Tribunal threatens to impose penalty of `2 crore if authority fails to complete calculations in 30 days
Panaji: The National Green Tribunal (NGT) has issued a stern warning to the Goa Coastal Zone Management Authority (GCZMA), stating that a penalty of `2 crore will be imposed if the authority fails to complete within 30 days the calculation of environmental compensation for coastal regulation zone (CRZ) violators.
Expressing its dissatisfaction with the GCZMA’s request for additional time to appoint a fresh committee to assess objections raised by violators against previous penalties in 148 violation cases out of a total of 241 cases, the NGT emphasised that failure to complete the task within 30 days will result in the enforcement of the suspended penalty of `2 crore.
The tribunal expects the GCZMA to ensure the collection of the ordered environmental compensation from the violators.
The NGT has also requested clarification regarding objections and previous penalties to be provided to the court.
The next hearing on this matter has been scheduled for August 16, where the NGT’s western zone bench of Justice Dinesh Kumar Singh, and expert member Dr. Vijay Kulkarni will review the progress made by the GCZMA in completing the calculation of environmental compensation.
“We expect that the GCZMA shall complete its task within thirty days, failing which the order, which is kept in suspension of subjecting of GCZMA to penalty of `2 crore, will be brought into force,” the tribunal has warned.
Previously, the NGT had granted the GCZMA a final opportunity to file an affidavit of compliance by January 25, 2023, emphasising that any further delays in assessing, levying, and recovering environmental compensation from CRZ violators would lead to a doubled penalty of `2 crore.
Additionally, the salaries of all officers handling the case would be suspended, and other punitive actions would be taken.
At the recent hearing on May 12, the GCZMA submitted a compliance affidavit, which was served to the applicant – Goa Paryavaran Savrakshan Sangharsh Samittee – for objections to be filed within a week.
According to the affidavit, the GCZMA constituted an expert committee at its 289th meeting held on February 8, 2022 to comply with the NGT’s 2021 order.
The committee conducted a comprehensive meta-analysis, combining the results of various scientific studies from coastal regions in the Indian subcontinent and globally for similar ecosystem types.
Based on their analysis, the committee has determined an “environmental compensation amount of `2,59,06,173.91 per hectare (ha) per year or `2,590 per sq m per year for violation cases”.
The committee also plans to calculate fines by assessing the damaged area using satellite imagery and conducting field verifications on a case-by-case basis.
The minutes of the meeting held on January 16, 2023 revealed that the GCZMA had 241 cases related to environmental compensation. However, the committee only submitted a partial report for 93 cases, with 50 cases in the North Goa district and 43 cases in the South Goa district.
The GCZMA issued directions under Section 5 of the Environment (Protection) Act, instructing violators to deposit the specified amount by January 31, 2023.
Objections were filed by violators in 27 matters, claiming that previous penalties paid to the authority exempted them from the present compensation.
In response, the GCZMA decided to issue a clarification regarding the penalty amount to be recovered. For the remaining 19 matters, the authority is in the process of recovering the compensation.
Similar decisions were made by the GCZMA for 43 cases in the South Goa district. Since the committee could not complete the exercise for all 241 cases within its term, the GCZMA decided in its recent meeting held on May 11 to form a fresh committee.
The new committee will assess and calculate the environmental compensation for the remaining 148 cases within 30 days. Subsequently, directions will be issued for the recovery of compensation under Section 5 of the Environment (Protection) Act.
The NGT has sought clarification from the GCZMA’s counsel regarding the 30-day timeframe, emphasising that it should be utilised to calculate and impose the environmental compensation on the 148 violators.
The court expressed concerns over the ambiguity surrounding objections raised by violators against previous penalties and requested clarification on this matter before the next hearing on August 16.