PANJIM: The Supreme Court on Tuesday set aside the National Green Tribunal’s (NGT) orders dated January 22, 2020, and January 17, 2022, which had allowed the construction of the Tiracol Bridge on Querim beach in Pernem taluka.
The NGT had previously permitted the construction of the bridge, citing its public utility and the assertion that it could be built without causing environmental damage, based on a report dated February 8, 2016, by the National Institute of Ocwwean Technology (NIOT), Chennai.
A bench of Justice Abhay Oka and Justice Augustine George Masih restored the application filed in NGT by NGO Goa Foundation challenging the construction of the bridge on the grounds that the applicant had not been given the opportunity to object to the NIOT report.
After the NIOT report was submitted, the appellant filed objections on March 30, 2016, which were not even mentioned in the NGT’s January 22, 2020 order, the court noted. The order also had no mention of the affidavit by the project proponent — Goa State Infrastructure Development Corporation (GSIDC) addressing these objections, the court added.
The second impugned order dated January 17, 2022, was passed on an application for recall of the first order.
“According to us, the only course open for the NGT was to recall its earlier order as the appellant was not given an opportunity to argue on the objections raised to the report of the experts. As the appellant was not heard on its objections, even the GSIDC was not heard on the subject. We therefore are of the view that the NGT ought to have recalled its first order dated January 22, 2020, and kept the original application for hearing. However, that was not done”, the court observed, setting aside the orders
Further, the Supreme Court directed the NGT Principal bench in New Delhi to transfer the application to NGT bench in Pune in view of a Bombay High Court full bench judgment stipulating that only Western Zone bench of the NGT can decide matters arising from Goa and Maharashtra.
The court directed the parties to appear before the NGT Pune, on September 9, 2024. Considering the time that had elapsed since the impugned orders, the apex court allowed the parties to submit additional pleadings before the NGT.
As the construction has not commenced due to an interim order of the Supreme Court, the court allowed the Goa government and GSIDC to request NGT to give out of turn priority to hear the application.
The Goa Foundation’s application in NGT raised several concerns, including violations of the Coastal Regulation Zone (CRZ) Notification, 2011, and the Forest Conservation Act, 1980, as there was no prior approval from the Ministry of Environment and Forest and Climate Change (MoEF&CC). The NGO contended that the proposed construction fell in a no construction zone and no mitigating measures have been taken.
COURT OBSERVATIONS
According to us, the only course open for the NGT was to recall its earlier order as the appellant was not given an opportunity to argue on the objections raised to the report of the experts. As the appellant was not heard on its objections, even the GSIDC was not heard on the subject. We therefore are of the view that the NGT ought to have recalled its first order dated January 22, 2020, and kept the original application for hearing. However, that was not done
–Supreme Court
