.
The court had observed that the Environment Appraisal Committee (EAC) had told the project proponent that the CZMP of Goa was not approved and the matter related to finalisation of CZMP was still pending. In view of this, the EAC advised the KCPL to submit the proposal once CZMP is finalised and approved by the Ministry of Environment and Forest & Climate Change (MoEF&CC).
In view of this, the court had dismissed the petition.
In the meantime Tukaram alias Manoj Parab and four others had also filed public interest litigation (PIL) writ petition challenging the proposed marina project.
Hearing this petition, the respondent MPA filed an affidavit before the court stating that it has discharged the show cause notice, thereby indicating that it would open the window for the contentious marina project.Following this, the High Court revived Parab’s writ petition and would now hear it.
The petitioner’s counsel Adv Carlos Alvares Ferreira said that the he will challenge the discharging of show cause notice by the MPA. The petitioner contended that the proposed marina site has windowpane oysters, an endangered species, which are included in Schedule IV of the Wild Life Protection Act and needs to be protected at all cost.
He had also stated that the proposed project was located between the naval armament depot and the Raj Bhavan and had prayed that the project be scrapped, citing security concerns.
While discharging the show cause notice, the MPA stated that the KCPL has been making representations, applications, presentations and follow-up with all the authorities concerned including MoEF&CC, GCZMA and GSPCB for obtaining environmental clearances (ECs). Secondly public hearings were scheduled on two occasions but were cancelled by the authorities concerned who also informed the company that its proposal for EC cannot be processed at this stage since CZMP for Goa was not approved and finalised.
The decision to discharge the show cause notice was conveyed to the company on May 31 and submitted in the court on Monday.