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Judgment
This Appeal has been filed challenging the NOC/ Permission granted by Goa Coastal Zone Management Authority (GCZMA) on 25.01.2018 for proposed construction of 15 MLD STP in the property bearing Sy. No. 119/0 at Bandora Village. The Appellant has submitted that the permission was granted by GCZMA without any application of mind regarding the environmental impacts of the project and in violation of EIA notification, 2006. It has been alleged that this STP project is in complete violation of the CRZ notification, 2011 as 10,000 sq. mt. of the project area falls within the backwaters and Mangroves of Zuari River. The Appellant has submitted that under Para 7 (i) of the CRZ notification, mangroves are included under CRZ-I areas and as per Para 3 (v) (c) of CRZ Notification, 2011 there is prohibition on the setting up or expansion of Waste disposal mechanisms within CRZ-I areas.
This STP Project was considered by GCZMA in its 163rd Meeting on 14.11.2017, in accordance with the provisions of the Para 8 and 4 (i) (a) of the CRZ Notification, 2011 as amended, and the GCZMA had after detailed discussion and due deliberation, granted approval with a condition to plant mangroves trees in consultation with the Forest Department. It had also decided that EIA report was not required as the project is in respect of installation of STP to treat domestic sewage of the area.
The NOC/ Permission was, however, subject to compliance of following conditions:-
All the provisions of the CRZ Notification, 2011 as amended should be strictly complied with. In the event of a change in project profile or change in the implementation agency, a fresh reference shall be made to the GCZMA.
This NOC/ Approval is issued without prejudice to any other permission as required under the law including that of ownership, court case etc. As such, prior to the commencement of the aforementioned 'development' work, it will be incumbent upon the applicant to obtain permission for any other authority as required under the law including from the local authority, Town and Country Planning Department, Revenue Authority, Pollution Control Board etc.
Cutting and replanting of the mangroves should be in compliance with the Forest Department recommendation.
The applicant/ occupier should ensure that no waste is discharged into the nearest water body from the proposed construction activities.
This Permission/ NOC shall be valid for the period of 5 years from the date of issue.
This permission is liable to be revoked, if it is found, at any stage, that the application contained falls information, wrong plans/ calculations/ documents/ misleading or false information, etc. or account of violation of aforementioned conditions.
Any Appeal against this CRZ Clearance/ Approval/ Permission/ NOC shall lie with the Hon'ble National Green Tribunal, if preferred, within 30 days as prescribed under Section 16 of National Green Tribunal Act, 2010.
The NOC/ Permission from CRZ point of view is being issued without prejudice to the action initiated under the Environment Protection Act or any Court case / matter pending in the court of law / NGT and it does not mean that the project proponent/ applicant has not violated any environmental laws / CRZ Notification, 1991/ 2011 in the past and whatever decision under Environment Protection Act or of the Hon'ble Court / NGT will be binding on the project proponent / Applicant. Hence this approval / clearance does not give immunity to the project proponent in the case filed against him / her, if any or action initiated under the Environment Protection Act.
Learned AG appearing on behalf of the State has submitted that the proposed STP site is around 1.5 Km from the bank of the river and the site in question is a paddy field. It has been submitted, on behalf of the State that STP construction activity involves cutting of 109 mangroves trees and due permission for cutting of the same has been granted by the Competent Authority i.e. Forest Department with a condition that three times the number of mangroves cut will be planted at appropriate location. Learned AG submitted that present site is the most appropriate site for the project, as any other site would involve cutting of more number of mangrove trees and as such there is no alternate site for the STP project. Besides, he has submitted that the proposed STP would treat only domestic sewage and there is no possibility of any industrial effluent getting mixed up with it as there are no industries located nearby. He has further submitted that if STP is not constructed all the sewage will go untreated into the river and environmental damage, due to such eventuality, will be much higher.
