AGENDA ITEMS FOR THE 127th MEETING OF THE GOA COASTAL ZONE MANAGEMENT AUTHORITY (GCZMA) TO BE HELD ON 29/04/2016 (FRIDAY) AT 2:30 P.M. IN THE CONFERENCE HALL, 2 ND FLOOR, SECRETARIAT, PORVORIM – GOA.
Item No.1: To confirm the minutes of the 126th Meeting of the GCZMA held on 29/03/2016.
The minutes of the 126th Meeting of the GCZMA held on 29/03/2016 at 2:30 p.m. are enclosed herewith (Annexure ‘I’). The members may kindly give their comments / suggestions, if any and the same may be confirmed.
Item No. 2: To discuss and decide on Court Matters / Directional Matters / Complaints of Violation of the CRZ Notification 1991 / 2011 and Allied / Connected Matters
Case No. 2.1
To discuss and deliberate and reconsider applications dated 14/09/2015 filed by M/s Silpam Trade Associates Pvt. Ltd., in terms of order dated 02/03/2016 passed by Hon’ble High Court of Bombay at Goa in Writ Petition no.278/2016 in the matter of M/s Silpam Trade Associates Pvt. Ltd., v/s State of Goa & Ors.
Brief background of the matter:-
The office of Goa Coastal Zone Management Authority (hereinafter referred to as “the GCZMA”, in short) was earlier in receipt of a complaint letter dated 01/10/2014 & 17/12/2014 from Cavelossim Villagers Forum in respect of erection of illegal structures / toilets, construction of boundary wall, destruction of sand dunes, dumping of red mud and leveling of area within CRZ area without any permission being carried out in property bearing survey no. 109/2 of village Cavelossim, Salcete by Sree Sai Champions Family Trust.
Thereafter, an Application bearing no. 03/2015 was also filed by Cavelossim Villagers Forum before the Hon’ble NGT, Pune interalia aggrieved by project of construction allegedly undertaken by Sree Sai Champions Family Trust having office at H. No.206, Aldeia De Goa, Bambolim, Goa in property bearing Survey no.109/2 of village Cavelossim, Taluka Salcete and alleged inaction on the part of various authorities. The applicant has further alleged that said project is being undertaken by destroying the existing sand dunes, along with illegal red mud filling, construction of wall along sea shore and construction of toilets and several other structures in No Development Zone (NDZ) in blatant violation of CRZ Notification 2011.
The said Sree Sai Champion Family Trust had earlier applied for erection of temporary seasonal structures comprising of wooden cottages in Survey No. 109/2 at Cavelossim Village, Salcete – Goa in terms of the CRZ Notification 2011. Upon receipt of the application the site was inspected by Shri. Ragunath Dhume and Dr. Savita Kerkar, Expert Members (GCZMA), on 22/09/2014 and the same was placed in the 110 th GCZMA meeting held on 26/11/2014 wherein it was decided to approve the proposal for erection of purely temporary seasonal structures ie. wooden cottages (5 nos.) in Sy. No. 109/2 (part) at Cavelossim Village by imposing various conditions/environment protection measures in terms of the CRZ Notification 2011. The Page 1 of 45 authority had granted provisional NOC dated 23/01/2014 bearing ref no. GCZMA/S/14- 15/18/1729 issued by GCZMA to M/s Sree Sai Champion Family Trust subject to compliance of conditions stipulated therein.
Subsequent to the receipt of the complaints, the site under reference was inspected on 30/04/2015 by Member Secretary along with the Expert members of the GCZMA, Dr. Antonio Mascarenhas and Shri. Raugunath Dhume.
