Lawyers from Goa and beyond write to the Central Empowered Committee questioning wildlife and forest diversion approvals for three linear projects within the Bhagwan Mahaveer Wildlife Sanctuary

Prakash Kamat
Panaji,July 22-A group of anguished lawyers from Goa and across the country have written a letter to the Member Secretary and Committee Members of the Central Empowered Committee(CEC) constituted by the Supreme Court of India raising their serious concerns and questions with respect to the unfathomable decisions made by the Ministry of Environment, Forests and Climate Change (MoEF&CC) during the  57th meeting of the Standing Committee of the National Board for Wild Life(NBWL) on 07th April, 2020.
The seven-page letter elucidates detailed illegalities and contradictions in each of the three projects in detail. It points out to the fact that despite the lack of scrutiny by the State Wildlife Advisory Boards and pending queries that were raised by the Regional Office of the MoEFC, the clearances were accorded.
 “It would be perverse to the principle of natural justice, if we collectively did not display our discomfort and distress to the highly insensitive and unjust decisions taken at the cost of our natural wealth, of which each of us are stakeholders. It is even more distressing that such clearances are granted by the very authorities appointed to protect our environment and wildlife,”the letter stated.
The letter also cites the June 11, 2020 order of the Manipur High Court which attributes the spread of zoonotic diseases such as Covid-19 to deforestation and destruction of wildlife habitat. It also highlights the possibilities of many such zoonotic diseases to follow, if preemptive steps are not taken to restore country's forest cover.
“The very intention of the CEC is to conduct detailed enquires and submit a report to enforce the Supreme Court's order wherever there is non-compliance. As recently as 8th July, 2020, the CEC acted on a complaint about illegal construction in the wildlife corridors of Kaziranga National Park. They not only found violations of SCuoreme Court orders but the CEC sought a detailed response from the Chief Wildlife Warden of Assam. Thus, CEC is an inquisitorial system as opposed to an adversarial system" stated, signatory and lawyer Adv. Sreeja Chakraborty.
Goa-based lawyer and signatory to the letter, Adv. Malisa Simoes noted,"It is now becoming increasingly apparent that the Government is out to sell our highly protected and Eco-Sensitive areas lock, stock and barrel, to the highest bidder. It is expected for a democratic and transparent Government to work in the interest of sustainable development and its people. These hastily approved linear projects were unnecessary, is not in the larger interest of the people and bypasses and violates many procedures laid down by law. This ruthless misbehaviour displayed by the Government and MoEF&CC is being watched very closely and rest assured that such brazen destruction will be fought tooth and nail.”
Questioning several decisions taken by the MoEFCC, in the letter, lawyers also stated that the highly controversial 57th meeting of the Standing Committee was held midst of an international pandemic and a national lockdown, when the statutory right to appeal was suspended due to the pandemic. They further added, “Such a meeting was convened in the midst of an international pandemic and a national lockdown is downrightly unacceptable and a complete mockery of the legal processes, it is a blatant and deliberate violation of Section 29 and 35(6) of the Wildlife Protection Act, 1972.”
"When considering linear projects within protected areas, the Standing Committee of the NBWL is necessarily required to record reasons of public interest and unavoidability," opined, signatory and young legal professional Ms. Shreya Padukone who is working in the field of animal law.
Adv. Sharan Balakrishna, an environmental lawyer based in Delhi endorsed the letter and echoed similar concerns. She says, “Contrary to what the actions of the Standing Committee show, the statutory purpose of the NBWL is not to siphon off protected areas. As per the Wild Life Protection Act from where the NBWL derives its authority, the NBWL can only carry out measures to promote the conservation and development of wildlife and forests. These decisions clearly do not satisfy that requirement and are a devastating blow to the environmental rule of law in the country,”the letter stated.
The letter was also sent to the Union Environment Minister, Chief Minister and Governor of Goa, Members of the National Board for Wildlife, Secretaries from four different Ministries, Chief Wildlife Warden of Goa, Chief Engineer of the Public Works Department, Goa Tamnar Project and Rail Vikas Nigam Limited.
The letter urges the CEC to take serious cognisance of the facts and figures related to the destructive, unlawful and unsustainable methods of development and forthwith recommended the withdrawal of the three linear projects in toto.
This is the not the first time citizens from Goa and across the country have written to the CEC opposing the clearances, despite the current pandemic crises. Over 150 researchers and allied professionals have previously written to the Ministry expressing their concerns and objections, 224 local business owners, chefs, architects and publishers also wrote to the Union Ministry of Environment and Forests, 150 tourism stakeholders also wrote to the CEC expressing their concerns.(eom)