It has further been stated that the STP is designed to take care of the domestic sewage expected to be generated till the year 2040, as at present domestic sewage generated in the area is only about 2.4 MLD and the capacity of the proposed STP is 15 MLD. Moreover, Learned AG has stated that this STP is being constructed in compliance of Hon'ble Supreme Court's Order of 22.02.2017 passed in WP (C) No. 375 of 2012 wherein directions have been issued to set up STPs and make them functional within given time frame.
It has been brought to our notice, that as per CRZ Notification, 2011 area up-to 200 Mt. from HTL on the landward side in case of seafront and along 100 Mt. of tidal influenced water bodies or the width of the creek, whichever is less, is earmarked as "No Development Zone (NDZ)". It has also been submitted that:-
(i) The NDZ shall not be applicable in such area falling within any notified port limits;
(ii) No construction shall be permitted within NDZ except for repairs or reconstruction of existing authorized structure not exceeding existing Floor Space Index, existing plinth area and existing density and for permissible activities under the notification including facility essentialforactivities;Construction/ reconstruction of dwelling units of traditional coastal communities including fisherfolk may be permitted between 100 and 200 metres from the HTL along seafront in accordance with a comprehensive plan prepared by the State Government or the Union territory in consultation with the traditional coastal 11 communities including fisherfolk and incorporating the necessary disaster management provision, sanitation and recommended by the Concerned State or the Union Territory CZMA to NCZMA for approval by MoEF;
(iii) However, the following activities may be permitted in NDZ-
(a) Agriculture, horticulture, gardens, pasture, parks, play field, and forestry;
(b) Projects relating to Department of Atomic Energy;
(c) Mining of rare minerals;
(d) Salt manufacture from seawater;
(e) Facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-II;
(f) Facility for regasification of liquefied natural gas subject to conditions as mentioned in subparagraph (ii) of paragraph 3;
(g) Facility for generating power by non-conventional energy sources;
(h) Foreshore facilities for desalination plants and associated facilities;
(i) Whether radars;
(j) Construction of dispensaries, schools, public rain shelter, community toilets, bridges, roads, provision of facilities for water supply, drainage, sewerage, crematoria, cemeteries and electric sub- station which are required for the local inhabitants may be permitted on a case to case basis by CZMA;
(k) Construction of units or auxiliary thereto for domestic sewage, treatment and disposal with the prior approval of the concerned Pollution Control Board or Committee;
(l) Facility required for local fishing communities such as fish drying yards, auction halls, net mending yards, traditional boat building yards, ice plant, ice crushing units, fish curing facilities and the like;
(m) Development of Green field airport already permitted only at Navi Mumbai.
In Appeal No. 66 & 67 of 2015 and 44 & 45 of 2016, Southern Zonal Bench of this Tribunal vide its order dated 24.04.2017, in the matter of Corporation of Coimbatore Vs. TNPCB & Ors, had held that when Industrial effluents are allowed to mix up with domestic sewage a simple STP may not be enough but it would require CETP, which requires EC.
In facts and circumstances stated above, we are of the considered opinion that as the proposed site is the paddy field though bearing some trees of mangrove species situated at a distance of 1.5 Km. from the bank of the river, it does not fall within NDZ and not covered by CRZ -I regulations. Moreover, it is as an admitted fact that the site in question is more than 30 Km. from the sea coast. It is also a fact that this STP is for treatment of domestic sewage only and there is absolutely no possibility of any trade or industrial effluents getting mixed up with it. It is also admitted position that if STP is not constructed, the domestic sewage will flow into the streams and the river, untreated which will pollute the water, which would be far more detrimental to the environment. It is further to be noted that there is a permission of the Competent Authority to cut the mangrove trees with a condition to plant three times, the number of trees cut.
We, therefore, hold that all the concerns of the appellant has been considered and addressed by the GCZMA while giving NOC/ Permission for the proposed 15 MLD STP project and accordingly we dismiss this appeal. The MA No. 219 of 2018 also stand disposed, with no order as to cost.