NGT Mandates Immediate Shutdown of Six Unauthorized Private Jetties in Goa
The National Green Tribunal (NGT) has issued a stern directive to the Goa Coastal Zone Management Authority (GCZMA), ordering the immediate cessation of operations at six unauthorized private jetties until they secure valid permissions. This decisive action comes as the tribunal expressed frustration over delays in enforcing environmental regulations along Goa's coastline.
Financial Penalties Loom for Regulatory Authority
In its order dated January 22, the NGT bench explicitly warned that any further delay in halting operations at these private jetties would leave the tribunal with "no option but to impose financial penalty on the GCZMA". This strong language underscores the tribunal's determination to ensure compliance with coastal protection norms.
Criticism of Goa Authorities' Delayed Actions
The NGT bench castigated Goa authorities for what it described as "dragging their feet" in addressing the unauthorized operations. During proceedings, GCZMA counsel indicated that hearings based on notices issued to private jetty operators were scheduled for February 26, citing the need to reconstitute the GCZMA board whose term expired on December 26.
The tribunal expressed bewilderment at this timeline, stating in its order: "We fail to understand how this may be treated as compliance with our order of November 12, by which we directed the GCZMA to proceed against the above jetties, which were said to be operating without any valid permission. They ought to have been immediately stopped from operating; instead, only show-cause notices were issued, granting them additional time to operate illegally, taking shelter under the necessary procedure of issuing a show-cause notice."
Background of Previous Directives and Non-Compliance
This development follows TOI's November report detailing how the NGT had previously ordered both the GCZMA and the Captain of Ports to seal the private jetties. Additionally, the tribunal had directed a monitoring committee headed by the Chief Conservator of Forests to file an affidavit regarding the matter, but this directive remained unfulfilled.
In response to this non-compliance, the court has now granted an additional seven days to the Chief Conservator of Forests to submit the required response, characterizing this as "by way of last opportunity."
Balancing Due Process with Immediate Action
The NGT order clarified its position on procedural requirements: "We do not deny that the procedure of opportunity of hearing should be adopted, but the first and foremost thing was that their operations ought to have been stopped forthwith. Therefore, we direct the GCZMA to ensure that these jetties are no longer allowed to operate until they obtain valid permission, with immediate effect, failing which we will be left with no option but to impose financial penalty on the GCZMA."
This balanced approach acknowledges the importance of due process while emphasizing the urgency of stopping unauthorized coastal activities that potentially violate environmental regulations.
Implications for Coastal Management in Goa
The tribunal's firm stance highlights several critical aspects of coastal governance:
- Immediate enforcement of environmental regulations takes precedence over administrative delays
- Accountability mechanisms for regulatory authorities through potential financial penalties
- Clear timelines for compliance with judicial directives
- Monitoring requirements to ensure ongoing adherence to coastal protection norms
This case represents a significant test of environmental governance in Goa's coastal areas, with the NGT demonstrating its willingness to use financial penalties as leverage to ensure regulatory compliance.