Sangath, Goa's tele-pschciatry project- IMPACT India, has been picked by the Global Innovation Exchange as an innovation that can be used to reduce the burden on healthcare professionals

Prakash Kamat
Panaji, July 18-Sangath’s tele-pschciatry project- IMPACT India,  has been picked by the Global Innovation Exchange as an innovation that can be used by countries and health professionals to reduce the burden on healthcare professionals,said annual report of Sangath, Goa-based mental health organisation.
Sangath is a non-governmental, not-for-profit organisation committed to improving health across the lifespan by empowering existing community resources to provide appropriate physical, psychological and social therapies. Its primary focus areas include child development, adolescent and youth health, and mental health and chronic disease.
Pinaki R. Mitra, Executive Director, Sangath said in her report of 2018-19 dispatched this week to general body members that most nations have been impacted by the COVID-19 pandemic. Economic hardships, quarantine and lockdown measures have led to increased stress, anxiety, and feelings of social isolation. Sangath’s commitment to improve health across the life span continues even during COVID-19 pandemic, despite the restrictions imposed by the lockdown measures.
Through the tireless efforts of our team members, Sangath tried to address the psychological and social needs of different age groups. We are empowering communities, engaging with adolescents, youth, and adults on mental health issues, and we have supported people with counselling services through digital platforms during this pandemic.
By providing free, online audio-visual individualized counselling services through the COVID-AV platform, Sangath’s counsellors, psychiatrists, and psychologists, are reaching out to people from Jammu & Kashmir to Kerala to help them combat the mental health impact of COVID-19. COVID-AV, a joint effort by Sangath, Directorate of Health Services (Goa), Psychiatric Society of Goa, Antarman, COOJ & the Goan entrepreneur Nishadh Amonkar, enables people to cope with mental health issues through free mental health therapy.
Supported by the Medical Research Council (UK), IMPACT India has been selected as the telemedicine model that allows patients to access medical care while following social distancing during the pandemic. Sangath further strengthened its relationship with the Directorate of Health Services (Goa), by handing over the Counselling Cabin of the IMPACT India project to the health officers of Primary Health Center, Bicholim, Goa. The cabin is now being used as a COVID-19 testing room. Sangath’s Addictions Research Group has also launched the My Wellness and COVID-19 survey, to understand the Mental Health impact of COVID-19. The survey is open to adults across India and can be accessed at https://www.sangathsurveys.com/
Increasing awareness about mental health amongst youth in India, Sangath’s It’s OK to Talk team interacted with young people through social media, to address the mental health challenges during these difficult times.  It’s OK To Talk team reached youth across India through lively discussions on topics such as managing sleep difficulties, career anxiety, dealing with domestic violence & abuse, and coping with unhealthy habits during COVID-19.Sangath’s team of experts created wider awareness on COVID-19 and its mental health impact on children, parents, teachers, media professionals, and public at large, through webinars in collaboration with reputed national and international organisations, such as India Leaders for Social Sector, Piramal Swasthya, the Fulbright Commission in India, the Schizophrenia Research Foundation (SCARF), Lennox India Technology Centre, Harvard University,etc.
Highlighting the increased significance of mental health during COVID-19, as well as reinforcing the urgency of a robust public health system in India, Sangath’s experts reached out to the policy makers, health professionals, health administrators, and public at large, through the medium of newspapers, and television discussions. Our experts contributed to some of the most widely-read national newspapers and online portals, such as The Hindu, The Indian Express, and the Mid Day. They also participated in discussions for national and international media channels like NDTV, TV Today, Times Now, ET Now, Republic TV, and  Al Jazeer
"As we move ahead during this challenging period, Sangath’s team continues to work for improving  health outcomes, by addressing the psychological and social needs  in the realm of Child Development, Adolescent Mental Health, Adult Mental Health, and Addictions," said Mitra.(eom)

