JUDGMENT

1. This Original Application has been moved under Section 18 (1) read with Sections 14 and 20 of the National Green Tribunal Act, 2010 by the Applicants who are local farmers and residents of the Villages of Warkhand (also known as Varconda), Casarvanem and Dhargalim in Pernem Taluka of North Goa District, Goa, alleging that the Respondent No. 1/M/s. Ashoka Buildcon Limited is carrying out construction of the new National Highway without prior Environmental Clearance in violation of the EIA Notification, 2006 on the basis of a contract given to it by the Respondent No. 6/Public Works Department, Government of Goa. The Respondent No. 7/GMR Goa International Airport Limited is the Project Proponent carrying out the construction of the Greenfield Airport for which the new National Highway is being constructed. The Respondent No. 10/Ministry of Road Transport and Highways notified the Highway starting from Dhargalim and terminating at Mopa Airport as New National Highway No. 166 (S) on 23.09.2020 which requires prior Environmental Clearance being covered under Category A under item 7 (f), (i) of the Schedule to the EIA Notification, 2006. The said project is not an extension of an existing Highway, therefore, it is not exempted from taking prior Environmental Clearance (EC) under EIA Notification, 2006. The Environmental Clearance (EC) for Greenfield Airport cannot be considered as Environmental Clearance for the new Highway. The Respondent No. 2/Ministry of Environment, Forest & Climate Change (MoEF&CC) has granted an Environmental Clearance to the Respondent No 3/The Directorate of Civil Aviation, Government of Goa for development of Greenfield International Airport at Mopa, Goa vide letter dated 28.10.2015 and addenda was issued to the Environmental Clearance on 22.02.2018 for change in the name of Project Proponent from Respondent No 3 to Respondent No 10/Ministry of Road Transport and Highways. The Environmental Clearance (EC) dated 28.10.2015 was challenged by aggrieved farmers and environmental activists before this Tribunal and ultimately, the matter went up to the Hon’ble Supreme Court of India from where the EC was upheld after consideration of environmental consequences. The Environmental Clearance granted for the Greenfield Airport does not include the New National Highway because contents of the EIA Report and the plans clearly show that the New National Highway was never a part of the project for which the Environmental Clearance was granted. No Environment Impact Assessment studies were carried out for the impact of the 4-lane approach road and related construction activities on the agriculture, water resources, local communities, wildlife and environment. The EIA Report proposed a four-lane link road, which was not included in the project site. Now, a six-lane New National Highway is being constructed in its place. The 4-lane road was an "approach road from NH-17 to Mopa Airport site". A decision to declare a 4-lane "approach road" to 6-lane National Highway was taken on 23.09.2020 i.e. 5 years after the original Environmental Clearance dated 28.10.2015. In the initial Environmental Clearance, there were two specific conditions imposed which were as follows:-

“(1) The Project Proponent shall ensure availability of adequate land at the junction of the Mopa Airport road and Mumbai Goa NH-17 for traffic circulation/management and to provide for all the traffic interchanges and proposed clover.

(2) The approach and exit roads to the Airport shall be got approved from the NHAI and should be according to IRC norms.”

2. A reference to the approval of the NHAI was for the limited extent that an approach road connecting NH-17 to the Mopa Airport could be constructed but the addenda and revisions to the Environmental Clearance made no mention of the construction of a National Highway. The New National Highway is six-lane in size, having a new alignment, distinct from the alignment of the four-lane road, shown in the EIA