ENVIRONMENT PROTECTION: WHAT IS THE SITUATION IN GOA?

Profile of the Author: Mudit Saxena is pursuing Integrated BBA+LLb (HONS.) from School of Law, Galgotias University, Greater Noida, and Uttar Pradesh.

“We won’t have a society if we destroy the environment.” - Margaret Mead

INTRODUCTION

Goa is the vacation paradise of India and India’s very own Las Vegas with enriched biodiversity. Goa is the kaleidoscopic conjunction of Indian and Portuguese cultural heritage, sea, sand, food, and spirituality. However, the current situation and scenario of Goa are about to change as India’s very own pocket-sized paradise is about to witness a man-made ecological and catastrophe. The infrastructural projects are about to be built upon the grave of the divergent flora and fauna. Goa is about to suffer a prolonged environmental deterioration which will hamper the lives of the Goan people. This article encompasses the environmental threats that will prevail because of these infrastructural projects. The article also inculcates the environmental concern and the need to protect the environment.

THE GOAN ENVIRONMENTAL THREAT

In 2019, Goa descries colossal protest when six over 200 years old mango trees were uprooted for the sake of expansion of a highway project in Colvale even after the Chief Minister and PWD assured the citizens otherwise. It was in July when a notification came into picture issued by the State Town and Country Planning (TCP) department, which started nearly 400,000 sq. m of orchard land, 49,000 sq m of land classified as natural cover, as well as another 107,000 sq. m of paddy fields and orchards are reported to be diverted for 112 project proposals. During the initiation of 2020, the Supreme Court also cleared the Mopa airport project which sanctioned the felling of 55,000 trees posing a risk to 42 natural springs in the area, besides two wetlands, mangroves, and 10 ecologically sensitive areas notified by the Ministry of Environment, Forests and Climate Change (MoEF&CC). [1]

The case for three infrastructure projects approved by Mollem National Park follows a similar pattern - projects that will convert 250 hectares of forest land for commercial purposes, 170 hectares of which fall into protected areas – were approved by a video conference in April this year. Several members of the Goa Wildlife Advisory Board later in a letter to Wildlife Warden noted the "rapid and unorganized nature of the meeting", and also raised the alarm that projects were proposed by the Department of Forestry, rather than the project facilitator.

PROJECTS IN ULTRA-VIRES OF THE LAW

India's forestry policy, according to the Forest Conservation Act of 1980, aims at "conservation" - the law regulates all deforestation for non-forest purposes - where deforestation permits are obtained under a complex scheme - Project proposals should be evaluated at six different levels of government-investigated officials and Central Boards of Forestry, depending on whether the project is recommended in advance or rejected. Similar procedures authorize the removal of wildlife. These decisions are based on the reports of an Environmental Impact Assessment, which are the first to be criticized for disrupting the proper process.

The first EIA airport Mopa falsely claimed that there are no forests, lakes, mountains, nature reserves, rivers or wildlife and animals within 15 kilometres of the airport area, and later doubled the same (including four rivers, forest reserves) -42, two wetlands, mangroves and 10 ecological areas identified by MoEF & CC). Despite this misrepresentation, the project was removed by the SC clarifying "environmental equality and development" in the Mopa judgment.

In Mollem's case, except that the project "covers the whole area" of UNESCO with the mark of "global diversity", for permits, the mega grid is divided into "useless, low-impact projects", instead of evaluating the project as "increasing". The EIA is full of irregularities - for example, one of the projects - the expansion of the NH4A National Highway from 84 km to 153 km, where deforestation is approved despite 33 hectares of land within Mollem National Park to be diverted. , noted a site report, only 11 hectares were inspected by the forest department.

After many red flags hoisted over human and natural clothing, the MoEF and CC are now seeking "further details" indicating that the GTTPL, SPV gave to Sterlite Power "has not adequately defined" this in the company's request, saying "only 35% of trees are required they have been removed from the listed trees ”. [2] At the expense of the user agency twice the range of the deforested area, in the event of transmission lines or road widening. Otherwise, Section 13 of the project proposal by Mollem, states "Not applicable" in opposition to the requirement - "Copy details of the CA plan details". The process is of great importance but has reduced it to the point of storing rubber stamps ", 10 years ago, since Goa failed to meet any regenerative forestry policies MoEF & CC has stopped allocating funds to Goa under the Chief Forestry Management and Planning Authority[3]. Prabhudesai also notes that in many cases areas removed by the state for CA purposes, while inspected by his team, are found to be "already deforested - including areas on the island of Chorao and Sanguem taluka, some with almost 100% leaves". From these incidents of lawlessness within protected areas, private land has also seen significant damage to trees illegally. Under Goa, Daman, and the Diu Tree Protection Act of 1984 [4] no person may fall, or remove a tree whether it is owned or owned or otherwise, without the prior approval of the designated tree official. Apart from this, the tree cover (referring to small patches of less than 1 ha, including scattered trees) has seen great destruction over the past few years.

In October 2019, in Assagao, a town in North Goa, 47 mature trees were illegally cut down overnight. Many such incidents have been reported in Merces, Siolim, and many other places in North and South Goa. [5] This poses a serious threat, especially since Goa is in a unique position where ownership of the private forest contributes to the green cover, although much of it has not been disclosed. [6]

CONCLUSION

India’s pocket-paradise is in grave imminent danger. The human-made law and administrative mechanism are fragile and easy to break due to the loopholes prevailing in their respective systems. At present, it is the obligation upon the citizens to protect the flora and fauna which in return will protect their own life and the upcoming future generation. It is the time when we as Indians stand together with Goa and protect the kaleidoscopic conjunction of Indian and Portuguese cultural heritage, sea, sand, food, and spirituality. We must alert the Central and the State Government to act prudently whereby the policies are in the way that development and protection of the environment go in harmony.

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REFERENCES

[1] Oishorjyo, Goa destroys green cover to enable infrastructure projects, https://india.mongabay.com/2020/08/goa-destroys-green-cover-to-enable-infrastructure-projects/ (Last Visited 5/11/2020).

[2] Smita Nair, Red flags over forest stretch, power line from Raipur to Goa on pause, https://indianexpress.com/article/india/goa-forest-mollam-power-line-raipur-6538106/ (Last visited 12/11/2020).

[3] Shweta Kamat, Govt finds no land for compulsory afforestation, https://www.heraldgoa.in/Goa/Govt-finds-no-land-for-compulsory-afforestation/125059 (Last Visited 12/10/2020).

[4] The Goa, Daman and Diu Preservation of Trees Act, 1984, http://goaprintingpress.gov.in/uploads/Preservation%20of%20Trees%20Act.pdf (Last Visited 12/11/2020).

[5] Samita Nair, Over 2,600 trees felled in Goa for power project: Law loophole, afforestation delay, https://indianexpress.com/article/india/over-2600-trees-felled-in-goa-for-power-project-law-loophole-afforestation-delay-6553777/ (Last Visited 12/11/2020).

[6] Thousands in South panic over private forests notification; file objections, https://www.heraldgoa.in/Goa/Thousands-in-South-panic-over-private-forests-notification-file-objections/158143 (Last Visited 13/10/2020).