GOA: BOMBAY HIGH COURT AT GOA ISSUES NOTICE ON MOLLEM INFRASTRUCTURE PROJECTS

Prakash Kamat
Panaji, July 17- A division bench of the Bombay High Court at Goa comprising Justices M.S. Sonak and M.S. Jawalkar issued notice on Friday in a Public Interest Litigation(PIL) filed by the Goa Foundation – on behalf of the wildlife of the state of Goa and its habitat – to challenge the approvals granted by the State and National Wildlife Boards for three linear infrastructure projects, namely, the expansion of national highway 4-A, the 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. 
These three projects collectively require the diversion and destruction of 170 ha. 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 the recommendations of the NBWL itself. The mandatory prior approval of the National Tiger Conservation Authority has not been obtained.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. 
The impugned approvals are sought to be legitimised under MoEF&CC Guidelines that dilute the strong statutory protections afforded to protected areas. However, those parts of these Guidelines -- which are directly contrary to the Wildlife Protection Act -- are themselves also under challenge in this petition as being ultra vires the Act. 
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 PIL therefore, besides raising substantial questions of law, also seeks writs of quo warranto and other appropriate reliefs.
The Court adjourned the matter till July 24 for consideration of plea for interim relief on all three projects
Reliefs sought:
a)     A writ of quo warranto or in the nature of a quo warranto or any other appropriate Writ, Order or direction quashing the constitution of the Standing Committee of NBWL/Respondent No. 13, videNotification  dated 14 September, 2010 (Annexure41)& Notification dated 22.07.2014 (Annexure 42);
b)  For an appropriate writ, order of direction, to quash the decision of the Standing Committee of the National Wildlife Board/Respondent No. 13, to approve the proposal for the 4-laning of the NH 4 Ataken at its meeting dated 07.04.2020
c)   For an appropriate writ, order of direction to quash the decision of the Standing Committee of the National Wildlife Board/Respondent No. 13, to approve the Tamnar transmission line proposal taken at its meeting dated 07.04.2020
d)  For an appropriate writ, order of direction to quash the decision of the Standing Committee of the National Wildlife Board/Respondent No. 13 to approve the proposals for the doubling of the railway line from Castlerock to Kulem and Kulem to Madgaon taken at its meeting dated 17.12.2019 ;
e)   For an appropriate writ, order of direction to quash the decision of the Goa State Wildlife Board to recommend the proposal for the 4-laning of the NH 4 Ataken at its meeting dated 02.12.2019
f)    For an appropriate writ, order of direction to quash the decision of the Goa State Wildlife Board to recommend the Tamnar transmission line proposal taken at its meeting dated 02.12.2019;
g)  For an appropriate writ, order of direction to quash the decision of the Goa State Wildlife Board to recommend the proposal for the doubling of the railway line from Castlerock-Kulem-Kalay-Madgao taken at its meeting dated 16.12.2017 and 02.12.2019;
h)  For an appropriate writ, order of direction to quash the permits for the impugned projects, if any, issued by the Chief Wildlife Warden under the provisions of Section 29 and 35 (6) of the Wildlife Protection Act, 1972;
i)    For an appropriate writ, order of direction to quashand set aside the guidelines/circulars dated 19.12.2012, 22.12.2014 and 05.05.2014 issued by the MOEF&CC;
j)    For costs of this petition;
k)  Any other reliefs this Hon’ble Court may be pleased to grant.
Interim reliefs:
l)       Pending hearing and final disposal of this petition, for an order staying the felling of trees or any other development related to the 3 proposals for the 4-laning of the NH 4 A, Tamnar transmission line and doubling of railway track in the Bhagwan Mahavir Wildlife Sanctuary and Mollem National Park area,said Claude Alvares, Director, Goa Foundation, Goa.

