The Goa Foundation vs. The Goa State Environment Impact Assessment Authority [July 23, 2024]
Citation: 2024 INSC 573; Civil Appeal Nos. 4384-4385 of 2023; Supreme Court of India
Background and Facts
The Goa Foundation challenged the construction of the Tiracol Bridge on Querim Beach, Goa, before the National Green Tribunal (NGT) under Sections 14 and 15 of the National Green Tribunal Act, 2010. The Foundation argued that the bridge was being constructed in a No Development Zone (NDZ) without prior approval from the Ministry of Environment, Forest and Climate Change (MoEFCC) or the State Environment Impact Assessment Authority (SEIAA), in violation of the Coastal Regulation Zone (CRZ) Notification. Concerns were also raised about the lack of mitigation measures for potential adverse impacts on the environment and local fishing activities.
The NGT initially passed an interim order of status quo and sought a report from the National Institute of Ocean Technology (NIOT), Chennai. The NIOT report recommended that mitigation measures were needed during construction but did not find any inherent illegality in the project. Subsequently, the NGT disposed of the application, allowing the construction to proceed, provided all legal precautions and NIOT’s recommendations were followed.
Supreme Court’s Analysis and Findings
Denial of Opportunity to be Heard:
The Supreme Court found that the NGT had failed to provide the Goa Foundation with an opportunity to argue its objections to the NIOT report. The Tribunal also did not hear the third respondent on the subject. The Court held that the only proper course for the NGT was to recall its earlier order and keep the original application pending for a full hearing on the objections raised by the Foundation.
Right to Healthy Environment:
The Court emphasized that one of the main objectives of the NGT Act, 2010, is to protect the right to a healthy environment, which is part of the right to life under Article 21 of the Constitution. The Tribunal was duty-bound to address the environmental concerns raised by the appellant on their merits, especially when the contention was that the proposed bridge could harm the environment.
Jurisdictional Clarification:
The Supreme Court referred to a Full Bench judgment of the Bombay High Court (Goa Bench), which clarified that only the Western Zonal Bench of the NGT has jurisdiction over matters arising from Goa and Maharashtra. Therefore, after remand, the original application must be heard by the Western Zonal Bench at Pune.
Restoration and Directions:
The Supreme Court quashed the NGT’s orders and restored the original application to the file of the NGT Principal Bench, with directions to transfer it to the Western Zonal Bench at Pune for a fresh hearing. The Court also directed that interim relief granted earlier would continue until the NGT’s final decision. The parties were permitted to file additional pleadings if desired, and the Tribunal was asked to expedite the matter considering the long lapse of time.
Conclusion and Significance
The Supreme Court set aside the NGT’s orders and restored the Goa Foundation’s application for a full hearing, reinforcing the right to be heard in environmental matters.
The judgment underscores the judiciary’s commitment to procedural fairness and the constitutional right to a healthy environment.
The decision clarifies the jurisdiction of NGT benches and ensures that all objections and environmental concerns regarding major infrastructure projects are substantively addressed before proceeding.
In summary: The Supreme Court restored the Goa Foundation’s challenge to the Tiracol Bridge, directing a fresh hearing before the Western Zonal Bench of the NGT, emphasizing the right to a healthy environment and the necessity of fair process in environmental adjudication.
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