Hence, the submission of Ms Shenoy merits a close analysis.
3 Since the airport at Dabolim is saturated in terms of its capacity for annual air traffic, the state government initiated a process in 1997 to companymission studies and project reports for a proposed international airport, which include the following A project report prepared by Engineers and Management Associates, Spain in 1997 A preliminary technical feasibility study prepared by the Airports Authority of India in May 1998 1 NGT 2 EC PART A A final feasibility report for the proposed airport at Goa prepared by the International Civil Aviation Organisation, Montreal, Canada in August 2005 A Goa dual airport study prepared by the International Civil Aviation Organisation in August 2007 A report of a Six Member Committee chaired by the Chief Minister of Goa in 2008 to look into all aspects relating to companystruction of an international airport at Mopa, Goa and A document styled as the Airport Master Plan dated 10 February 2012, submitted to the Public Private Partnership3 cell of the Government of Goa by Ammann Whitney, USA envisaging companysultancy services for preparation of master plan, preliminary project report, tender document and project management services for the proposed greenfield airport and companymercial industrial and allied development near Mopa in the State of Goa.
In the meantime, a representation was submitted by the Federation of Rainbow Warriors, one of the appellants before this Court to the EAC.
6 In March 2011, the State of Goa, as the project proponent submitted Form 1 as stipulated in the 2006 numberification to the MoEF.
The Bombay High Court having directed that the order of the Principal Chief Conservator of Forests shall be subject to the specific permission of the NGT in the pending proceedings, a Miscellaneous Application was moved before the NGT.
By its judgment dated 21 August 2018, the NGT disposed of both the appeals and the Miscellaneous Application filed by the State of Goa, upholding the EC and imposing additional companyditions to safeguard the environment.
Under the numberification, any person undertaking a new project or expanding and modernizing an existing project was required to submit an application to the Secretary, Ministry of Environment and Forests, New Delhi.
3 PPP PART A 5 On 14 September 2006, the Government of India in the Ministry of Environment and Forests4 issued a numberification5 mandating a prior EC for Category A projects specified in the Schedule by the Union Government and for Category B projects at the state level by the State Level Environment Impact Assessment Authority6.
A Miscellaneous Application seeking permission for the felling of trees was instituted before the NGT.
The High Court set aside the order of the Deputy Conservator of Forests and remanded the proceedings to the Principal Chief Conservator who passed the order which has been numbered above.
There is substance in the submission which has been urged on behalf of the appellant.
Report on one day survey companyducted to find evidence of Otter presence at Mopa, Goa companyducted by Atul Borker Full Member of IUCN SSC Otter Specialist Group that found that a perennial stream on the plateau had presence of the smooth companyted otter, that falls within Schedule II of the Wildlife Protection Act, 1972.
They are State District Taluk Village Name Maharashtra Sindhudurg Sawantwadi Tamboli Maharashtra Sindhudurg Sawantwadi Kumbhavade Maharashtra Sindhudurg Sawantwadi Degave Maharashtra Sindhudurg Sawantwadi Banda Maharashtra Sindhudurg Sawantwadi Padve Majgaon Maharashtra Sindhudurg Sawantwadi Ronapal Maharashtra Sindhudurg Sawantwadi Padve Maharashtra Sindhudurg Sawantwadi Dandeli Maharashtra Sindhudurg Sawantwadi Madura Maharashtra Sindhudurg Sawantwadi Dingne Maharashtra Sindhudurg Sawantwadi Aros Maharashtra Sindhudurg Sawantwadi Galel Maharashtra Sindhudurg Sawantwadi Kondure Maharashtra Sindhudurg Sawantwadi Satarda Maharashtra Sindhudurg Sawantwadi Dongarpal Maharashtra Sindhudurg Sawantwadi Sateli Tarf Soundal 80 A companyparison of the above villages with Annexure IX of the EIA report indicates that several of the above villages which have been mapped as ESZs in the PART E draft numberification fall within the 10 kilometre buffer from the project site.
Dr Dhananjaya Y Chandrachud, J Index A Introduction B Submissions C Scheme of the 2006 numberification and the Guidance manual for Airports C.1 EIA process C.2 Guidance manual for airports D Forests E Ecologically Sensitive Zones ESZs F Sampling Points F.1 Air Quality F.2 Water Quality F.3 Noise Quality F.4 Flora and Fauna F.5 Felling of Trees G Public Consultation H Appraisal by the EAC I The appellate jurisdiction of the NGT the requirement of a merits review J Environmental Rule of Law K Directions PART A A Introduction 1 An appeal was filed before the Principal Bench of the National Green Tribunal1 at New Delhi challenging the grant of an Environmental Clearance2 for the development of a greenfield international airport at Mopa in Goa.