Accordingly a site inspection report dated 30//04/2015 was submitted by said team of officials of GCZMA. The said site inspection report dated 30/04/2015 interalia besides general observations has also recorded specific observations which are indicated herein below:-
a. A laterite retaining / sea wall is built along the crest of the pioneer sand dune, parallel to the shoreline; the wall is about 1 metre in height; GE images reveal that the stone wall was built around the year 2010. b. Along the raised wall mud is filled so as to create a sort of a flat platform; wooden flooring adorns this leveled strip; chairs were noted on it. c. On the northern side a reception/ lounge is located. d. Towards the southern part, a restaurant with chairs and tables on wooden floor was noted. e. A pathway of natural stone (kaddapah) slabs was observed from the entry gate up to the restaurant. f. A raised wooden stage with a swimming pool was noted; beneath this structure, a water pump appears to have been fixed; this pump station is covered with wooden strips and is therefore barely visible. g. Four caravans were parked in a corner of the property along the roadside. h. Exotic grass with coconut trees marks the property. i. On the other (river) side of the road, a series of elevated (double height) wooden structures were observed; all the structures are fixed on a stone/concrete platform about 30 cm high; the huts/houses made of solid wood appear to be permanent in nature. j. An ancient water way that existed since long has been tampered with as it was being rebuilt (at the time of inspection) with laterite stones and concrete.
During the said site inspection it was also noted that the narrow strip in front of the sea wall, seaward up to the dune line, is totally degraded. Further Vegetation appears to have been cleared as the dune face is devoid of associated vegetation. In comparison, the adjacent properties exhibit a natural look with luxuriant trees and shrubs and dune grass. This indicates that the site inspected has been subjected to large scale human interference. Further the inspection report indicate that the activity described above (points a – h) has been carried out on a frontal pioneer sand dune field which is a CRZ I area; nevertheless, the entire activity described above (points a – k) falls in the NDZ, both with respect to the open sea coast (west) as well as the river (east).The said site inspection report stated that in summary, the human
Page 2 of 45 interference on a sand dune complex (CRZ I) in particular and the NDZ in general are in gross violations of the CRZ Notification 2011.
The observations recorded in said site inspection report dated 30//04/2015 specified above also indicated that Sree Sai Champion Family Trust has violated the terms and conditions/ measures laid down in the NOC / Permission / Approval dated 23/01/2015 granted by authority in its 110 th meeting held on 26/11/2014 by constructing a structures which are of permanent nature instead of temporary seasonal structures in syno.109/2 of village Cavelossim, Salcete-Goa thereby grossly violated CRZ Notification, 2011.
Accordingly the said site inspection report was placed before the GCZMA during its 115 th meeting held on 04/05/2015 to discuss and decide on violation of terms and conditions specified in N.O.C granted to Sree Sai Champion Family Trust. The authority after detailed discussion and due deliberations and on considering the site inspection report dated 30/04/2015 noted that the applicant has violated the terms and conditions / measures laid down in the NOC / Permission / Approval dated 23/01/2015 granted by the GCZMA and decided to issue Order of demolition under Section 5 of the Environment Protection Act, 1986 read with other enabling provisions to the violator with further directions to restore the land to its original state, failing which the Dy. Collector & SDM, Salcete to demolish the structure and restore the land to its original condition and recover the expenses as arrears of land revenue. Thereafter an order dated 08/05/2015 bearing ref no. GCZMA / S / 14-15/18/ 249 was issued to Sree Sai Champion Family Trust.
