PANJIM: The High Court of Bombay at Goa has asked the Secretary (Environment), to issue necessary circulars within next 15 days to the Mamlatdars, Collectors and Deputy Collectors apprising them of the list of wetlands and water bodies and the provisions of the Wetland Rules of 2017 so that there is strict compliance.
Hearing a writ petition filed by Mohinder Kaur Paintal, the Court has asked the wetland authorities constituted under the Wetland Rules of 2017 to keep a vigil on violations and take action to prevent violations so as to secure the restoration of such water bodies and wetlands in the State.
Referring to Advocate General Devidas Pangam’s statement that a survey is being undertaken to determine the water bodies in towns and other places in the State, the Court said that such surveys must continue so that there is clear data concerning the water bodies and wetlands. If there is any list prepared by the Water Resources Department (WRD) or the Public Works Department (PWD), the same must be placed before the Court by next date.
Since the respondent Goveia Resorts/Waterfront, Siolim-Marna agreed to restore the lagoon only to the extent of 96 mtrs x 67 mtrs, the Court directed the Goa Coastal Zone Management Authority (GCZMA) to undertake the work of balance restoration so that the lagoon is restored to its original dimensions of 125 mtrs x 80 mtrs. Also the GCZMA’s order dated April 7, 2017 stated that in case the respondent fails to comply, the Deputy Collector and SDO of Bardez shall comply with the directions and recover the expenses from the respondent as arrears of land revenue.
The Court also directed the Goveia Resorts/Waterfront to deposit Rs five lakh with the GCZMA within next two weeks. The GCZMA must start the restoration works within two weeks, irrespective of the respondent’s deposit of this amount. The GCZMA must also inform the Court of the tentative costs for the restoration so that suitable directions can be issued to the respondent for depositing the costs.
The Court observed that the respondent had neither fully complied with the directions of the GCZMA dated April 7, 2017, and the directions of the NGT dated December 15, 2022 while hearing an appeal of the Goa Paryavaran Savrakshan Sangharsh Samitee.
The respondent’s counsel Adv Parag Rao submitted that a fresh survey be ordered by the Court involving the Directorate of Survey and Land Records (DSLR) to ascertain whether the original dimension of the lagoon was 125 mtrs x 80 mtrs. He submitted that the original dimension was only 96 mtrs x 67 mtrs and the respondent would restore the lagoon dimensions to 96 mtrs x 67 mtrs by March 20, 2024.
The respondent also agreed to restore the opening of the sluice gate from 12 metres to its original size and also restore the width of the sluice gate to 2.5 metres and the depth of the construction of the sluice gate opening would be maintained at the lowest tide level. However, he said that it was impossible to comply with the direction of the about restoring the lagoon to its original dimensions of 125 mtrs x 80 mtrs.
The Court found that the respondent had virtually filled up a natural lagoon for putting up a commercial project. Concrete walls were constructed on the river bank; sluice gate walls were demolished and re-constructed, and sluice gate openings were unduly widened. The constructions put up on the property virtually amount to environmental havoc.