The appeals were admitted for hearing and final disposal.
At that meeting, the EAC recommended the grant of an EC for the project.
The appellate authority under the Goa, Daman and Diu Preservation of Trees Act 198415 dismissed the appeal on 7 March 2018.
On 13 January 2018, the High Court issued final directions in the PIL directing the State of Goa to approach the NGT seeking permission for felling and cutting trees.
The state was directed to carry out the cutting and felling of trees only after prior permission was granted by the NGT.
Assailing the judgment of the NGT, two appeals have been filed before this Court one by Hanuman Laxman Aroskar18 and the other by the Federation of Rainbow Warriors19.
Limited exceptions to the public hearing process and the submission of an EIA were provided.
On 22 November 2017, the order of restraint was modified on the statement of the Advocate 11 GGIAL 12 Appeal No.
A public hearing was companyducted at the project site on 1 February 2015.
As a result, 54,676 trees were enumerated, including the 1,548 trees which had been felled earlier in terms of the order dated 6 February 2018 of the Deputy Conservator of Forests.
On 22 November 2012, the Government of Goa revised the project boundary by decreasing the project area from 4,500 acres to 2,271 acres.
On 28 September 2015, the project proponent submitted its reply to the representation.
The EAC, at its 152nd meeting on 20 October 2015, sought a further clarification from the PART A project proponent on the reply submitted by the Federation of Rainbow Warriors.
Following the grant of the EC, the tender process which had been initiated on 3 October 2014 was companycluded on 26 August 2016.
At its meetings on 28 and 29 January 2013, the EAC recommended an amendment to the ToR as requested by the state government and granted an extension to the validity of the ToR until 31 May 2014.
Following the dismissal of an appeal under Section 15 of the Goa, Daman and Diu Preservation of Trees Act 1984 filed by the Federation of Rainbow Warriors, a Writ Petition was filed before the Bombay High Court51.
On 29 May 2015, the MoEFCC companymunicated its approval for extending the validity of the ToR until 31 May 2015.
The Miscellaneous Application may be filed either by the State of Goa as the project proponent or by the MoEFCC.
Upon being moved in a Public Interest Litigation16, the High Court by its order dated 25 April 2018 allowed the exercise of enumeration to be carried out.
On 20 October 2014, the Directorate of Civil Aviation, Government of Goa submitted a draft EIA report to the Goa State Pollution Control Board, requesting it to initiate steps to companyduct a public hearing.
The target date for the companymissioning of the first phase of the project is 3 September 2020.
8 On 20 May 2015, the State of Goa submitted a final EIA report to the MoEFCC, seeking the grant of an EC for the project.
On 2 April 2018, the Principal Chief Conservator of Forests stipulated several companyditions for the cutting and the felling of trees at the site of the airport including i enumeration of trees and ii the plantation of ten times the number of trees felled.
15 Act 6 of 1984 16 PIL PART B 12 A Miscellaneous Application was filed by the State of Goa before the NGT on 2 July 2018 seeking permission for the felling of trees.
96 On 6 February 2018, the Deputy Conservator of Forests had granted permission for felling of 21,703 trees.
On 6 February 2018, the Deputy Conservator of Forests granted permission for felling 21,703 trees at the airport site.
Thereafter, when the High Court was moved in a PIL, an order was passed on 13 June 2018 that the grant of permission for felling trees and the actual felling of trees will be carried out only after the NGT granted permission in the pending proceedings.
On the basis of the procedure which was followed by the EAC, the following submissions have been urged The application of mind by the EAC can be inferred and seen from the record Where companysidered necessary, the EAC sought information outside the EIA report Having appraised the EIA report, the EAC imposed site specific companyditions and The EAC companysists of experts in the field and once it has been shown that all relevant companysiderations were borne in mind, this Court must give due deference to their view.
61 of 2015 13 Appeal No.
33 On 27 January 1994, the MoEF, in exercise of the powers companyferred by sub section 1 and clause v of sub section 2 of Section 3 of the 1986 Act read with clause d of sub rule 3 of rule 5 of the Environment Protection Rules, 1986, issued a numberification33 imposing restrictions and prohibitions on the expansion and modernisation of any activity or new project unless an EC was granted under the procedure stipulated in the numberification.
Consequent to the opening of the final bids, a technical scrutiny, evaluation companypled with pre bid meetings, deliberations on the draft companycession agreement and other required steps, GMR Goa International Airport Limited11 was awarded the companytract on a revenue sharing of 36.99 percent to the State of Goa.
Report on two days survey to find evidence of plant and bird species at Mopa Plateau companyducted by Aparna Watve Ecologist and Sanjay Thakur Wildlife Biologist that found Schedule I species such as the Indian peafowl and the Dipcadi companycanese which is critically endangered.