Students of Goa&neighbouring States take the lead and express their concerns on impact of forest clearance projects at Mollem on human health

Prakash Kamat
Panaji,July 10-A total of 427 students mainly from across Goa and a few from adjacent States have written to the Central Empowered Committee(CEC) of the Supreme Court to express their concern about the three linear intrusions projects in and around Mollem National Park and Bhagwan Mahavir Wildlife Sanctuary.
Their letter centered around the emerging paradigm “one health” which explores the linkages between healthy people and healthy environments.
The students state that the “expansion into new geographical territories due to such linear intrusions increases chances of human – animal interactions and the frequency of vectors and viruses coming into contact with humans.”
The three linear projects in Bhagwan Mahaveer Wildlife Sanctuary and Mollem National Park are the NH4A highway, doubling of the railway track and setting up of transmission lines, two of which were cleared during the lock-down.
The signatories further added that deforestation could lead to a rise in the occurrence of diseases like COVID-19. This makes it even “more important for environmental governance to be given the seriousness it requires and due process to be followed, given that among other factors, it is directly relevant to human health.”
Specifically with respect to forests in Goa, the students have highlighted the cases related to the Kyasanur Forest Disease(KFD), where the Indian Council of Medical Research (ICMR) stated that “clearing of forest area for cultivation causes changes in tick fauna and is considered as an important risk factor for KFD outbreaks.”
Apart from physical health, the students mentioned that these green spaces were very important for their mental well being. They stated that changes to natural life support systems are already impacting human health and are projected to drive the majority of the global burden of disease over the coming century, hitting today’s most vulnerable and future generations the hardest.
“We must realise that such projects have a huge socio-economic and health implications in addition to the ecological damage. The inter-connectedness between natural eco-systems and human societies is at the forefront of achieving sustainable development goals as well as ensuring human well-being and safety”, according to Dr. Prashanth N Srinivas, a public health researcher at Institute of Public Health, Bengaluru.
They requested the committee members of the CEC to act in a way that will secure their collective future and to reconsider the three clearances as these forest were important for their collective well-being.(eom)

Students say it with illustrations:

SWR urged to conduct another study on ecological impact on Goa’s environment,before it decides on doubling the tracks from Vasco to Kulem in Goa

Prakash Kamat
Panaji,July- In a letter addressed to the DGM Deputy General Manager(DGM),South Western Railways(SWR), regarding the doubling of Railway tracks in Goa sector, a concerned citizen,Neel Vaidya,Panaji has urged that in the best interest of the public, the households along the SWR track from Vasco to Kulem, and the ecological impact on Goa’s environment, it should make additional studies before they decide on doubling the tracks from Vasco to Kulem, and also take in the best interest of the people.
 "I hope you will take additional studies before you decide on doubling the tracks from Vasco to Kulem, and also take the people of Goa into consideration," says
Mr. Vaidya and goes on to raise some pertinent queries and seeks information in public interest:
a)What is the number of houses which will have to be brought down/broken if the tracks are doubled? Is the village wise/taluka wise list of these houses available?
b)Are the owners of the above houses informed about the same?
c)How many of the houses in a) & b) above are heritage homes?
d)The railway tracks, if doubled, will come too close for comfort to how many houses (Village wise/Taluka wise)?
e)Has the SWR done a house to house detailed survey and feedback of existing houses along the SWR tracks in Goa (for noise, pollution, disturbance, etc.)? What is the outcome of this study?
f)Has an EIA (Environmental Impact Assessment) study been done on the SWR double tracking project on the development between Vasco to Kulem portion in Goa?. Is the report made public?
g)Have the SWR authorities spent a few days in the houses of the residents or along the SWR tracks in Goa, to personally experience the difficulties faced (noise pollution, dust/coal pollution, vibrations, etc.)?
 He gas said that if the above information is available on any website, then to guide him to the same. If it is not, the he has requested SWR authorities to put it up on their website for public knowledge and provide him the link to the same.(eom)

Disability Rights Association of Goa serves ultimatum to Velsao Panchayat and GCZMA

