PANJIM: In a major setback, the High Court of Bombay at Goa has stayed the process to grant Blue Flag Certification to Miramar beach, which was selected on a pilot basis along with 11 other beaches in the country by the Union Ministry for Environment, Forest and Climate Change (MoEF&CC).
The Division Bench of Chief Justice Pradeep Nandrajog and Justice Mahesh Sonak has issued notice to MoEF&CC and Goa government in a writ petition filed by activist Kashinath Shetye challenging MoEF&CC notification dated July 12, 2019 with regards to Blue Flag certification.
The respondents have been granted four weeks to reply, as the matter has been fixed for the next hearing on November 4.
The petitioner has challenged the notification that has identified 12 beaches, including Miramar for Blue Flag certification. The other beaches are Shivrajpur (Gujarat), Bhogave (Maharashtra), Ghoghla (Diu), Kasarkod and Padubidri (Karnataka), Kappad (Kerala) Eden (Puducherry), Mahabalipuram (TN), Rushikonda (Andhra Pradesh) Golden (Odisha) and Radhanagar (Andaman and Nicobar Islands).
The High Court stay is only for Miramar beach, as the petitioner has challenged the identification of the beach on the grounds that the facilities permitted as per the notification already exist at the beach, and therefore, to permit the same up to a distance of 10 metres from the high tide line (HTL) was not necessary and if permitted would result in environmental damage.
“Operations of the impugned notification shall remain stayed pertaining to the beach in Miramar,” the order stated.
The petitioner has been granted leave to amend the petition to incorporate the facts orally disclosed – that the constructions permitted under the notification already exist at Miramar beach. The amendment is to be carried out within three days.
It may be noted that Goa and Maharashtra are the only two States where the work of Blue Flag certification was initially stalled due to opposition.
