Recalculate Rs 39.5cr compensation, NGT tells coastal body
Panaji:
The
(NGT) has asked the Goa Coastal Zone Management Authority (GCZMA) to recalculate the sum of Rs 39.5 crore imposed by it on a violator as environmental compensation. The GCZMA itself agreed that the calculation done by it was erroneous.
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The appellant approached the NGT stating that the GCZMA did not have the Authority to impose such a fine as per provisions of the Environment Protection Act.
The appeal was filed before the NGT seeking quashing of the GCZMA order imposing environmental compensation of Rs 39.5 crore. The appellant told the NGT that as per the Environment (Protection) Act, 1986, the penalty provided in respect of each contravention of the Act 'shall not be less than ten thousand rupees but which may extend to fifteen lakh rupees'.
The NGT was told by the appellant that Section 15(C), provides for the Adjudicating Officer, and said that it is the adjudicating officer who is empowered to determine the penalty and not the GCZMA.
'The next ground set up by the appellant in this appeal is that the formula, which has been relied upon by the GCZMA, has no statutory basis and that the same is not backed by any executive order and hence cannot be applied for imposing penalty under the provisions of Environment (Protection) Act, 1986,' the appellant told the GCZMA.
The appellant said that the filling on the southern side which was to be removed, was completely beyond the no development zone and CRZ, which was only 43m from the High Tide Line. He said that therefore the GCZMA had absolutely no authority to impose any penalty in respect of an area which was beyond the CRZ.
The NGT was told that since central govt itself has taken a decision to appoint adjudicating officer under the Environment Protection Act for arriving at penalty/compensation for violation of the Act, therefore the GCZMA has taken away impliedly the power from the adjudicating officer by calculating the amount of environmental compensation itself.
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The appellant said that, in the computation of the environmental compensation, the entire extent of the subject site, measuring approximately 12,700sqm has been erroneously taken into account, whereas only an area of 3,360sqm falls within the CRZ.
'In view of the admission on the part of GCZMA that there appears to be some error in calculating the area and hence, they are inclined to recalculate the amount of environmental compensation, we are of the opinion that we should allow this appeal and set aside the order dated 18.12.2024 passed by GCZMA and remand the matter to GCZMA to decide afresh within a period of two months, keeping all the contentions of the parties open, and after providing an opportunity of hearing to all the parties concerned,' the NGT said.
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