REDRAFT CZMP – NGT…
* The GCZMA accepted the draft without due consideration and put them in public domain for inviting objections.
* There were procedural deficiencies rendering public hearing a formality
* New notice allowed oral presentation without visuals without facility for virtual participation. On account of pandemic, physical participation was limited to 100 people. In such situation, if participants were more than 100, staggered public hearing should have been held.
* It is further stated that public hearing conducted on 07.03.2021 was deficient as large number of people could not participate. Only 79 persons were allowed in North Goa and 95 persons in South Goa to enter the venue.
* Last minute change is venue certainly caused prejudice in conduct of public hearing.
NGT ORDER…
* Two venues with adequate capacity may be specified which may not be changed.
* The modalities of conducting public hearing may be specified in the notice. Written objections may also be allowed to be filed, to be supplemented by public hearing of specified duration.
* Representations of all sections of affected people may be ensured without rending the situation unviable. If necessary public hearing may be continued for more than one days but we do not fix any particular number of days. Idea is reasonable opportunity to all concerned sections.
* This will not affect the other modalities already laid down and followed earlier in terms of the directions of the High Court.
* Time for completing the process is extended to 31.08.2021 as against 31.1.2021 earlier fixed.
Goemkarponn desk
PANAJI: After a public outcry, the National Green Tribunal on Tuesday asked the State government to hold fresh public hearing for Coastal Zone Management Plan (CZMP) and complete the process by 31/08/2021.
The NGT while passing the order said that the Goa Coastal Zone Management Authority accepted the draft submitted by NCSCM, Chennai without due consideration and put them in public domain for inviting objections.
The Tribunal also said that there were procedural deficiencies rendering public hearing a formality.
*Last minute change is venue certainly caused prejudice in conduct of public hearing,” NGT said.
“New notice allowed oral presentation without visuals without facility for virtual participation. On account of pandemic, physical participation was limited to 100 people. In such situation, if participants were more than 100, staggered public hearing should have been held,” it said.
NGT further stated that public hearing conducted on 07.03.2021 was deficient as large number of people could not participate. Only 79 persons were allowed in North Goa and 95 persons in South Goa to enter the venue.
Disposing the case, teh NGT said GCZMA should select two venues for hearings with adequate capacity may be specified which may not be changed.
“The modalities of conducting public hearing may be specified in the notice. Written objections may also be allowed to be filed, to be supplemented by public hearing of specified duration,” it said.
“Representations of all sections of affected people may be ensured without rending the situation unviable. If necessary public hearing may be continued for more than one days but we do not fix any particular number of days. Idea is reasonable opportunity to all concerned sections,” NGT says.
Also, it says, this will not affect the other modalities already laid down and followed earlier in terms of the directions of the High Court.
“Time for completing the process is extended to 31.08.2021 as against 31.1.2021 earlier fixed,” NGT says.
The NGT noted that there was large scale protest against the earlier draft.
“This led to a direction to the Panchayats and the Municipal Councils to prepare draft CZMPs for their respective areas. The State of Goa also initiated action for modification of definition of High Tide Line (HTL) for which CRZ Notification, 2011 was amended on 01.05.2020,” tribunal observed adding in the process, finalisation of CZMP was delayed beyond the time prescribed in the earlier orders of this Tribunal.
“However, this did not obviate the need to follow due process. The draft CZMPs were submitted by the NCSCM to the Goa Government on 28.01.2021,” it said.
The NGT said the earlier CZMP prepared in 1996 continued in force till 2016.
“New CZMP will be valid for two decades. It is, therefore, to be ensured that there are no errors. 80% population will be affected by the CZMP,” it said.
The application is opposed on behalf of the respondents. They have relied upon the affidavit filed before the High Court on 1.4.2021 in PIL WP Nos.10-11/2021 and orders of the High Court on the subject of modalities of public hearing.
NGT allowed the said affidavit to be treated as reply filed in the present proceedings for decision of the application, to avoid unnecessary procedural delay.
“In substance, the stand of the respondents is that there is no deficiency in public hearing in view of pandemic situation and need for expeditious action. Last minute change of venue became compulsion as it was not known that the venue had been earlier booked by someone else and was not available for the purpose,” the respondents said.
The NGT said that while it is true that there is urgency in the matter of finalization of CZMP which process is pending for the last 7 years, at the same time the 6 salutary mandate of public hearing has to be followed in letter and spirit.
