Team Herald
PANJIM: The High Court of Bombay at Goa has directed the village panchayat of Mollem to produce resolutions in connection with a project at Sangod that requires felling of over 2,600 trees.
The bench comprising Justice Mahesh Sonak and M S Jawalkar has also issued notice to respondents in a Public Interest Litigation (PIL) filed by Goa Foundation challenging the permissions granted for felling of 2,670 forest trees on survey numbers 21/1 and 22 to make way for an electricity substation connected with the Tamnar High Tension Line (HTL) at Sangod, Dharbandora.
In its order last week, the bench, while issuing notices the HC sought a reply from the respondents and also directed Mollem panchayat to file an affidavit as to the resolutions of the panchayat on the basis of which the Sarpanch issued the impugned permission for the project. The notices are returnable on December 1, 2020.
“The Panchayat to place on record all the resolutions with regard to the present project. The affidavit will also explain whether such permissions are issued even in the absence of any conversion sanad in all cases,” the order stated.
The petition challenges the grant of construction license by the Sarpanch without a conversion sanad and without a resolution of the Mollem panchayat. “In fact, the panchayat had already taken a decision to place the matter before the gram sabha. In the meanwhile, the licence was issued by the sarpanch,” the NGO said.
During the hearing, the counsel appearing for Tamnar conceded that they did not have a conversion sanad, and that “presently, no development or construction work is being carried out”.
“As yet, there is no conversion sanad obtained in respect of the said property which is the subject matter of this petition. Presently, no development or construction work is being carried out. However, there is a shed with corrugated sheets meant for security personnel/staff present at the site,” the counsel submitted.
The PIL has alleged that heavy earthmoving machinery had been moved to the site and that several workers were involved in clearing of the area and removal of mud. This writ petition challenges the construction of an electrical substation and related infrastructure including residences in contravention of the Regional Plan 2021 which has zoned the land as natural cover, No-Development Slope and paddy fields.
The petitioner argued that no conversion can be granted for such lands in view of the norms prevailing under the Regional Plan 2021 and that neither can the land be converted as per order of the Supreme Court dated February 4, 2015.
The petition consequently challenges the destruction by clear felling of a patch of rich natural forest stocked with 2,670 trees located on the plot based on entirely fraudulent and manipulated permissions, and seeks its restoration, apart from penalties.
The petition also challenges the order of the Town Planner, Quepem, granting technical clearance for construction on a property zoned as paddy field, no-development slope and natural cover.
The petitioner has thus sought that the court quash and set aside the approval of the government under Section 31 of the Goa Preservation of Trees Act, 1984; to quash and set aside the tree felling permission as well as TCP technical clearance and the Panchayat construction license.
It had been mistakenly reported in Herald’s October 30th edition that the high court had stayed the three projects passing through Bhagwan Mahavir Wildlife Sanctuary and National Park at Mollem till December.
