Team Herald
PANJIM: The High Court of Bombay at Goa on Tuesday issued a notice to the Union Ministry of Environment and Forest (MoEF) in a petition filed by South West Port Limited (SWPL) pleading to consider their proposal for terminal capacity enhancement at berth Nos. 5A and 6A at Mormugao Port Trust (MPT) for grant of environment clearance (EC).
SWPL submitted to the Court that citing the National Green Tribunal country wide order dated November 22, 2017, which has restrained the Ministry and States from granting permissions pending finalisation of Coastal Zone Management Plans (CZMPs), MoEF is not willing to process the application for grant of environment clearance (EC) for the project. “This is causing grave prejudice to the petitioner,” SWPL said.
When the matter came up for hearing, the Division Bench comprising Justice S Kemkar and Justice Nutan Sardessai issued a notice to MoEF, while posting the matter for February 12.
“The petitioner seeks directions to the Minister of Environment and Forest to process the petitioner’s application for terminal capacity enhancement at Berth number 5A and 6A of MPT which is already considered and recommended by the Expert Appraisal Committee (EAC) of the Ministry,” SWPL pleaded.
Adv Subodh Kantak, representing SWPL, said that the order passed by NGT is not applicable to SWPL and hence, its application needs to be considered. He said that the application for grant of EC was submitted on February 9, 2015, much before NGT passed the order.
“Before NGT passed the order, the EAC had recommended the project for grant of EC to the Ministry,” Kantak said. He informed the Court that the project has already received a nod from Goa Coastal Zone Management Authority.
SWPL also pleaded before the Court to clarify or modify the NGT order by clarifying that the same is not applicable to the petitioner.
To this, Justice Kemkar questioned how the High Court can clarify on the order issued by NGT and why the respondent did not approach the tribunal. Kantak responded that SWPL had moved NGT seeking clarification or modification of its order; however, this was later withdrawn.
—
SWPL seeks replacement of two ships for unloading at MPT
SWPL has approached the High Court seeking permission to berth an additional two vessels at MPT, as replacements to cargo-laden ships that failed to reach the port due to technical snags.
The Division Bench is likely to pronounce its order on Wednesday, following a reply from Goa State Pollution Control Board (GSPCB).
Adv Subhod Kantak, appearing on behalf of SWPL, informed the bench that two ships which were expected from Panama on January 13 and 16, encountered technical snags while at sea and hence were not able to reach the port.
Hence, SWPL has sought permission to berth for two other ships as replacements to those two. “The ships are already in the sea,” he said.
Justice S Kemkar, however, pointed out that the order passed by them in January, was with regards to only ships that had already sailed for Goa and these two ships were not part of that list. The Court has asked GSPCB to give its say on Wednesday.
SWPL had approached High Court last month challenging the GSPCB decision to revoke consent to operate granted to them for coal handling at berth Nos 5A and 6A at MPT.
—
NGT observes that SWPL handled excess cargo
The National Green Tribunal (NGT) has observed that SWPL has operated/handled cargo beyond the limit prescribed under the Consent to Operate as well as the Environment Clearance (EC).
SWPL had referred to NGT the GSPCB decision to revoke the consent to operate granted to them for operation of berth Nos 5A and 6A at MPT. SWPL had sought an interim stay on the impugned order stating that the order has been passed on the sole ground of exceeding the limits, however, there are no findings whether the operations have caused any pollution.
When the matter came up on Monday, SWPL submitted a short note indicating that they had handled over 8.2 million tonnes of coal, which is admittedly beyond the prescribed limit under the consent.
An application for impleadment was furnished by MPT supporting SWPL’s cause, while Goa Foundation became a party opposing the appeal on behalf of the people of Vasco, who have been agitating against the mobility of coal in the area as it is causing air pollution.
The Tribunal, after hearing the submission, observed that SWPL has operated beyond the limit prescribed under the consent and EC. SWPL has been granted two days to reply. The matter has been posted for Feb 8.
