Panaji: Holding “At least Prima Facie, approval from the National Council of Wildlife (NBWL) is needed” for integrated projects of this traits “, the Bombay High Court in Goa has held PWD from doing the work proposed from the round.
Kutcha Road to Dudhsagar becomes Pucca In the protected area of ​​the Bhagwan Mahaveer National Park.
However, the court was allowed to improve routine improvements and maintenance to Jalan Kutcha, to be held after the rainy season and before the start of the tourism season.
The bench notes that these works are not routine or maintenance improvements to work in protected areas, but A project that involves an increase in the existing Kutcha road – which can currently be used only in non-monsoon – to the road all the weather, is carried out at a cost of Rs 2.5 Crore per km.
“It is all proposed to be done at a cost of Rs 31 Crore or its surroundings , covering a stretch of about 12 km, “the court was held.” This means that the project involves Peng Equipment around Rs 2.5 Crore per km.
Now, all this can hardly be considered as routine improvements or care work on the existing Kutcha road.
“It argues that the approval of the NBWL is needed in the order of the 2015 Supreme Court in the TN Godavarman Thirumulpad V Union of India.” Even the National Wildlife Action Plans provide that in the case of conflicts between tourism and conservation interests from protected areas (PA), paradigms for decisions That is that tourism is to fit and not vice versa, and that demands.
Tourism must submit to and in consentance with PA conservation interests.
While the income obtained from tourism can help management, the maximization of income must not override the main purpose of tourism, namely, to educate visitors and make them respect nature.
“From the material placed on the note, the court found that” Head of Wildlife Warden (CWW) has not considered whether such a project is needed for PA purposes.
Instead, the material on the record, Prima Facie, indicates that this project is mostly to serve nearly 4.5 lakh tourists who visit the Dudhsagar water falling using the existing Kutcha road.
Therefore, at least Prima Facie, we cannot argue that these are some activities in terms of part 33 (a) of the law, “said the division bench consisting of Sonak Judge and Ms.
Jawalkar.
Advocate General Devidas Pangam proposed that work -Karya was being executed by PWD in terms of express direction / request from the head of Wildlife Warden (CWW), and added that they had approval from the wildlife council.
He added that even recommendations from the permanent committee from NBWL permits such as working in protected areas, and states that these works are needed for effective management purposes from protected areas.
Goa Foundation Counsel Norma Alvares proposes that PWD is carrying out a large project at a cost of more than Rs 30 Crore only to promote tourism, and propose that such project requires approval from NBWL and submit that Mr Santosh, who submitted Affidavit, never .
Appointed legally as CWW, and that if the project work continues, irreversible damage will be caused by protected areas and wild life.
The project involves changing the surface of Kutcha with laterite stings with Murram compacted, and putting the pavers that are interrelated 80mm thick above the cement and 15cm concrete bed.
The project, Inter Alia, involves providing waterways, ramps, parking bays, retaining walls, culverts, collision barriers, and random bricks.
In addition, this project involves providing toilet beams, guard spaces, etc.