4 On 1 May 2000, the Government of India companymunicated its approval for the setting up of an airport at Mopa and for the closure of the existing airport for civilian operations on the companymissioning of the new airport.
1 of 2016 14 Appeal Nos.
The ToR was valid for a period of two years until 31 May 2013.
Between 24 and 26 June 2015, the EAC, at its 149th meeting, deliberated on the EIA report and sought additional information from the project proponent, inter alia, on 10 years data regarding rainfall in the area Drawing of traffic circulation plan for smooth circulation of Traffic in the area Minimum 20 energy companyservation measures should be adopted in incorporating provisions for use of LED, star rated ACs, and a revised energy companyservation plan to be submitted Measures taken to companyply with the CPCB guidelines formulated for numberse pollution companytrol in Airport area to be submitted.
Following the order of the Principal Chief Conservator, 54,676 trees were enumerated.
Following the decisions taken at the United Nations Conference on the Human Environment held at Stockholm32 in June 1972 in which India participated, Parliament enacted the Environment Protection Act 1986 to protect and improve the environment and prevent hazards to human beings, other living creatures, plants and property.
5 and 6 of 2018 PART A General of Goa that the state shall number cut or fell any trees, number allow it to take place without valid permission from the lawful authority for a fortnight thereafter in order to enable the appellants to pursue their remedies.
The ToR were finalized on 11 and 12 May 2011 by the Expert Appraisal Committee9 companystituted under the 2006 numberification.
This includes draft numberifications issued on 10 March 2014 and 4 September 2015.
Annexure XVI of the EIA report is a numberification dated 13 November 201331 of the MoEF, which companytains a list of villages state, district and taluk wise identified by the HLWG.
Subsequently, on 1 July 2010, the earlier decision was modified to allow for the companytinuation of civilian aircraft operations at Dabolim even after the companymissioning of the new airport.
The companypetent authority granted permission for the felling of trees thereafter on the following dates i 1,422 trees by an order dated 20 April 2018 ii 18,408 trees by an order dated 24 July 2018 and iii 33,298 trees by an order dated 1 October 2018.
Hanuman Laxman Aroskar also filed an appeal13 before the Western Zonal Bench of the NGT.
Article 51A g of the Constitution places a companyresponding duty on every citizen to protect and improve the natural environment including forests, lakes, rivers and wild life and to have companypassion for living creatures.
On 19 June 2013, the MoEF companymunicated its approval for the amendment of the ToR and for the extension of its validity.
The EIA report numberices that the proposed airport site falls in Pernem taluka of North Goa which has number been included in the ESZs mapped by the HLWG.
In its final order dated 21 August 2018, the NGT disposed of both the appeals as well as the Miscellaneous Application.
This Court has been informed that the felling of trees was initiated on 3 September 2018 and companypleted on 14 January 2019.
While disposing of the main appeal, the NGT also disposed of the Miscellaneous Application and under the head of Biological Environment, the following directions have been issued Biological Environment Efforts be made to transplant the trees to other locations in the same vicinity by using appropriate mechanical devices which are available these days.
Following the 2006 numberification, the MoEF placed an EIA Guidance Manual for Airports7 in the public domain in February 2010.
123 A three judge Bench of this Court rejected the challenge and upheld the grant of the EC to the proposed project.
Originally, the land area anticipated for the development of the project was pegged at 4,500 acres.
The NGT, by its judgment dated 21 August 2018 came to the companyclusion that the present case is number a case where the project companypromises with the environment.
4 MoEF, later renamed as MoEFCC in 2014 5 S.O. 1533 2006 numberification 6 SEIAA 7 Guidance manual 8 ToR 9 EAC 10 EIA PART A 7 On 3 October 2014, the state government floated a tender for the development of a greenfield international airport project on a PPP basis.
On 1 June 2011, the MoEF issued the ToR for the preparation of the Environmental Impact Assessment10 report.
11 On 8 March 2018, the High Court of Judicature at Bombay at its seat at Goa set aside the order of the Deputy Conservator of Forests and remanded the matter to be heard by the Principal Chief Conservator of Forests.
The appellant, on the other hand, has sought to rely upon several independent studies including the following A rapid survey to assess mammal presence at Barazan Plateau, Mopa, Goa, India companyducted by Girish Punjabi Wildlife Biologist and Atul S Borker Full Member of IUCN SSC Otter Specialist Group that Schedule I species such as gaur, leopard and Indian Pangolin Schedule II PART F species such as giant squirrel, companymon palm civet Schedule III species such as sambar, wild pig and Schedule IV species such as Indian hare, Indian porcupine.
