NGT disposes of plea over ‘bridge’ work at Cumbarjua

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‘NoC withdrawn, stop-work order issued’

Panaji: The National Green Tribunal (NGT) has finally disposed of a petition that was filed by villagers of Jua against Goa State Infrastructure Development Corporation Ltd. alleging illegal construction work on a bridge from Chunem Kantor at Cumbarjua to Vantso at St. Estevem in no development zone within 100 metres of the high tide line (HTL) of

river Cumbarjua.

Estevam Ribeiro, Evaristo Rodrigues, and Viona Afonso, the petitioners, had submitted a petition to the tribunal asking for a directive to revoke the NoC of Captain of Ports granted to the GSIDC for the construction of the bridge as well as a directive to the GCZMA, the Captain of Ports, and the director of panchayats to take appropriate action to stop unauthorised construction.

During a hearing last week, the NGT’s western zone, led by Justice Dinesh Kumar Singh and an expert member, Dr. Vijay Kulkarni, determined that the applicants’ prayer had already been met because the respondent CoP had withdrawn the NoC and the respondent GCZMA had issued a stop-work order.

At a recent hearing, the GCZMA’s legal representative told the NGT that the hearing process had ended and a decision would be taken in three weeks.

“We find that this application has become infructuous. If the applicant has any grievance from the decision taken by the respondent (GCZMA), they can approach us under appropriate provisions of the National Green Tribunal Act, 2010,” the order reads.

The Captain of Ports had granted the GSIDC a temporary NoC dated June 7, 2019 for the construction of a footbridge for local farmers to cross the river stream for field cultivation, with the caveat that the project proponent would not carry out any construction or piling work or erect any concrete piles in the creek.

Unexpectedly, the GSIDC’s chosen contractor, M/S. K. V. J. Builders & Developers Pvt. Ltd., built eight piles that were 30 metres deep and a cement platform on the banks of the Cumbarjua river, which compelled the Captain of Ports to revoke the NoC on July 15, 2022. In a reply affidavit dated January 27, 2023, GCZMA stated that after receiving the complaint, their officials conducted an inspection on March 3, 2022, and discovered that the work was carried out without prior permission from the authority and in complete violation of the CRZ notification, 2011 by reclaiming low-lying areas, destroying mangroves, and disrupting the natural habitat of crocodiles.

After reviewing the inspection report, the authority issued a stop-work order and a show-cause notice to the GSIDC on April 27, 2022, asking for an explanation of why the structures’ demolition be not mandated.

In addition, it is stated in an affidavit that GSIDC was given instructions to conduct a study on the potential effects of the proposed bridge on the ecology of the river and the khazan as well as to recommend mitigating actions and socio-economic advantages for the farmers from the bridge. As a result, on October 22, 2022, the GSIDC submitted an EIA report to the GCZMA, which is currently being taken into account.