The said order of demolition dated 08/05/2015 passed by GCZMA was challenged before the Hon’ble High Court of Bombay at Goa vide Writ Petition bearing Stamp Number Main no.1631/ 2015 in the matter of Sree Sai Champions Family Trust V/s GCZMA & ors. The said matter was disposed by the Hon’ble High Court of Bombay at Goa vide order dated 03/06/2015 (Reproduced herein for convenience) “Heard Mr. Lotlikar, the learned Senior Advocate along with Mr. Prasheen Lotlikar, the learned Advocate for the petitioner. 2. Mr. Lawande, the learned Government Advocate appears for the respondents. 3. This petition challenges the order dated 08/05/2015 made by the Goa Coastal Zone Management Authority (GCZMA) directing, inter alia, demolition of certain structures, put up by the petitioner in the property, which is the subject matter of the petition. 4. There is no dispute that the impugned order can be appealed against under Section 16 of the National Green Tribunal Act, 2010 (the said Act). Besides, proceedings, pertaining to the very same structures, are already pending before the National Green Tribunal. Accordingly, there is no necessity to entertain the present petition. 5. However, it is submitted that presently, the Bench of National Green Tribunal at Pune is unavailable and in case any urgent reliefs are required, the petitioner shall have to approach the Principal Bench at New Delhi. The petitioner contends that this will involve considerable logistical difficulties, particularly, if the nature of directions to be complied with, is considered. In view of this, some limited protection can be granted to the petitioner, pending consideration of its motion for interim relief in any appeal, which the petitioner may choose to institute before the National Green Tribunal. 6. Accordingly, for a period of six weeks from today, the directions Page 3 of 45 contained in the impugned order shall not be implemented by the respondents. This, however, shall not entitle the petitioner to disregard the terms and conditions of permission dated 23/12/2014 issued by the GCZMA, which, inter alia, requires that temporary seasonal structures should be dismantled and removed from the site latest by 10/06/2015. 7. It is made clear that this Court has not examined the merits of 3 STM/1631/2015 the matter and consequently, all contentions of all parties are left open, to be decided by the National Green Tribunal, in case, the petitioner institutes an appeal to challenge the order dated 08/05/2015. 8. With the above observations, the present petition is disposed of. All concerned to act on basis of authenticated copy of this order”.
In the meanwhile the Application bearing no. 03/2015 filed by Cavelossim Villagers Forum before the Hon’ble NGT, Pune was heard time and again and finally disposed off by the Tribunal vide order dated 09/07/2015 with following directions :- “In the result, the Application is allowed. The authorities are directed to execute the orders passed by them and carry out demolition within period of three (3) weeks hereafter, as per scheduled dates indicated in the orders of the authority, if there is no variance made by the competent Court order or any other authority. The Respondent No.4, shall pay costs of Rs.10Lakh as costs required for demolition work and restoration of environment. The Respondent No.4 shall also pay further costs of Rs.25Lakh for the purpose of restitution and restoration of area and so also pay costs of Rs.25Lakh for the purpose of damage caused to environment. The Latter amounts be deposited within four (4) weeks with the office of Collector, South Goa. Non-payment of such costs, would entail recovery of same from the Respondent No.4, by attachment of properties of the Respondent No.4 and sale thereof, of stock and barrel by the competent authority. This amount shall be utilized for the restitution and restoration plan for the subject area, which shall be prepared by GCZMA within six (6) weeks. The Respondent No.4 is also liable for prosecution as may be permissible under the Law. The Respondent No.4, shall also pay costs of Rs.50,000/- to the Applicant as litigation costs and shall bear his own. The Application is disposed of accordingly ”.
The above judgement / order dated 09/07/2015 passed by the Hon’ble Tribunal was challenged before the Hon’ble High Court of Bombay at Goa interalia being aggrieved by violation of principles of natural justice vide Writ Petition bearing no.626/ 2015 in the matter of Sree Sai Champions Family Trust V/s Cavelossim Villagers Forum & ors. The vide order dated 10/09/2015 the matter was disposed off by the Hon’ble High Court of Bombay at Goa vide following observations:- “ In view of the above, we pass the following order :
(i) The impugned order dated 09.07.2015 is quashed and set aside. (ii) The original application dated 06.01.2015 filed by the respondent no.1 is restored to the file of the learned Tribunal. (iii) The learned Tribunal shall proceed to decide such application after hearing all the concerned parties including the petitioner in accordance with law. (iv) All contentions of both the parties on merits are left open. (v) Rule is made absolute in above terms.
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(vi) By consent of the learned counsel, the parties are directed to appear before the learned Tribunal on 15.10.2015 at 10.30 a.m. (vii) The petition stands disposed of accordingly”.
