The Ministry of Works and Transport (MOWT) says it welcomes the decision of the Court of Appeal which on Monday dismissed the case brought by Fisherman and Friends of the Sea (FFSO) challenging the decision of the Environmental Management Authority (EMA) to grant a Certificate of Environmental Clearance (CEC) to the ministry for the construction of the Cumuto to Manzanilla Highway.
In a statement yesterday, the ministry said the court’s decision had cleared the way for the ministry and its agent the National Infrastructure Development Company Limited (Nidco), to proceed with the construction of this highway in an expeditious manner for the benefit of all citizens, particularly, the people of Sangre Grande, Cumuto and Manzanilla.
On Monday, the Court of Appeal dismissed the group’s appeal seeking to overturn the decision of High Court judge Kevin Ramcharan to strike out its lawsuit, in which it was challenging the process used by the EMA to grant the CEC for the project.
In the statement yesterday, the ministry reiterated that construction work on this project never occurred and was never intended to occur on the Aripo Savannas as was being asserted by the FFOS.
“On the contrary, it was always intended to proceed in a manner that would protect this environmentally sensitive area. The ministry is committed to preserving this national treasure and will work closely with the EMA to minimise any adverse effect on the environment during the construction of the highway and to observe all the terms and conditions of the Certificate of Environmental Clearance, the statement said.
In the lawsuit, FFOS was challenging the process used by the EMA for granting the CEC for the first phase of the project between Cumuto and Guaico. The 5 km segment is estimated to cost $400 million.
The organisation claimed that the process was procedurally flawed and failed to consider alternative routes for the project, which would have less impact on the environment and existing communities.
The group also contended that the construction work, which commenced at the start of the year, has already infringed on the Aripo Savannas forest reserve, which was declared an environmentally sensitive area by the EMA in 2007.
Following Monday’s court ruling, the group’s lawyer Anand Ramlogan, SC, made an oral application for an interim injunction pending his client’s application for conditional leave to file a final appeal with the United Kingdom-based Privy Council.