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Pay Rs 95 cr to 1,630 fishermen families: NGT to Port Trust, CIDCO, ONGC

The NGT has ordered the three agencies to pay Rs 50 lakh & bear the restoration cost for environmental damage.

Rapping Jawaharlal Nehru Port Trust (JNPT) for continuing to reclaim land in violation of the Coastal Regulation Zone (CRZ) Notification, the National Green Tribunal (NGT) has ordered the City and Industrial Development Corporation(CIDCO), JNPT and Oil and Natural Gas Corporation Limited (ONGC) to pay Rs 95.19 crore to 1,630 fishermen families affected by JNPT’s project of creating an additional berth at the port in Navi Mumbai.

“The stand of JNPT, is obstinate, complete denial and even though there are various references, yet, non-halting of reclamation work and destruction of mangroves by JNPT, continues reclamation of the land. Thus, JNPT without having regard to degradation of environment within the area, unabatedly attempted to go ahead with the project, is indicative of disregard to mandate of ‘Public Trust Doctrine’,” the order stated.

According to the order, each family is to get Rs 5.84 lakh within three months. In case the amount is not paid within the said period, an interest of 12 per cent per annum will be levied, the order said. The order was passed by Justice V R Kingaonkar and expert member Ajay Deshpande recently.

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The case relates to fishermen who had filed a case in the NGT complaining that with the deepening of the sea for fourth additional berth at port of JNPT, inter-tidal sea water exchanges and flow of the sea water in Nhava creek will be substantially affected.

The project involves extension of 330m terminal, which would cause reclamation of land, including that of creeks and would close entry of the traditional fishermen’s boats in the sea water. Further, they complained that a leaking ONGC pipeline led to their “traditional rights of fishing” being “impaired, diminished and seriously jeopardised”.

Festive offer

The NGT has ordered the three agencies to pay Rs 50 lakh to the Raigad collector as well as bear the restoration cost for environmental damage and to shell out Rs 5 lakh as litigation cost to fishermen.

The NGT also rapped the MoEF and Maharashtra Coastal Zone Management Authority (MCZMA) for being ‘far from expectation’ in enforcing rules in this case. “The role of MoEF and MCZMA is far away from the expectations and mandate cast upon them by the Legislations. Both these agencies have not taken proactive steps for enforcing compliance,” the order read.

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The tribunal has ordered that MCZMA submit the compliance of directions issued to the agencies in two months.

First uploaded on: 06-03-2015 at 19:58 IST
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