SC declines to entertain plea seeking more time for public hearing on CZMP

The Supreme Court Thursday refused to entertain a plea by an NGO seeking an extension of time for the public hearing for preparation of the Coastal Zones Management Plan (CZMP) in the state.

A bench comprising Justices S A Nazeer and Krishna Murari dismissed the plea filed by NGO Goa Foundation.

Senior advocate Sanjay Parikh, appearing for the Goa Foundation, argued that public hearing is slated to commence from Thursday itself but lockdown in the state has been extended till July 12.

In these circumstances, fishermen and villagers can't participate in the public hearing, Parikh said, adding that what purpose would the exercise serve if people do not participate in the proceedings and they are not able to put up their grievances.

Parikh said, "I (villagers) can't go because of restrictions and curfew." The apex court then said, "What curfew? I am very familiar with the area. You go to the NGT and seek an extension of time. It is a five-judge (NGT) bench. We are not inclined. Dismissed." NGT had directed the Goa government on May 31 to issue fresh notice within a week for a public hearing for the preparation of the Coastal Zones Management Plan (CZMP) in the state after noting deficiencies in the process.

The tribunal had said while it is true that there is urgency in the matter of finalization of CZMP which process is pending for the last seven years, at the same time the mandate of a public hearing has to be followed in a letter and spirit.

It had said the reasonable opportunity to all concerned sections should be given to participating in the public hearing and noted that earlier the last-minute change of venue certainly caused prejudice in the conduct of the public hearing.

"We consider it appropriate to direct that further steps may be now taken before finalizing of CZMP, to ensure that the mandate of the public hearing is effectively followed 'Notice may be issued within one week in the prescribed mode, including in newspapers, fixing a date for a public hearing within one month from the date of the notice.

"Two venues with adequate capacity may be specified which may not be changed,' the bench had said.

The green panel had said that modalities of conducting the public hearing may be specified in the notice and written objections may also be allowed to be filed and to be supplemented by the public hearing of specified duration.

'Representations of all sections of affected people may be ensured without rendering the situation unviable. If necessary public hearings may be continued for more than one day but we do not fix any particular number of days. The idea is a reasonable opportunity for all concerned sections.

'This will not affect the other modalities already laid down and followed earlier in terms of the directions of the High Court. Time for completing the process is extended to August 31, 2021, as against January 31, 2021, earlier fixed,' the bench had said.

The tribunal was hearing a plea filed by NGO Goa Foundation against deficiencies in the conduct of public hearing for preparation of Coastal Zones Management Plan (CZMP) in Goa.

The plea had said the public hearing already held was not meaningful and the notice period should have been 60 days as per the Environment (Protection) Rules, 1986. As per the application, the State of Goa first appointed the National Institute of Oceanography (NIO) for preparing the draft CZMP to give effect to the CRZ Notification, 2011.

Later, in March 2016, NCSCM was appointed for the purpose. The draft was prepared in May 2019. Awareness camps were organized in 10 coastal Talukas. There was a large-scale protest against the said draft. This led to a direction to the Panchayats and the Municipal Councils to prepare draft CZMPs for their respective areas.

The State of Goa also initiated action for modification of the definition of High Tide Line (HTL) for which CRZ Notification, 2011 was amended on May 1, 2020. 'In the process, finalization of CZMP was delayed beyond the time prescribed in the earlier orders of this Tribunal. The State of Goa sought an extension of time.

The GCZMA accepted the draft without due consideration and put them in the public domain for inviting objections. Notice for the public hearing was issued in newspapers on January 30, 2021, for March 7, 2021, at Ravindra Bhavan for South Goa and Taleigao community hall for North Goa.

'It was stated in the notice that written objections should be filed within one month time, i.e. by 28th February 2021 and that the public could participate in the public hearing by registering their names before 11 a.m. on the day of the public hearing itself.

"The District Collector issued a fresh notice for public hearing which was published in newspapers on 05.03.2021 but again procedural deficiencies were rendering public hearing a formality. The venue of the public hearing was changed from the Taleigao Community hall in Taleigao to the Kala Academy in Panjim.

"There were other changes in the notice for public hearing including the requirement of prior registration, registration at the venue, reduction of time for the hearing, and fixing the maximum limit of 5 minutes for each participant. The new notice allowed oral presentation without visuals without the facility for virtual participation,' the plea had said.