PANJIM: The Bombay High Court at Goa on Friday issued notices to the Central and State Government on the approvals granted to three infrastructure projects passing through the protected areas of Bhagwan Mahaveer Wildlife Sanctuary and Mollem National Park. The notices are returnable by July 24.
A division bench of the Bombay High Court comprising Justice M.S. Sonak and Justice M.S. Jawalkar issued notice today on a 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 3 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.
Notices were issued to Chief Wildlife Warden, The Goa State Wildlife Board, and State of Goa. National Board for Wildlife, Ministry of Environment & Climate Change, Ministry of Environment, Forests& Climate Change (MOEF&CC), National Tiger Conservation Authority, Ministry of Road Transport and Highways, Ministry of Power, Ministry of Railways, Public Works Department, M/s Goa Tamnar Project Pvt Ltd, M/s Rail Vikas Nigam Ltd, The Standing Committee, National Board of Wildlife, Ministry of Environment & Climate Change
These 3 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.
Meanwhile, the Court adjourned the matter till July 24 for consideration of plea for interim relief on all three projects.