Accordingly the matter was remanded vide abovementioned order to the Hon’ble Tribunal, Pune and came up for hearing before it time and again. In the mean while applicant (original complainant) vide complaints dated 26/10/2015 and 22/12/2015 filed before the GCZMA interalia bringing to the notice that there are illegal constructions / structures in No Development Zone of CRZ area and further enclosing a copy of the order dated 27/11/2015 passed by the Hon’ble Tribunal directing the GCZMA to expeditiously consider the application filed by the Applicant on merits.
The said applicant (original complainant) further filed a M.A. No. 240/2015 (WZ) in Application no.3/2015 before the Hon’ble Tribunal in respect of alleged illegal operation of bar and restaurant and inaction on complainant dated 22/12/2015.
M/s Silpam Trade Associates Pvt. Ltd., through its authorised signatory Mr. Yogesh Reddy, House No. 887 “ Shiva Priya”, next to Holy Family School, Porvorim, Bardez had also filed applications dated 14/09/2015 for erection of temporary seasonal shack (1no.) and (10 nos) huts for Tourist season September 2015-May 2016 in the said property. The site was inspected by expert member Mr. Raghunath Dhume on 07/10/2015 which interalia indicated that the proposed site for shack and 10 huts is on sand dune. The drawings has to be changed by the project proponent, the sand dune has been cut and retaining wall is retained by cement bags filled with sand and laterite wall and further the proponent is not sure about positing of huts and shacks. The abovementioned applications for erection of temporary seasonal shack and huts in the property bearing no.109/2 of Cavelossim Village was discussed and deliberated in 123rd GCZMA meeting held on 21/12/2015 in terms of Para 8 (v) (3) (CRZ Goa) of CRZ Notification,2011 as amended.
The GCZMA in its 123 rd GCZMA meeting held on 21/12/2015 earlier had noted that the site under reference where the temporary seasonal shack and huts were proposed to be erected/ already erected was inspected by Shri. Ragunath Dhume, Expert Member of GCZMA on 07/10/2015 and the report inter alia indicate that proposed 1 shack and 10 huts are located on sand dune. Further , the Expert Member of GCZMA opined that drawings has to be changed by project proponent, the sand dune is been cut and the retaining wall is retained by cement bags filled with sand and laterite wall, whereas the project proponent is not sure about positioning of huts and shacks. The Authority after detailed discussion and due deliberation decided to reject the said application/proposal in respect of erection of temporary seasonal structures in Sy. No. 109/2, Cavelossim Village, Salcete – Goa considering the site inspection report of Shri. Ragunath Dhume, Expert Member (GCZMA) which has recorded gross violation carried of the CRZ Notification 2011 carried out by the project proponent.
The abovementioned decision taken by authority was communicated to M/s Silpam Trade Associates Pvt. Ltd., through its authorised signatory Mr. Yogesh Reddy, House No. 887 “ Shiva Page 5 of 45
Priya”, next to Holy Family School, Porvorim, Bardez vide letter dated 25/01/2016 bearing ref no. GCZMA/ S/ Shack- Hut- Cott- Tent / 15-16 /82 /2531 with the directions to take note that his applications dated 14/09/2015 are rejected and was further directed to demolish / dismantle / remove the said shack/ cottage/hut/ any other temporary structure erected in the property bearing sy. no. 109/2 Cavelossim village, Salcete with immediate effect and restore the land in its original state within 7 days from the date receipt of this directions and file compliance report in this regard within further 2 days of expiry period of aforementioned 7 days time period failing which further directions will be issued to the revenue authorities for demolition of such structures. The said M/s Silpam Trade Associates Pvt. Ltd., through its authorised signatory Mr. Yogesh Reddy, House no.887 “Shiva Priya”, next to Holy Family School, Porvorim, Bardez have not filed any compliance report till date.
