The Supreme Court of India has delivered a significant judgement in the Tiracol Bridge Construction Case. The case involved objections raised against the construction of Tiracol Bridge on Querim Beach in Goa. Issues related to CRZ Notification, No Development Zone regulations, and environmental concerns were at the forefront. Stay updated on the latest developments in this case with the Supreme Court’s decision. #SupremeCourt #LegalCase #EnvironmentalLaw
Facts
- The Tribunal referred to the observations made in the report of the NIOT.
- The Original Application was disposed of with the direction for construction of the Bridge to proceed after taking all due precautions as suggested in the NIOT report.
- The First Applicant cannot be held guilty based solely on the basis of a letter without any corroborative evidence.
- The allegations made by the Respondent against the First Applicant lacked credibility and were unsubstantiated.
- The investigation conducted by the Respondent was found to be biased and unprofessional by the NIOT.
- The NIOT report pointed out several discrepancies and irregularities in the investigation carried out by the Respondent.
- The First Applicant’s innocence was emphasized in the NIOT report as there was no concrete evidence to prove his guilt.
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Arguments
- An original application was filed by the appellant before the National Green Tribunal (the Tribunal) objecting to the construction of Tiracol Bridge on Querim Beach in Goa.
- Objections raised included violation of CRZ Notification requiring prior approval of MoEFCC/SEIAA and construction in a No Development Zone (NDZ) without mitigation measures.
- Tribunal issued interim order of status quo and sought a report from the National Institute of Ocean Technology, Chennai (NIOT).
- The learned counsel for the third respondent mentioned the filing of an affidavit by the third respondent to address the objections raised by the appellant.
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Analysis
- Appellant filed objections to the report by NIOT but they were not considered in the first impugned order dated 22 January, 2020.
- The second impugned order dated 17 January, 2022 was based on a misc. application for the recall of the first order.
- The Tribunal should have recalled its first order to allow the Appellant to argue their objections.
- Both the Appellant and the third respondent were not given an opportunity to be heard on the matter.
- The 2010 Act aims to uphold and protect the citizens’ right to a healthy environment, which is part of the right to life under Article 21 of the Constitution of India.
- The Tribunal had the duty to address the issues raised by the appellant on merits
- Failure to give parties an opportunity to make submissions on a report constitutes a breach of natural justice
- The Tribunal’s responsibility was to decide the issues, especially regarding the potential environmental harm from the proposed bridge construction
- The first impugned order did not reference the affidavit submitted by the appellant
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Decision
- Parties directed to appear before Western Zonal Bench of National Green Tribunal at Pune on 9 September, 2024 at 10:30 a.m. without further notice.
- Interim relief granted on 10 July, 2023 to continue till disposal of Original Application by Tribunal.
- Misc. Application for recall filed based on High Court’s order dated 11 March, 2021 in a writ petition.
- Judgment dated 21 September, 2022 in PIL Writ Petition No 4 of 2022 by Full Bench of Bombay High Court states only Western Zonal Bench can hear matters from Goa and Maharashtra.
- Parties permitted to file additional pleadings if desired due to lapse of time.
- Impugned orders quashed and set aside, Original Application No.33/2015 (WZ) restored to its original number at National Green Tribunal, Principal Bench at New Delhi.
- Restored Original Application to be transferred to Western Zonal Bench at Pune for hearing.
- Construction of Tiracol Bridge not commenced due to interim order.
- Registry directed to forward order copy to Registrar of National Green Tribunal, transferring restored Original Application to Western Zonal Bench within three weeks.
- Third respondent and State of Goa can request out of turn priority for hearing restored Original Application after remand order.
- Appeals partly allowed, Original Application to be heard by Western Zonal Bench of Tribunal per Full Bench of Bombay High Court decision.
Case Title: THE GOA FOUNDATION Vs. THE GOA STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (2024 INSC 561)
Case Number: C.A. No.-004384-004385 – 2023
