‘Smart City works: Signs of large-scale dust pollution evident’

Staff Reporter

Panaji

The High Court of Bombay at Goa, making a strong observation of the dust problem faced by Panaji residents due to ongoing Smart City works, said signs of large-scale dust pollution were evident.

Also observing that people have suffered enough, the High Court said the right to life cannot be reduced to a right to merely survive in miserable conditions.

“During the site visit (by judges), signs of large-scale dust pollution were evident. Though some measures appeared to have been adopted since our order dated March 27, it was obvious that such measures were insufficient to wash away the layers of dust settled on the streets and houses in Panaji over the last two years. The streets were dug up, rendering access to houses and safe commuting extremely difficult, if not impossible,” the court said.

“There was no clarity about alternative routes. The safety and well-being of the aged and the sick were perhaps not even considered until recently. Coordination between multiple agencies involved appeared to be a casualty.

The consultants who planned this project and who were perhaps expected to monitor its execution were nowhere at the site. The reasons why this project involving crores of rupees from public funds was made to linger, causing significant suffering to the residents of Panaji, needs to be probed someday,” the court said.

Accordingly, it directed the Imagine Panaji Smart City Development Limited (IPSCDL) to take all possible measures to ensure that the dust pollution is reduced to a minimum.

The High Court said, “We direct the IPSCDL to take all possible measures to see that the dust pollution, which is rampant, is reduced to a minimum. The GSPCB must constantly monitor the situation and, if necessary, issue directions to the IPSCDL from time to time so that the pollution does not exceed the permissible norms. All authorities, including the IPSCDL and the GSPCB, must ensure that there is a minimum inconvenience to the residents, keeping in mind that there are several senior residents in these localities where the works are being carried out.”

 “Now the priority is to complete the works before May 31, the deadline set by the government for the IPSCDL… The people have suffered enough. To expect them to suffer indefinitely strikes at Article 21 of the Constitution, which obliges the State not to deprive any person of their right to life and liberty. This constitutional article obliges the State and its instrumentalities to maintain a pollution-free (which would include dust-free) environment and reasonably good roads for their day-to-day activities. The right to life cannot be reduced to a right to merely survive in miserable conditions,” the High Court said.

Recently, High Court judges, Justice MS Sonak and Justice Valmiki Menezes had visited the Panaji area to take stock of the issues being faced by the people due to the Smart City works. They were accompanied by IPSCDL chief executive officer Sanjit Rodrigues.

During the site visit, some of the residents complained that the agencies were not taking care to rectify the mismatch between road and footpath measures. They complained that due to this mismatch, their houses or shops would be flooded during the rains. The CEO of IPSCDL told the judges that the agencies were aware of these concerns and that necessary steps would be taken to address them.

As regards traffic situation, the High Court said, “We hardly found any signage informing the members of the public about the closed roads and the alternative arrangements made. In our order dated March 27, we had recorded the Advocate General’s statement about inadequate signage and the assurance that the executing departments, that is, PWD, GSUDA, and IPSCDL, would ensure signage is put up within the next three days. This assurance was not sufficiently complied with.”

Accordingly, the High Court directed the executing departments to install signboards on the roads where the works are being undertaken and also signboards indicating alternative routes.

“The State and its agencies must remember that this is not only about the residents of Panaji. The workers’ health and welfare at various sites are equally important. Just because many of them may be migrants, their health and welfare concerns cannot be ignored. The law and our Constitution make no distinction on such a basis. The worker’s blood, toil, sweat and, at times, tears should not be forgotten. Several laws deal with the issues of the health and welfare of the workers. However, regrettably, there is hardly any serious compliance,” the High Court observed.

Meanwhile, Imagine Panaji Smart City Development Ltd. (IPSCDL), reacting to the order, said that it is “committed to collaborating with the Goa State Pollution Control Board and other relevant agencies. We aim to address concerns highlighted during court proceedings, particularly regarding dust pollution in St Inez and surrounding areas. Our priority is completing the project within court-set deadlines while increasing community engagement and ensuring resident welfare and safety”.