23 July 2024 Civil Appeals >> Civil & Consumer Law   |   Environment Protection >> Environmental Law  

In a significant development of The Goa Foundation v/s The Goa State Environment Impact Assessment Authority & Others regarding the construction of the Tiracol Bridge on Querim Beach in Goa, the Supreme Court has intervened to ensure a fair hearing of the environmental concerns associated with the project. This decision follows earlier proceedings before the National Green Tribunal (NGT) and recent judgments on jurisdictional issues.

The dispute began when the appellant challenged the construction of the Tiracol Bridge, arguing that it violated the Coastal Regulation Zone (CRZ) Notification and the No Development Zone (NDZ) regulations. The appellant also raised concerns about the absence of mitigation measures for the environmental impact. Initially, the NGT issued a status quo order and sought an assessment from the National Institute of Ocean Technology (NIOT) in Chennai.

On January 22, 2020, the NGT issued an order allowing the construction to proceed, subject to compliance with the precautions recommended in the NIOT report. However, the appellant had previously filed objections to this report on March 30, 2016, which were not addressed in the Tribunal's order. Additionally, the Tribunal did not consider an affidavit submitted by the third respondent that responded to the appellant's objections, leading to claims of a breach of natural justice due to the lack of opportunity for all parties to present their arguments on the report.

Following the issuance of the January 22, 2020 order, the appellant filed a miscellaneous application on January 17, 2022, seeking a recall of the order. This application was made based on a direction from the High Court of Bombay (Goa Bench) which had granted the appellant the liberty to seek a review. The Supreme Court reviewed the situation and determined that the Tribunal should have allowed the appellant to argue its objections and consider all parties' submissions before making a final decision.

The Supreme Court highlighted that one of the main objectives of the National Green Tribunal Act, 2010, is to safeguard the right to a healthy environment, which is integral to the right to life under Article 21 of the Indian Constitution. The Tribunal's role is to ensure thorough examination of environmental issues, particularly when serious concerns are raised about the impact of development projects.

In light of a Full Bench decision of the Bombay High Court stating that only the Western Zonal Bench of the NGT has jurisdiction over matters from Goa and Maharashtra, the Supreme Court has ordered the case to be transferred. The Supreme Court quashed the previous orders and restored Original Application No. 33/2015 (WZ) to its original number, directing the Principal Bench of the NGT in New Delhi to transfer the case to the Western Zonal Bench at Pune.

The Supreme Court directed the NGT's Principal Bench to ensure the transfer of the case within three weeks and instructed the parties to appear before the Western Zonal Bench on September 9, 2024. The interim relief granted by the Court on July 10, 2023, which halts the construction, will remain in effect until the NGT resolves the application. The Court also noted that it remains open for the third respondent and the State of Goa to request expedited hearings.

In conclusion, the Supreme Court's decision emphasizes the importance of procedural fairness and adherence to jurisdictional norms in addressing environmental concerns related to development projects. The restored case will now proceed with a full and fair hearing before the appropriate NGT bench, ensuring all parties' voices are heard and considered.

  NATIONAL GREEN TRIBUNAL ACT, 2010