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.
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.
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