The abovementioned application bearing no.03/2015 (WZ) came up for hearing before the Hon’ble NGT, Pune on 08/01/2016 wherein the Hon’ble Tribunal has observed as under:- “ We have heard learned Advocate for the Applicant. Learned Advocate for the Applicant Mr. Nigel Da Costa Frias would submit that complaint dated October 26th , 2015 to GCZMA is subsequent, and as per order of this Tribunal dated November 27th, 2015, GCZMA should have placed affidavit on record in order to know what action is being by GCZMA. By way of ad interim relief, learned Advocate for the Applicant seeks removal of illegal structures standing in CRZ (NDZ) area. Learned Advocate Ms. Fawia M. Mesquita for Respondent Nos.2 and 3 states that she has received instructions to the effect that decision has already been taken by GCZMA to the effect and permission sought for proposed construction of the huts/ temporary shacks is rejected in 123rd meeting held on December 21st, 2015. Obviously, GCZMA will survey the area at earliest and if any illegal temporary shack or construction is found to have been erected within the said area, it will be directed to be demolished by giving due opportunity to the concerned person. The Applicant is permitted to pinpoint whether the concerned construction is only of temporary nature or a pucca construction and bring the wrong doer/ polluter, who has endangered the ecology and environment as well as obstruction in the tidal zone of the sea water. The interim relief, therefore, is not pressed for, at present, by the learned Advocate for the Applicant and hence, M.A. No.240/2015 is disposed of. The Applicant may be informed about the date of inspection of the area by GCZMA”.
Pursuant to abovementioned order the GCZMA fixed a site inspection with expert member of GCZMA on 01/02/2016 vide inspection notice dated 25/01/2016 bearing ref. no. GCZMA/ APPL NO: 03/2015/ WZ / NGT/ 24/ 2526.
The Expert Member of the GCZMA, Dr. Antonio Mascarenhas has submitted a report dated 03/02/2016 interalia besides general observations has also recorded specific observations which are indicated herein below:-
I. Significant alterations of the coastal landscape and impacts due to human activity were noted at the site, seaward of the Cavelossim – Mobor road:
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a) During an earlier inspection, a laterite retaining / sea wall was noted along the crest of the pioneer sand dune, parallel to the shoreline; the structure is now covered by a vertical / horizontal wooden strips; the ‘wooden’ wall is about 1 meter in height.
b) Google Earth (GE) images reveal that the wall had been built around the year 2010, and has existed since then.
c) Along the raised wall, sand is filled so as to create a sort of a horizontal flat platform; wooden flooring now covers this leveled sandy strip.
d) The platform has a central staircase of wood that leads down to the beach; on either side, the wooden platform has a flat roof, supported by vertical columns made of wood, about 10 cm x 10 cm thick, and about 2.5 meters high; in addition, a 2 meter wide ramp that opens / leads towards the beach was also noted.
e) Four caravans were parked almost at the beach a few meters from HTL; these units have in- built wash rooms, as pipes emerge from these toilets and appear to be connected to some tank / pit which could not be identified.
f) A stage was noted along the beach, at the northern corner of the property, a few meters from HTL.
g) A pathway of natural stone (kaddapah) slabs was observed from the main entry gate up to the wooden platform on the crest of dune.
h) A ring well is located at the centre of the property; an electric pump with an attached pipe was observed at the well.
i) A power generator shed with tin roof, and some permanent cabins were observed along the southern boundary of the property.
j) A bore well with an electric pump and attached pipelines were seen at the road side corner of the property; three 4-wheel scooters were parked near the main entrance.
k) Exotic grass with few coconut trees marks the property; there is no evidence of any native / original vegetation.
The said site inspection has also recorded that it is pertinent to note that the narrow frontal sea side strip is totally flattened and degraded. Vegetation has been cleared as the dune face is devoid of associated vegetation. In comparison, the adjacent properties (north and south) exhibit a natural look with luxuriant trees and shrubs and dune grass. This indicates that the site inspected (SN 109/2, seaward of the road) has been subjected to significant human interference.
