NGO challenges approval for Mollem mega projects in High Court

Team Herald

PANJIM: The approval for mega projects passing through Bhagwan Mahavir Wildlife Sanctuary and National Park at Mollem has been challenged before the High Court of Bombay at Goa.

NGO Goa Foundation’s Public Interest Litigation (PIL) has sought to put a stay on the felling of trees or any development related projects within the national park. Taking cognisance of the PIL, the division bench of Justice M S Sonak and Justice M S Jawalkar issued notices to the Centre and the State governments.

In the PIL, the NGO has challenged the approvals granted by the State and National Wildlife Boards for three linear infrastructure projects – expansion of national highway 4-A, construction of a transmission line and the doubling of the existing railway line, all passing through the Bhagwan Mahavir Wildlife Sanctuary and National Park, at Mollem.

Petitioner Claude Alvares said the three projects collectively require the diversion and destruction of 170 hectare of forest in different areas of this protected wildlife habitat, which will irreparably fragment and destroy the Sanctuary altogether. 

“The approvals are in violation of the mandate given by Article 48A of the Constitution and the provisions of the Wildlife Protection Act, 1972 and are also contrary to public policy and recommendations of the NBWL itself. The mandatory prior approval of the National Tiger Conservation Authority has not been obtained,” he said.

“The approvals have been granted without proper consideration and examination of the proposals and studies submitted. The environmental impact assessments of the projects, wherever done, have been shoddily carried out, with little or no proper evaluation on the impact on the wildlife habitat, including its biodiversity. No cumulative impact assessment of the three projects collectively has been carried out,” he further said.

Further, the PIL also challenges the jurisdiction/authority of the present NBWL as neither the Board nor the Standing Committee-NBWL are constituted or functioning as per law and the continuance of this situation is seriously affecting the implementation of the Wildlife Act.

The petitioner has sought for quashing of the approvals granted by various agencies, which have been made respondents in the matter. Pending hearing and final disposal of this petition, the PIL seeks for an order staying the felling of trees or any other development related to the three proposals for the 4-laning of the NH 4 A, Tamnar transmission line and doubling of railway track in the wildlife sanctuary and national park area. The court has adjourned the matter till July 24 for consideration of plea for interim relief on all three projects.