PANJIM: In a landmark legal move, canoe owners, ramponkars and other street fighters in the battle to save Goa from becoming a coal hub have moved the National Green Tribunal, challenged the environment clearance (EC) and Coastal Regulation Zone (CRZ) clearance granted to South West Port Limited SWPL, a project of JSW, to enhance the cargo handling capacity from existing 7.5 million tonnes per annum (MTPA) to 15 MTPA.
They also contended that the Goa State Pollution Control Board (GSPCB) on several occasions has issued show-cause notices to SWPL for coal handling beyond permissible limits and causing air pollution.
They also said that the GSPCB in 2018 had raised its strong objection to EAC’s recommendation for the grant of EC to the proposed enhancement of cargo handling capacity.
The National Green Tribunal (NGT) has issued notices to the Union Ministry for Environment, Forest and Climate Change (MoEF&CC), various State government authorities, and the South West Port Limited (SWPL) in an appeal filed.
The notices, issued on April 26 and returnable within four weeks are also issued to the Goa Government, South Goa District Collector, Goa State Pollution Control Board (GSPCB), Goa Coastal Zone Management Authority (GCZMA) and Mormugao Port Authority (MPA). The matter is now listed for the next hearing on July 24.
The appeal is filed by Old Cross Fishing Canoe Owners’ Cooperative Society Ltd, Baina Ramponkar and Fishing Canoe Owners’ Society, Goenchea Ramponkarancho Ekvott, Goencho Ekvott, Baina Fisherman Society, St Andre Canoes Owners Society, and St Francis Xavier Fishing Canoe Owner Cooperative Society Ltd. They are the appellants.
Orville Dourado Rodrigues, Founder Member Goencho Ekvott said, “The Old Cross Fishing Canoe Cooperative Society, which has been at the forefront against the pollution caused by unscientific hazardous cargo handling along with Goencho Ekvott, Goenchea Ramponkarancho Ekvott, and four other associations filed a petition before the National Green Tribunal, Pune recently praying for revoking this EC which will have a devastating effect not only within the port town but also as far as Caranzalem, Dona Paula and surrounding areas”
The appellants have prayed for a stay and to quash and set aside the EC and CRZ Clearance granted to SWPL by MoEF&CC through an order dated January 11 to enhance the coal and other cargo handling capacity at berth No 5A-6A of MPA from existing 7.5 MTPA to 15 MTPA. The appellant highlighted that the coal handling capacity will expand to 13 MTPA from the existing capacity of 5.5MTPA.
The appellants have challenged the EC and CRZ clearance on misrepresentation of facts in the Environment Impact Assessment report, faulty public hearing, failure of the Expert Appraisal Committee to deliberate on the concerns raised by the public against the project, and the objection raised by the GSPCB to the grant of EC.
Those who knocked on the doors of NGT contended that the information contained in the EIA stating that the project will have no detrimental effect on the coast as no fishing activity exists in the jetty limit is false and misleading as the Kharewado fishing jetty is located only a few meters away from the berth area and there are also two more fishing jetties- Baina and Sao Jacinto- situated within 10 kms radius of the proposed project impact area.
They also brought to the notice of the Court that the impact on ambient air quality from handling 13 MTPA of coal has not been studied as part of EIA, despite the fact that the Source Apportionment Study conducted by IIT-Bombay had specifically recommended a comprehensive Environment Management Plan to re-evaluate the monitoring and control measures for the influence of dust cargo in the vicinity of the port area. And this study would be beyond the scope of EIA.
The appellants charged that the issue of notified port limit for MPA was not placed nor discussed at the time of the public hearing held in April 2017. EIA report was also not made available in vernacular language to village panchayats within 10 kms of the radius impact area, etc.
They said that the Expert Appraisal Committee (EAC) under the Supreme Court made a representation in 2018 requesting to reject the EC and the same was not taken into account.
Despite overwhelming opposition at the public hearing to the enhancement of the cargo handling capacity, which perhaps created a history of sorts as the public hearing stretched for over 8 days, it was shocking to note that the Environment Clearance (EC) was granted to the Mormugao Port Authority in January 2023 for enhancement of the cargo handling capacity from existing 5.4 MMTA to 12 – 13 MMTA.
