Team Herald
PANJIM: Citing a “communication gap”, the Union Ministry of Environment and Forest (MoEF) has approached the National Green Tribunal (NGT) seeking a modification of its order on grant of Environment Clearances (ECs) stating that “it never took a stand suggesting that the States should be stopped from granting EC for developmental activities within the regulated area”.
NGT Principal Bench, New Delhi had on November 22, 2017 passed a countrywide order banning granting ECs for developmental projects in Coastal Regulation Zone (CRZ) areas pending finalisation of coastal zone management plan (CZMP) by the respective coastal States as per the Ministry’s recommendation.
“It is suggested by Ministry of Environment Forest and Climate Change that the States should not grant Environmental Clearance for development activity which falls within the permissible area/regulated area as that may result in defeating the entire exercise. As per the Statement of Ministry we direct accordingly,” the order had stated.
However, in an affidavit filed before the bench on March 7, MoEF said, “There appears to be a genuine communication gap, on account of which, a kind of improper communication was recorded.” MoEF has prayed that this part of the order may be expunged.
“That it is most humbly submitted on perusal of the entire record it will be revealed that the applicant never took a stand wherein the applicant suggested that the respective States should be stopped from granting EC for development activity within the permissible area/regulated area,” Ministry said.
“Further, it is submitted that the Hon’ble Tribunal in its order dated 22.11.2017 has taken notice of the said notification dated 31.7.2017 and accordingly granted time to the MoEF to finalise the CZMP by 31.07.2018. Therefore, any direction stalling the development activities in the coastal areas is not desirable,” it added.
Seeking a modification of the order, the Ministry has pleaded before Tribunal to pass such other and further orders as may be deemed fit and proper in the facts and circumstances of the case.
In Goa, several crucial tourism projects related to public utilities and others are affected due to the order. The Ministry has also kept in abeyance South West Port Limited’s (SWPL) proposed expansion project for grant of EC on hold, even as the Expert Appraisal Committee of the Ministry has approved and recommended. SWPL has challenged the MoEF action in the High Court of Bombay at Goa.