The inspection report stated that in summary, the human interference on a pioneer sand dune (CRZ I) in particular and the NDZ in general do not stand scrutiny of prevailing coastal regulations. Further noted that all these activities are obvious violations of the CRZ Notification 2011.Accordingly Directions Under Section 5 of the Environment (Protection) Act 1986 dated 19/02/2016 was issued to M/s Sree Sai Champions Family Trust and M/s Silpam Trade Associates Pvt. Ltd., to demolish the entire illegal structures i.e laterite retaining wall/sea wall, platform wooden flooring, pathway of natural stone/kadapaha, raised wooden stage, power generator shed, permanent cabins along the southern boundary ,ringwell, borewell along with all the other structures erected and located in the property bearing Sy. No.109/2 at Village Cavelossim, Salcete and restore the land to its original
Page 7 of 45 condition, within 15 days from the date of receipt of this order failing which the Dy. Collector & S.D.O, Salcete-Goa.
Thereafter the said rejection letter dated 25/01/2016 bearing ref no. GCZMA/ S/ Shack- Hut- Cott- Tent / 15-16 /82 /2531 and Directions Under Section 5 of the Environment (Protection) Act 1986 dated 19/02/2016 was issued to M/s Sree Sai Champions Family Trust and M/s Silpam Trade Associates Pvt. Ltd., was challenged before the Hon’ble High Court of Bombay at Goa interalia being aggrieved by violation of principles of natural justice vide Writ Petition bearing no.278/ 2016 in the matter of M/s Silpam Trade Associates Pvt. Ltd., v/s State Goa & Ors.
The above-mentioned matter came up for hearing on 02/03/2016 and the Hon’ble High Court of Bombay at Goa was pleased to pass the following order :- “Heard the learned counsel for the petitioners. 2. Learned Additional Government Advocate waives notice for the respondents no. 1, 2 and 4. 3. Rule. Rule made returnable forthwith. Heard finally by consent.
4. Learned Additional Government Advocate, on instructions of respondents no.2 and 4, whose officers are present in Court submits that the respondent no.2 is ready to reconsider the applications dated 14/9/2015 filed by the petitioners seeking permission to erect temporary structures on the subject property i.e. Survery no.109/2, of Cavelossim village within a period of four weeks time, on the condition that the petitioner during this period shall not use the structures/caravan vans in question for any commercial purposes.
5. Learned counsel for the petitioner, on instructions, makes a statement in the nature of an oral undertaking of the petitioner no.2, who is present in Court that the petitioners during the said period of time i.e. four weeks from the date of order of this Court or the order on the applications dated 14/9/2015 filed for grant of permission is finally disposed of, whichever is earlier, the petitioners shall not use the structures/caravan vans in question for any commercial purpose.
6. The oral undertaking so given by the petitioners is accepted and so is the statement made by the learned Additional Government Advocate on behalf of respondent no.2.
7. Accordingly, it is directed that respondent no.2 shall reconsider the applications dated 14/9/2015 filed by the petitioner within a period of four weeks from the date of this order and shall dispose of the same within the said period.
8. It is directed that respondent no.2 shall as a special case grant personal hearing to the petitioner before the final order is passed. The petitioners shall not use the structures/caravan vans in question for any commercial purpose during the said period of time. In case, the applications are
Page 8 of 45 rejected, the order impugned in this petition shall not be given effect to for a period of two weeks from the date of the order of rejection of the applications and the aforesaid undertaking in that case shall continue to be adhered to for two weeks more.
9. Rule is made absolute in these terms. No costs.
10. Authenticated copy be furnished to both sides.
In the light of the above, the Authority was required to hear the parties/applicant and reconsider the applications dated 14/09/2015 in terms of order dated 02/03/2016 passed by Hon’ble High Court of Bombay at Goa Writ Petition bearing no.278/ 2016. Accordingly, now, vide notice of personal hearing dated 17/03/2016 the concerned party was directed to attend for personal hearing before the Authority along with requisite documents / details. However, the notice of personal hearing returned back with postal remark ‘Addressee Left’.
