The issue of the transfer of NGT cases of Goa to Delhi has now reached the doors of the High Court as it was widely expected to. With a series of petitions of different groups including the Bar Association, which has filed an intervention application, opposing the government’s move or recommendation to shift the cases to the Supreme Court, the opposition has take the shape of a combined legal challenge.
The way forward is not to make this into a government versus others issue or a case. The decision has to be seen from the prism of convenience, comfort, logic as well as giving a level playing field for all stake holders interested in protecting Goa’s environment and ecology. After all the state should also find itself on the same side as those stakeholders who litigate to prevent decisions that violate Goa’s fragile eco system. And the government, in the normal course should be with the forces who are undertake this task.
Conflict starts when the government, by virtue of decisions taken by committees under the environment department, or by institutions like the GCZMA or the Pollution Control Board, works as a facilitator of violations and not a protector. That is the time when foot-soldiers of environment have to run to the NGT, which honestly has become the only saviour of Goa’s environment in the past decade or so.
The decision to shift the Goa matters of NGT to Delhi has caused a lot of stress to the very forces who have been relentlessly pursuing cases of faulty permissions, hill cutting, violation of forest laws and brutality of the coasts.
Thankfully, the state has shown signs of walking half way by agreeing to look at setting up a circuit bench of the NGT in Goa. The MOEF and CC ministry’s affidavit declaring their stand on the shift of the NGT cases is also going to be extremely vital.
It is also a matter of relief that that the High Court has extended its interim order that no files related to Goa will be transferred to Delhi till further orders. It has also taken suo-moto cognisance of media reports over the shifting of cases from Pune to Delhi which highlighted concerns of many activists, NGO’s and other stakeholders and the inconvenience the shift will cause to so many, including the petitioners.
The best solution for all -and in any case the Court’s decision will be final and abiding- would be to set up a circuit bench of the NGT in Goa. That in fact will take care of the problem the Goa government seems to have had in Pune where, there is no necessary infrastructure. That inconvenience can be completely nullified and brought to the government’s advantage in Goa.
Above all, all sides, including the petitioners should exercise calm. Let there be no outburst of emotions and mudslinging because the whole issue is in good hands. When there is an excellent forum for debate and argument and when there appears to be prima facie merit in asking for a circuit bench in Goa, since the state has already made a representation to that effect, this forum should be exhausted in all aspects.
Ironically, the fallout of the decision to shift the cases to Delhi may turn out to be blessing in disguise for Goa, if Goa actually gets a circuit bench of the NGT here.
