HANUMAN LAXMAN AROSKAR Vs. UNION OF INDIA
LAWS(SC)-2019-3-153
SUPREME COURT OF INDIA
Decided on March 29,2019

Hanuman Laxman Aroskar Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

DR DHANANJAYA Y CHANDRACHUD,J - (1.) Index A Introduction B Submissions C Scheme of the 2006 notification and the Guidance manual for Airports C.1 EIA process C.2 Guidance manual for airports D Forests E Ecologically Sensitive Zones (ESZs) F Sampling Points F.1 Air Quality F.2 Water Quality F.3 Noise Quality F.4 Flora and Fauna F.5 Felling of Trees G Public Consultation H Appraisal by the EAC I The appellate jurisdiction of the NGT: the requirement of a merits review J Environmental Rule of Law K Directions A Introduction 1. An appeal was filed before the Principal Bench of the National Green Tribunal1 at New Delhi challenging the grant of an Environmental Clearance2 for the development of a greenfield international airport at Mopa in Goa. The NGT, by its judgment dated 21 August 2018 came to the conclusion that the present case "is not a case where the project compromises with the environment". While affirming the EC, the NGT came to the conclusion that "further safeguards for environmental protection need to be incorporated". The NGT, accordingly, proceeded to formulate additional conditions, while affirming the grant of the EC.
(2.) Village Mopa is situated in North Goa, in close proximity to the inter-state boundary which the state shares with Maharashtra. The site of the proposed airport lies at a distance of 35 kilometres from Panaji, the capital of Goa. The village of Mopa is situated in Pernem taluka. The site for the development of the airport is situated on a tabletop plateau which rises to a height of 150 to 180 meters above mean sea level and is surrounded by steep slopes. The soil is predominantly of a laterite character. The airport which presently serves the region is situated at Dabolim, Goa.
(3.) Since the airport at Dabolim is saturated in terms of its capacity for annual air traffic, the state government initiated a process in 1997 to commission studies and project reports for a proposed international airport, which include the following: (i) A project report prepared by Engineers and Management Associates, Spain in 1997; (ii) A preliminary technical feasibility study prepared by the Airports Authority of India in May 1998; (iii) A final feasibility report for the proposed airport at Goa prepared by the International Civil Aviation Organisation, Montreal, Canada in August 2005; (iv) A Goa dual airport study prepared by the International Civil Aviation Organisation in August 2007; (v) A report of a Six Member Committee chaired by the Chief Minister of Goa in 2008 to "look into all aspects relating to construction of an international airport at Mopa, Goa"; and (vi) A document styled as the "Airport Master Plan" dated 10 February 2012, submitted to the Public Private Partnership3 cell of the Government of Goa by Ammann and Whitney, USA envisaging: "consultancy services for preparation of master plan, preliminary project report, tender document and project management services for the proposed greenfield airport and commercial/industrial and allied development near Mopa in the State of Goa". ;


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