GFDO Press Note - February 20th, 2015 GFDO expressed surprise and dismay that the Chairman of the State Pollution Control Board has said “The objections and suggestions raised by the concerned people have also been forwarded to the Ministry. All the proceedings are complete and now it is up to the Ministry to grant the EC to the project”. The GSPCB is not maintained from the public exchequer to merely take on the menial role of “messenger” that passes documents from the public to the MoEF and vice versa. If the GSPCB is being pressurized by anyone, it should come clean. But in any event, if it cannot fulfil its important role and function to protect Goa’s environment, then it should be disbanded.
We quote below Para 109 of CWP No.586 of 2010 Alongwith CWPIL No. 15 of 2009, Judgment reserved on: 21.3.2012, Date of Decision: 04.05.2012 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA, as follows: 109. We also are of the view that certain guidelines need to be issued to ensure that such events do not re-occur in future and accordingly issue the following guidelines: a) The H.P. State Pollution Control Board shall ensure that consent to establish is not granted just for the asking. Even at the time when consent to establish is granted the H.P. State Pollution Control Board, MoEF/EAC shall verify the facts stated in the project report and they shall also indicate to the project proponent what are the para-meters and the laws which the project proponent will have to comply with keeping in view the nature of the project. b) The statement made by the project proponent shall not be accepted without verification. It shall also be made clear that if any statement made by the project proponent is found to be false the permissions granted shall automatically stand cancelled. c) The Pollution Control Board shall ensure that whenever any public hearing is held, the people of the area are well informed about the public hearing and they are also informed about the benefits and the ill effects of the project. The Pollution Control Board must have its own machinery and own scientists who should give an independent opinion on the pros and cons of the project. These shall also be placed on the website of the PCB. d) In future whenever any studies are being carried out by any project proponent while preparing the EIA reports, the study shall be carried out only after notice to the State Pollution Control Board, MoEF/EAC in case the project requires clearance at the central level and also to the inhabitants of the area where such studies are to be carried out and project has to be established. Notice to the public shall be given in the same manner notice of public hearing is given. In light of the above judgement, the GSPCB needs to clarify the following : 1. Did the inhabitants of the Mopa Plateau and the public receive formal notice before the EIA study was carried out in the same manner as notice of public hearing is given as per d) of Para 109 of the above judgement including the 10 kms. radius falling within Maharashtra State and which is demarcated as a wildlife (elephant) corridor? 2. Has the State Pollution Control Board used its own machinery and own scientists to study the EIA Report and has it given an independent opinion on the pros and cons of the project which have been placed on the website of the PCB as per c) of Para 109 of the above judgement? 3. Have the Goa State Pollution Control Board, MoEF/EAC verified the facts stated in the project report and have they indicated to the project proponent (in this case the Goa State government) what are the parameters and the laws which the project proponent will have to comply with keeping in view the nature of the project as laid down in b) of Para 109 of the above judgement? 4. Have the Goa State Pollution Control Board, MoEF/EAC certified that the Mopa plateau is NOT an eco sensitive zone, since it abuts the UNESCO Heritage Site of the Western Ghats which is recognized as one of the world’s eight ‘hottest hotspots’ of biological diversity along with Sri Lanka. As the statutory body appointed to safeguard Goa’s environment, GFDO appeals to the GSPCB to do its duty diligently and make public its expert analysis of the EIA. For GOANS FOR DABOLIM ONLY Fr. Eremito Rebelo Convenor