Prakash Kamat
Panaji, July 3-The Disability Rights Association of Goa(DRAG), body spearheading the cause of persons with disability has served a three day ultimatum to the Velsao Pale Panchayat and the Goa Coastal Zone Management Authority to demolish an illegal compound wall in CRZ zone as it was blocking the traditional access of person with disability and the elderly and denying them their right to livelihood.
In a letter to the Secretary,Velsao Panchayat and Goa Coastal Zone Management Authority(GCZMA)DRAG stated, “We are in receipt of a complaint from Domingos Goes,Velsaou that his neighbour has constructed an illegal compound wall which is blocking his and his elderly mother’s traditional access thereby denying them the right to move out of their house and earn their livelihood. The illegal compound wall is also blocking the water flow during the rains and high tide and making it difficult for them to move about in their compound.  You have inspected the property and confirmed in writing that the compound wall is illegal. However even though one month has passed of your inspection you have not issued demolition orders to the concerned party. On the contrary you have asked the party to showcause within 15 days why the compound wall should not be demolished. We fail to understand the reason of asking justification of conducting illegal activities instead of demolishing the illegal activities. We feel that this is done to harass persons with disability and the elderly. Hence we demand that the illegal compound wall should be demolished within three days of receipt of this letter as it is affecting the right to mobility and livelihood of person with disability and the elderly failing which we will demolish the same at our cost.”
DRAG has also written to the Executive Magistrative Vasco demanding action against the Sarpanch and Secretary of Velsao Panchayat and Member Secretary of GCZMA for harassing persons with disability as it is punishable offence under Rights of Persons with Disability Act 2016. DRAG has also demanded suspension of officials of Vasco BDO for their failure to produce their official identity cards to DRAG President when they went on official inspection duty of the above illegal compound wall. They also told him that they are not concerned about rights of persons with disability as it does not concern them.
DRAG has also condemned the President of Goencho Ramponkarancho Ekvott for not helping and using undue influence to harass Domingos Goes whose mother is a traditional fisherwoman. Domingos Goes is 100% disabled who supports his family and mother by transporting fish to the market in his rickshaw.
DRAG president Avelino de Sa  has expressed concern over increasing cases of harassment of persons with disability across Goa and appealed to the general public and civil society to encourage self reliant disabled youth like Domingos and not put obstacles in their path,which goes against the spirit of inclusive society. (eom)

TTAG writes to Jawadekar over concerns regarding forest land diversion for NH4A highway expansion, railway double tracking and laying of LILO transmission line through Bhagwan Mahaveer Wildlife Sanctuary and Mollem National Park

