Green tribunal shows the red light to Captain of Ports terminal building

PANJIM: The National Green Tribunal (NGT) on Friday directed the Captain of Ports (CoP) to immediately halt its terminal building construction work on the bank of River Mandovi.

The NGT western zone bench further asked CoP to conduct Rapid Environment Impact Assessment (EIA) study within two months and apply for fresh CRZ clearance from Goa Coastal Zone Management Authority.

“We direct that the construction activity be immediately halted by the Captain of Ports and the same can be initiated only after obtaining permission from GCZMA after the Rapid EIA report being placed before it,” the order stated.

The Green bench said that the process should be completed as early as possible, that is within two months from now looking at the fact that “the project is of public importance and is at an advanced stage”.

The complaint was filed by social activist late Joe D’Souza challenging the construction of the activity. D’Souza had said that the building had been constructed in violation of CRZ norms as it is on riverine land.

NGT had in May formed a committee to ascertain whether the new terminal building falls within CRZ I, II, or IV region. Citing the committee report, the NGT bench said that the place in question fell in CRZ-IV and the activity, being a permissible activity, would require permission after complying with the Provisions quoted in Regulations 4(i)(d) and 4.2(i)(b) of the CRZ Notification, 2011, and it is quite apparent that the same has not been done.

“Regulation 4 (i)(d) read with 4.2 (i)(b) of the CRZ Notification, 2011 would be applicable for the project which mandates conducting of Rapid EIA as a minimum requirement before construction should have been carried out,” the bench said.

NGT further said that from the Joint committee’s report, it is apparent that no pollution has been found to have been caused on account of the present activity. 

“But even then we cannot allow the said activity to go on without the

Rapid EIA report,” it said.

NGT noted that the present Terminal building is constructed within the water of River Mandovi, which is declared as a Port.

“The GCZMA may have skipped from taking the documents such as Rapid

EIA, Disaster Management Report, Risk Assessment Report & Management

Plan and Project Layout Report superimposed on CRZ map indicating HTL

& LTL by factoring that the Terminal building was essential for coastal security and on account of the said area being a notified Port area,” the bench said.

Last year, activist Joe D’Souza filed a complaint with the GCZMA. However, the authority decided that there was no need to stay in the construction of the building as it was not found to be affecting the course of the Mandovi river. The complainant then approached the tribunal challenging the GCZMA’s order. The tribunal has set aside the CZMA order.