Goa River Sand Protectors’ Network Appeal Succeeds
The state government today informed the NGT that it was recalling all its environment clearances granted by the SEIAA for extraction of sand in Goa’s rivers. The government informed the NGT that it would undertake the District Survey Report (DSR) as required under the sustainable sand mining guidelines and only thereafter apply for fresh ECs.
The NGT, after recording the statements of the Advocate General, thereafter disposed of the appeal (No.38/2021) filed by the Goa River Sand Protectors’ Network against the State Environment Impact Assessment Authority’s (SEIAA) ECs for sand mining in various zones of the state.
The Goa River Sand Protectors’ Network is an organisation of individuals that have consistently filed complaints against illegal sand mining in their villages. The Network is hosted by the Goa Foundation, but does not belong to it. The members of the organisation and the GF, being deeply concerned about the erosion of river banks and destruction of the riverine ecology from the illegal sand mining activities, decided to simply join hands to bring the activity to a complete halt.
The appeal filed by the Network challenged the four Environment Clearances, all dated 12-10-2021, issued by the GSEIAA for sand mining to the District Collector (North Goa) for four stretches along the River Chapora. Based on the ECs, the Collector was empowered to sublet leases to individuals for sand mining.
The appeal was filed on 17-11-2021.
During the pendency of the appeal, the State had given an undertaking to the NGT that no permits for sand extraction would be granted till the matter was disposed of. This position has been maintained for the past three years.
The main challenges in the Appeal are two-fold:
One, that a District Survey Report (DSR) was not prepared by the State Government which is mandatory under the EIA Notification, as the DSR must form the basis for an application for an EC for sand mining. The NGT has unequivocally reinforced this aspect of the law in several judgments and further stated that there can be no exceptions to the rule.
The second ground for challenge was that the estuarine area of the River Chapora is highly sensitive especially as it is one of the prime grounds for breeding of turtles, apart from sand dunes and mangroves in the vicinity.
Today, 12th August, when the matter came up for hearing, the Advocate General made a statement that the Goa Government has decided not to pursue the four ECs that were issued in 2021 as they were issued without the DSR. Instead the Government is now preparing a DSR as required by law and fresh applications for ECs will be made thereafter.
In view of this statement, the Hon’ble NGT disposed of the appeal by recording that the ECs have become infructuous as they will no longer be given effect to.
Senior Advocate Norma Alvares, assisted by Adv. Om D’Costa appeared for the Network.
Claude Alvares
The Goa Foundation