Prakash Kamat
Panaji, July 3- In a letter written to Union Minister for Environment and Forest & Climate Change Prakash Jawadekar, Goa Travel and Tourism Association(TTAG), body working for hospitality and travel in Goa  have expressed deep concern about the three projects that are going to be undertaken at Mollem at the Bhagwan Mahaveer Wildlife Sanctuary and the surrounding areas, which they feel will affect the hinterlands of Goa and which will in turn affect Goa's diverse tourism potential.
The letter says that as members of the Travel and Tourism Association of Goa they would like to express their concern about the diversion of forest land within and around the Bhagvan Mahaveer Wildlife Sanctuary and Mollem National park, both prime locations of hinterland and naturebased tourism.
"We urge you to consider the intersections between environmental degradation and the uture of Goa’s tourism sector which is at crucial junction,", says the letter.
 The 2019-2020 tourist season began with unseasonal weather and tropical storms and is now facing the covid-pandemic. This pushes us to strengthen natural capital ancosystem resilience to strengthen the future of tourism in Goa. In this context, the three proposed projects (four lane highway expansion, double tracking of the railway line and laxying of the transmission line) will not only change patterns of land-use but significantly affect the tourism potential of these areas and Goa’s overall tourism vision.This brings us to the main point of nature-based tourism in the hinterland. Over the past decade, there is an observable global trend in nature-based tourism (including in India), which shows an increase in the number of international visitors to less-wealthy countries.
Another study on nature-based tourism trends in India shows a 14.9% average growth rate (the number of visitors per year) to India’s protected areas, bulk of which are domestic touris2 In fact, in 2014, the State Government of Goa appointed KPMG to create a 25 year Master Tourism Plan where the state’s tourism assets were looked at more holistically.
 In their report they state that the “historical promotion of ‘sun, beach and sand’ alone has led  to non-discovery of other tourism assets”. Thus the change in ecosystem values of Bhagwan Mahaveer Wildlife Sanctuary and Mollem National Park stands to compromise Goa’s overall vision for tourism.
The region within and surrounding Mollem National Park and Bhagvan Mahaveer Wildlife Sanctuary has some of the most scenic natural habitat in the country and is celebrated as part of a UNESCO World Heritage Site as well as a Biodiversity Hotspot. A site with historical
and cultural value is that of the 12th century Mahadeva Temple in Tambdi Surla which is the only structural temple to survive from the Kadamba period. These are sites of great pride for the State of Goa and are valued and celebrated by tourists and residents alike. Another site is Dudhsagar Waterfalls, where the waterfalls alone attract over 2100 tourists per day, 7 days a week for a period of 8 months. This equates to roughly 4.7 lakh people per season that visit this location. Trends also show an increasing demand for homestay tourism in Goa wwhi according to local operators already hosts over 6000 tourists per year. Hinterland tourism is
thus not only a growing revenue generator for the state but can safeguard our position on the global tourism map as it provides a buffer when the coastal belt is closed during the monsoons.
With this in mind, we request you to consider the three requests, which we as the TTAG  have put forth:
Cumulative impact assessment: We urge the concerned authorities to conduct a cumulative Environmental Impact Assessment of the impact of all three projects that cannot be looked
in isolation. This will help us better understand the impact of these projects on the hinterland tourism of the area.
Due process: Two projects were passed on the basis of a virtual clearance that should be reconsidered and be held in abeyance until pandemic-related travel restrictions are lifted to allow in-person meetings and travel to project sites for fresh appraisals following due process.
Rationale of the projects: We would like a clarification on the explicit need for these three projects to run through a protected area. We request the authorities to put forth a working model that integrates livelihood, ecological and tourism data, for all three projects. For instance, there is an existing wide-double road with 7 m carriage that is being proposed for highway expansion, especially when there are other routes like Chorla Ghat.
Seasonal travellers that visit the area for nature-based tourism are unlikely to demand a hhighway expansion.
In conclusion, TTAG said that they  are concerned with the impact of that these three projects will  have on the tourism industry and we would like an impact assessment on the damage done to the protected area and surrounding forests versus what the connectivity benefits are for  the tourism industry, residents and other stake-holders.
This will go a long way in safeguarding Goa’s current tourism industry and assist us in planning for a better model of tourism for the State.(eom)

CENTRAL EMPOWERED COMMITTEE ISSUES NOTICE ON GOA FOUNDATION COMPLAINT RELATING TO THREE INFRASTRUCTURE PROJECTS WITHIN MOLLEM NATIONAL PARK AND BHAGWAN MAHAVEER WILDLIFE SANCTUARY

Prakash Kamat
Panaji,July 2-The Central Empowered Committee(CEC),New Delgi on Thursday issued a notice to several authorities involved in the approval of three major infrastructure projects in the Mollem National Park and the Bhagwan Mahaveer Wildlife Sanctuary.
The authorities have been asked to file their reply in 30 days from the day of notice.
Reliefs sought in the complaint:
a) Examine the decisions of the Standing Committee of the NBWL related to approval of the three projects within the Bhagwan Mahaveer Wildlife Sanctuary and National Park, Goa and recommend their cancellation.
b)  Examine and recommend the cancellation of the permits issued, if any, by the Chief Wildlife Warden, Goa, for the three impugned projects.
c) Examine the Guidelines issued by MOEF&CC relating to infrastructure projects in wildlife sanctuaries and national parks, and recommend their withdrawal or cancellation.
Interim relief:
d) Pending hearing and final disposal of this application, for an order directing the Respondents not to commence any development works within the Bhagwan Mahaveer Wildlife Sanctuary and National Park, Goa and the notified 1 km ESA from the boundaries of both till further orders.