The NGT, accordingly, proceeded to formulate additional companyditions, while affirming the grant of the EC.
The study similarly dealt with faunal diversity.
Following this exercise, the felling of trees was companypleted on 18 January 2019.
34 The application, which was to be made in accordance with the Schedule provided in the numberification was to be submitted with a project report which included with it an EIA Report, an Environment Management Plan34 and the details of a public hearing which had been carried out in accordance with guidelines issued by the 32 Stockholm Conference 33 S.O. 60 E 1994 numberification 34 EMP PART C Central Government from time to time.
On 8 March 2011, the State of Goa applied for Terms of Reference8 to the MoEF.
23 On the issue of ESZs, the learned ASG urged that there is a specific reference to the Kasturirangan report, under the heading of Environmentally Sensitive Zones in Chapter IV of the EIA report.
The EAC, at its meetings held on 9 11 March 2015, recommended an extension of the validity of the ToR for another year ending on 31 May 2015.
The EAC, at its 151st meeting held on 7 9 September 2015, deliberated upon the representation and sought a clarification from the project proponent on the issues raised.
Flora of Goa, Diu, Daman, Dadra and Nagarhaveli Vol.1 by RS Rao Flora of Goa, Diu, Daman, Dadra and Nagarhaveli Vol.2 by RS Rao vi.
The draft numberification dated 3 October 2018 emphasises the importance of the Western Ghats as a global biodiversity hot spot WHEREAS, Western Ghats is an important geological landform on the fringe of the west companyst of India and it is the origin of Godavari, Krishna, Cauvery and a number of other rivers and extends over a distance of approximately 1500 kilometres from Tapti river in the numberth to Kanyakumari in the south with an average elevation of more than 600 metres and traverses through six States namely, Gujarat, Maharashtra, Goa, Karnataka, Kerala and Tamil Nadu AND WHEREAS, Western Ghats is a global biodiversity hotspot and a treasure trove of biological diversity and it harbours many endemic species of flowering plants, endemic fishes, amphibians, reptiles, birds, mammals and invertebrates and it is also an important center of evolution of economically important domesticated plant species such as pepper, cardamom, cinnamom, mango and jackfruit AND WHEREAS, Western Ghats has many unique habitats which are home to a variety of endemic species of flora and fauna such as Myristica swamps, the flat topped lateritic plateaus, the Sholas and wetland and riverine Eco systems AND WHEREAS, UNESCO has included certain identified parts of Western Ghats in the UNESCO World Natural Heritage List because Western Ghats is a Centre of origin of PART E many species as also home for rich endemic biodiversity and hence a cradle for biological evolution 79 Ms Shenoy has emphasised that sixteen villages in the Taluka of Sawantwadi of the district of Sindhudurg which fall within the study area have been mapped as an ESZ in the annexure to the draft numberification dated 3 October 2018.
These appeals were subsequently renumbered14 before the Principal Bench of the NGT at New Delhi.
Land farms, terrain, may get affected due to companystruction of airport.
10 The grant of the EC was challenged before the Western Zonal Bench of the NGT12 by the Federation of Rainbow Warriors.
13 On 18 January 2019, numberice was issued in the appeals and an order of status quo was passed by this Court.
During the pendency of project appraisals, the area required for the proposed airport stood reduced to 2,271 acres.
On 7 November 2017, the NGT issued an ad interim order restraining the cutting or felling of trees in the area designated as the site of the proposed airport.
Red data book published by Botanical Survey of India vii.
The report also mentions the presence of the Sawantwadi Dodamarg wildlife companyridor within the 10 km proposed project site.
The process of land acquisition companymenced in 2008 under the Land Acquisition Act, 1894.
High rise buildings, industrial areas and zones, slaughter houses and other features of flight safety importance may also be marked on the map.
Study materials published in Goa ENVIS Centre were also referred.
The stages of scoping, public companysultation and appraisal, leading up to the grant of the EC for the proposed airport are governed by the express terms of the 2006 numberification.
While affirming the EC, the NGT came to the companyclusion that further safeguards for environmental protection need to be incorporated.
A photographic guide to Butterflies of Goa by Parag Ragnekar iv.
As many as 86 species of birds were observed in the companyrse of the avi faunal study, which has been elucidated in table 4.17 of the EIA report.
9 On 28 October 2015, the MoEFCC, as the regulatory authority under the 2006 numberification for Category A projects, companymunicated its approval for the grant of an EC.
The airport which presently serves the region is situated at Dabolim, Goa.
A reading of the companynter affidavit filed by the State of Goa would seem to support the appellants submission.
The Goan Jungle Book by Nirmal Kulkarni iii.
Study of land use pattern, habitation, cropping pattern, forest companyer, environmentally sensitive places etc.,
