PANJIM: Giving no relief to South West Port Limited (SWPL), the High Court of Bombay at Goa has observed that the Ministry of Environment and Forests (MoEF) has not considered its application over granting Environmental Clearance (EC) to its projects at MPT, indicating that the ministry does not want to grant an approval.
“It is the case of the petitioner (SWPL) that application to MoEF on February 9, 2015 is not considered by MoEF, MoST in view of the order passed by National Green Tribunal on November 22, 2017. This has been accepted by the MoEF… MoEF has stated that it is in the process of getting the order reviewed or modified. The petitioner can wait till MoEF seeks suitable modification. The petitioner is before us because it cannot wait. This, as far as the petitioner is concerned, as on today, the application of the petitioner is not granted,” the court observed while dismissing the petition in an order on Tuesday.
SWPL had approached the High Court with a plea to direct MoEF to process its application for granting permission to enhance terminal capacity of berths 5-A and 6-A at Mormugao Port Trust (MPT).
The bench comprising Justice N M Jamdar and Justice Prithiviraj Chavan also stated that SWPL has understood that permission is denied and if it cannot wait and MoEF is not deciding on the application at present, ‘what else it is but denial as on today’. Against this denial, a remedy is to approach the Tribunal.
The bench also slammed the petitioner for hiding crucial facts before the court such as action by the Goa State Pollution Control Board (GSPCB).
“Even though the petition is sought to be presented before us for a ‘limited purpose’, the ultimate aim of the petitioner, as appears from the petition, is that it wants to ‘expand its legitimate activities at the port’. If the activities at the port have been shut down for the violation of the norms, well before the affirmation of the petition, it is a most relevant factor which should have been disclosed. By not doing so, the petitioner is guilty of suppression… action taken against the petitioner is a fact and it is also a fact that charges are serious. This background ought to have been placed before us or at least a reference to this background should have been made before us by the petitioner. Instead, based on the averments which we have quoted above, an attempt is made to present a picture to us that all the permissions are in place,” the bench stated in the 40-page order.
The court also stated that the petitioner’s contention that court must look into only those facts which are relevant for limited prayers, ‘the conduct is not material for the grant of those prayers sought and we must leave everything for the MoEF’.
SWPL had submitted to the Court that citing NGT’s country-wide order dated November 22, 2017, that restrained the Union Ministry and State from granting permissions pending finalisation of Coastal Zone Management Plans (CZMPs), MoEF was not willing to process the application for grant of EC for the project. “This is causing grave prejudice to the petitioner,” the applicant had said.
