PANJIM: The High Court of Bombay at Goa on Wednesday stayed further work on the proposal of the Public Works Department (PWD) to construct a ‘pucca road’ by replacing the ‘katcha road’ from Collem to the Dudhsagar waterfalls through the Bhagwan Mahavir National Park.
The Division Bench of Justice M S Sonak and Justice M S Jawalkar, has nonetheless permitted the Forest Department to carry out only the routine post monsoon repairs it has done for the past few years.
The court has ruled that the project requires approval of the Standing Committee of the National Board of Wildlife in terms of the order of the Supreme Court dated October 5, 2015.
“We restrain the respondents from undertaking the aforesaid proposed activities in PA (protected area), but the respondents may undertake the routine repair and maintenance works to the katcha road as they undertake practically each year at the conclusion of the monsoons and before the commencement of the tourist season in October,” reads the order pertaining to a Public Interest Litigation (PIL) filed by NGO Goa Foundation against the PWD and other agencies related to the project. The PIL has been adjourned to October 4 for final disposal.
In one of its orders on November 25, 2005 pertaining to a similar matter in Tamil Nadu, the SC had observed that the precautionary principle will have to be applied because the damage to the eco-sensitive PA will be much greater if the proposed works proceed without any approval from NBWL.
“Since, there is no bar to undertaking routine repair and maintenance works to the katcha road as are undertaken every year, even the balance of convenience is not in favour of the respondents. The petitioners have instituted this petition at an early date and even otherwise, the fact that some work order has been issued is not a circumstance to permit such works in PA at least until the position is cleared by NBWL (National Board of Wild Life), which is an expert agency,” it had said.
