The decision of the
MOEF to shift Goa cases from National Green Tribunal in Pune to Delhi has
rubbed salt into the wounds of green activists in Goa, already exasperated with
several cases they had to file in NGT. The irony is that, though bound to
protect the beauty and environment of the State and the health and livelihood
of its people, both the Central and State Governments themselves shamelessly
are trying to destroy them, sometimes in
league with their associates like Adanis and Jindals.
So unfair and
arbitrary was this decision of placing Goa, a Western State, under Delhi – with
even Gujarat, closer to the national capital, continuing under Pune - that the
Honourable Judges Nutan Sardesai and G. S. Patel, very commendably felt the
need to take suo motu cognizance of this blatantly irrational and mischievous
attempt of the Ministry of Environment and Forests to trouble and deprive
justice to Goa’s selfless and dedicated activists. Justice Patel, who has very
recently joined Goa Bench, is associated with many PILs on environmental issues
and was the recipient of International Fellowship in Environmental Law in
California.
With Goa, the
smallest State, among two other giants, accounting for over 40% of cases under
NGT Pune, it defies logic and common sense –obviously with our Governments
having neither - to target Goa alone. The number of cases decided against the
Government and still pending, is a tribute to Goans’ spiritedness but also a
clear demonstration of how irresponsible the Government is in flouting
environmental rules. However, undaunted by the thrashings it received from NGT,
Pune or rather apprehensive of further setbacks to their autocratic behaviour,
the shameless MOEF has now gone to the point of attempting derailment of
justice and keeping it out of people’s
reach.
Among the many
defeats the Government suffered at NGT Pune are the MOEF Circular dispensing
with public hearing for MPT projects, which brought about the massive
opposition to coal handling, the illegal dredging at Mormugao Harbour pompously
inaugurated by the infamous Nitin Gadkari. The construction of a tower – cum
restaurant in Colva in no development area, the Sernabatim road construction by
cutting a sand dune, the development of Chapora Jetty, the Golf Course at
Tiracol and several other violations of CRZ regulations at various places that
it would be long to enumerate.
The discomfort of BJP
Government with NGTs are on record, as the latter have been a thorn in their
flesh, with several rulings going against the arbitrary and highly suspect
decisions of these Governments, which, true to their national manifesto, had
bluntly assured that “industrial growth would take precedence over environment
protection”.
In New York, Prakash
Jawadekar, then Minister of Environment & Forests, had stated that the
focus of his government, was “lifting India’s masses above poverty through
encouraging economic growth and not protecting environment”. The Environment
Ministry, appointed in 2014 a high level Committee which recommended curtailing
the powers of NGT. Anticipating public outcry, the government chose an indirect
way of diluting NGT powers through the Finance Act 2017. It lowered the qualifications needed for appointment of
Chairperson and members of NGT. Noted environmental lawyer, Ritwick Dutta
commenting on the issue said: “The new qualifications have serious consequences
and huge implications on the quality of leadership as well as independence of
the NGT” adding that qualifications to become an expert or judicial member at
NGT are also diluted, while giving greater bureaucratic control over the selection
procedure. “Once the new rules are implemented, the NGT will be manned by
people who neither are qualified nor possess the experience, training, vision
and outlook to deal with complex environmental problems. In addition to the
above handicap, the members of the NGT will not have the administrative as well
as functional autonomy and will be ‘under’ the control of the very (Union
Environment) Ministry whose decisions they are required to adjudicate upon.
Public confidence is bound to be low on such an Institution,” Dutta stated. The
term of office of a member which is 5 years is reduced to 3 years, despite SC direction
that a five year term is required for members of the Tribunal. Other diluted
provisions relate to salary and allowances of expert and judicial members of
NGT, their removal from office and sanction of leave. These provisions are
“draconian”, another SC lawyer commented.
It may be recalled that Manohar Parrikar had stated in Goa
Assembly that "NGT was stepping out of its
jurisdiction and acting like a high court", that he could not afford to
send his officers to NGT to attend the proceedings and requested the then MOEF,
Jawadekar to streamline the Tribunal’s functioning. While dismissing the
contempt petition filed against the CM, NGT, Pune, had, however passed
strictures, saying: “The respondent should have chosen his words carefully in
public speeches… have acted like a statesman and not as a popular leader since
his position was that of a chief minister — the most important post in the
state. We need not add anything further, so as to put a word of advice in this
context, as we are hopeful that the respondent will take caution in future
before criticizing any other pillar of the democracy," Parrikar had also called the NGT Pune ban on
sand mining a case of “judicial overreach”.
It therefore seems
certain that the highly ridiculous decision of transferring Goa cases to Delhi
NGT was taken if not in connivance, at least with the consent of Goa Government
and Goans irrespective of Party affiliation must take a serious note of this
and join the fight against this gross injustice.
