TEAM HERALD
teamherald@herald-goa.com
PANJIM: The Supreme Court in its order on the mining issue Monday castigated the Goa State Pollution Control Board, saying that though it had ‘immense statutory powers’ it had failed in doing its job.
Disagreeing with the GSPCB counsel’s submission that that ‘sincere efforts’ were made by it to monitor the water and air quality in mining areas, the Apex court in its order said that “rather, it appears that the Board, though conferred with immense statutory powers, failed to discharge its statutory functions.
However, the court expressed hope that in future the Board exercises strict vigil and monitors the water and air quality in accordance with provisions of the two Acts and, if necessary, exercise powers conferred on it to close down mining operation of a lessee if air emission and water discharge standards are not maintained.
The court while referring to the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 reproduced section 33A of the Water Act which confers on the GSPCB, the power to give directions.
According to section 33A the Board can issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions, which includes the power to direct the closure, prohibition or regulation of any industry, operation or process or the stoppage or regulation of supply of electricity, water or any other service.
Similarly, the Air Act, 1981 gives powers to Board to prevent air pollution.
“It will be clear from the aforesaid provisions of Section 33A of the 1974 Act and Section 31A of the 1981 Act that the Goa State Pollution Control Board had powers to issue any direction including the power to close, prohibit or regulate mining operations or even to stop or regulate supply of electricity, water or any other service with a view to prevent water pollution or air pollution,” says the order while stating that from the Expert Committee report and reports of Indian School of Mines, Dhanbad and National Environmental Engineering Research Institute, Nagpur, it was clear that iron ore production in Goa has led to massive negative impact on the entire ecosystem leading to enhanced air, water and soil pollution affecting the quality of life across Goa.
