Saturday 27 Apr 2024

Parsekar wanted NGT circuit bench in Goa

CITED serious prejudice, HARDSHIPS IN PUNE; Parrikar rooted for Delhi: mOef&cc AFFIDAVIT

| SEPTEMBER 10, 2017, 03:46 AM IST

 

the goan I network
PANAJI
Both previous chief minister Laxmikant Parsekar as well as present Chief Minister Manohar Parrikar had written to the Centre to reassign the NGT's jurisdiction from Pune, the Ministry of Environment, Forests and Climate Change has said in an affidavit before the Bombay High Court at Goa.
The affidavit has revealed that while Parsekar suggested that a circuit bench of the NGT be established at Goa, Parrikar wrote directly asking that Goa's cases be shifted to Delhi as Delhi was more convenient than Pune.
The decision, was finally taken, the MoEF&CC said was because the Chief Minister of the State of Goa represents the views and opinions of the public.
"In the month of November 2015 a request was received from the Chief Minister of the State of Goa requesting that the jurisdiction of the NGT in respect to the state of Goa be shifted from Pune and a bench of the NGT be established at Goa," the affidavit reads.
The request was made on grounds that territorial jurisdiction of the State of Goa being at the Western Zone bench at Pune has created "several difficulties, hardship and serious prejudice as the same was distant, inconvenient and a serious prejudice to the interest of the State of Goa and the State Government."
"Thereafter the matter was examined by the ministry in consultation with the chairperson of the NGT and it was the NGT who suggested that the NGT could either transfer all the cases pending before the Western Zone bench at Pune to the principal bench at New Delhi and deal in accordance with law or in the alternative a circuit bench of the NGT could be established in order to give instant relief to the people of the state of Goa as this would help in providing environmental justice to the people of Goa at their doorstep as well as prove quite economical for the state of Goa," the affidavit reads.
"The matter was discussed with the minister by the additional secretary and it was suggested that a circuit bench at Goa may be a better option. Further the Chief Secretary of Goa informed on December 21, 2015 that a circuit bench could be set up at Goa subject to the availability of suitable space, accommodation, etc.
The Chief Secretary on January 24, 2016 told the MoEF&CC that the government of Goa appreciated the consideration of establishing a circuit bench of the NGT at Goa and requested that specific terms regarding the logistics to be arranged along with the financial implications, if any be conveyed to the State govt for further examination. These were communicated, however, thereafter there was no follow up from either side.
Chief Minister Manohar Parrikar no sooner he took charge, on June 9, 2017 submitted a fresh request requesting to bring the State of Goa under the jurisdiction of the Principal Bench of the NGT at New Delhi the reason being that having to travel to Pune is logistically inconvenient and a serious financial burden for the people of Goa the affidavit has revealed.
In his request, Parrikar explained that Pune and Goa are inconveniently and inefficiently connected as there are limited flights available -- two flights per day in the afternoon and therefore litigants parties and lawyers alike are mandated to travel a day prior to the matter and depart only the day after the matter concludes which he said seriously increases the cost involved.
"The only alternative is to travel to Mumbai and then travel back Goa which is an expensive exercise and in fact an unnecessary additional cost being incurred, Parrikar said in his letter to the MoEF&CC.
"Due to bad flight connectivity between Pune and Goa many litigants parties and lawyers would travel by road to Pune, which is dangerous mode of travel particularly because the route is dangerous given that it involves traversing across the Western Ghat region which is especially precarious during the monsoon season -- essentially for six months a year," the State government reasoned.
"New Delhi is a far better connected with Goa and therefore, litigants, parties, lawyers and officers of the government can easily travel to New Delhi attend the matter and return the very same day. In case of a part heard matter spilling over to the next day reasonable accommodation at concessional rates is proposed to be provided to litigants parties lawyers and officers of the government at Goa Niwas and Goa Sadan in New Delhi, while this facility is not available in Pune and litigants, lawyers and officers of the government are compelled to stay in hotels at a high cost," the State government said.
"The state government has an entire panel of lawyers appointed and available to attend to the matters in New Delhi while it has only one appointed lawyer at Pune," the state government had reasoned.
"The matter was again discussed between the minister MoEF&CC and the Chairperson of the NGT and keeping in view of the fact that the it has been decided to include the State of Goa in the jurisdiction of the Principal Bench of the NGT at New Delhi instead of the Western Bench at Pune," the MoEF& CC said.

 

 


AFFIDAVIT:
IN BLACK & WHITE
Parrikar wrote directly asking for Goa's cases be shifted to Delhi as Delhi was more convenient than Pune
MoEF&CC took decision as Parrikar represents views and opinions of public
Request made on grounds that territorial jurisdiction of Goa being at Western Zone bench at Pune has created several difficulties & hardship
In Nov, 2015 a request was received from CM of Goa seeking to shift jurisdiction of NGT from Pune and a bench of the NGT be established at Goa


PUNE INCONVENIENT
Pune and Goa inconveniently and inefficiently connected with just two flights per day
Litigants, parties and lawyers mandated to travel a day prior and depart only the day after the matter
Travel by road to Pune also dangerous because it involves traversing across the Western Ghat region which is precarious during monsoon
DELHI CONNECTION
Litigants, parties, lawyers and govt officers can easily travel to Delhi for cases and return the same day
In case of a part-heard case spilling over to the next day, reasonable accommodation at concessional rates available at Goa Niwas and Goa Sadan
Goa has an entire panel of lawyers appointed and available to attend to cases in New Delhi

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