Goa’s environment authority not competent to issue clearance to golf course project: NGT

MOEF clearance “may” be necessary, says NGT; Green Tribunal response to appeal challenging Goa govt’s environmental clearance to Leading Hotels for golf course at Tiracol

PANJIM: The National Green Tribunal (NGT), Pune has said that the Goa State Environment Impact Assessment Authority (GSEIAA) is not a competent authority to issue the environment clearance (EC) to the proposed Tiracol golf course and resort project in Pernem taluka. 
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NGT said that it has prima facie observed that the proposed site is just 10 kms from Mandrem villages which come under the coastal regulation zone (CRZ) and hence the project falls under “A” category and as such EC from the Union Ministry of Environment and Forest (MoEF) may be necessary.
The order comes in an appeal filed by a local Sunil Shetye, who has challenged the EC granted by GSEIAA to Leading Hotels Limited, claiming that it is in blatant violation of all environmental norms. The applicant has named GSEIAA, the state government and Leading Hotels Limited as respondents.
“The GSEIAA was not competent to issue the impugned EC and therefore the impugned EC would be treated as non-est (does not exist),” the order issued on April 16, reads. 
The applicant informed the NGT that the location of the proposed project is within 10kms from the boundary of Goa and Maharashtra and as such it is not permissible under the environment law. The mega project would comprise 200 luxury villas and a golf club in over 9.90 lakh square metres and there was no EC granted by MoEF though the construction activity falls within the category ‘A’ project as per EIA notification 2006. 
The EC granted by GSEIAA was done without application of mind, the applicant said and pointed out that CRZ clearance is yet to be granted. 
“Therefore, prima-facie the project would be said as project category ‘A’ at the time of appraisal and as such EC of MoEF might have been necessary,” the NGT order said.
NGT has said that even assuming that EC is granted for the project by the GSEIAA, it is mandatory to have CRZ clearance before it could be treated as operative. It has said that the EC could not be treated as legal and valid, unless the conditions appended to the EC, such as granting CRZ clearance and that the project shall not be within 10 kms of the protected areas, are complied with.
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