The said matter was placed in the 126 th GCZMA meeting held on 29/03/2016 wherein the Authority after detailed discussion and due deliberation and considering the fact that the party was not served with the Notice of personal hearing, decided to issue a fresh notice of personal hearing at all the addresses available including at site under reference to M/s. Silpam Trade Associates Pvt. Ltd., to appear before the Authority for hearing during the next Authority meeting and take a final decision in the matter. The Authority also decided to seek additional time of 60 days from the Hon’ble High Court of Bombay at Goa to comply with the directions dated 02/03/2016.
In the light of the above, the matter is placed before the GCZMA for grant of personal hearing to the concerned party and to take final decision in the matter.
Case No.: 2.2: To comply with the directions contained in the Judgement dated 04/02/2016 (Application No. 133/2015) passed by the Hon’ble National Green Tribunal at Pune in the matter of Mr. Cruz Silveira V/s. M/s Namesh Hotels & Resorts Pvt. Ltd. with regard to alleged illegal construction of a mega project in the property bearing Sy. No. 159/3 at Tivai Wado, Calngute, Bardez-Goa.
1. The Office of Goa Coastal Zone Management Authority (hereinafter referred to as the ‘GCZMA’ in short) was in receipt of a Complaint letter dated 08/05/2015 from Mr. Salvador Lobo and Mr. Cruz Silveira, both R/o Tivaiwado, Calangute, Bardez-Goa pertaining to alleged illegal construction of a mega project being carried out by M/s Namesh Hotels & Resorts Pvt. Ltd. in the property bearing Sy. No. 159/3 at Tivai Wado, Calangute, Bardez- Goa.
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2. In view of the Complaint letter dated 08/05/2015 received from Mr. Salvador Lobo and Mr. Cruz Silveira, the site under reference was inspected by Dr. Antonio Mascarenhas, Expert Member of GCZMA on 08/06/2015 and accordingly prepared and submitted his report dated 12/01/2016. The report inter alia in brief states as under: That the Applicants are the owners of plot as shown in Form I & XIV. About 13 individuals feature in Form I & XIV. Whether NOC’s from these owners is needed to be checked. The plot constitutes a very large sand dune that extends from the sea front to more than 250 m from the shore. The NDZ (0-200 m) is barren and sparsely vegetated, however the sea side part is occupied by thick bushes along the HTL. Building material was found scattered in the NDZ; some sheds were also noted; this part of the property needs to be restored with plants. The owners already have approvals from GCZMA in 2014; new drawings are submitted. Some 6.0 m access road is shown adjacent to the gate; this is to be shifted beyond 200 m line. 3. Subsequently, the Office of GCZMA received another Complaint letter dated 07/07/2015 filed by Goa Foundation with respect to the alleged illegal construction of a beach resort by M/s Namesh Hotels & Resorts Pvt. Ltd. in the property bearing Sy. NO. 159/3 at Tivai Wado, Calangute, Bardez-Goa. 4. Upon receipt of the said complaint letters, directions issued under Section 5 of the Environment (Protection) Act, 1986 as referred above at Sr. No. (3) was issued by the GCZMA to M/s. Namesh Hotels & Resorts Pvt. Ltd. with a direction to Show Cause as to why a direction to demolish the structures and to restore the land to its original condition should not be issued and to file reply along with requisite documents in support of their case on or before 07/08/2015. 5. Accordingly, a reply was filed by M/s. Namesh Hotels & Resorts Pvt. Ltd dated 12/08/2015 thereby denying the allegations leveled against them and further stated in brief that the construction of the hotel / structure under reference is carried out after obtaining approval from the MoEF and the GCZMA. 6. It is pertinent to note that an Application was also filed by Mr. Cruz Silveira before the Hon’ble National Green Tribunal at Pune thereby challenging the alleged illegal construction of a mega project by M/s Namesh Hotels & Resorts Pvt. Ltd. in the property bearing Sy. No. 159/3 at Tivai Wado, Calangute, Bardez-Goa. 7. The Hon’ble National Green Tribunal at Pune after hearing the concerned parties was pleased to dispose of the said Application vide Judgement dated 04/02/2016 with following directions:
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(i) GCZMA (Goa Coastal Zone Management Authority) to hear the parties referred to in the show cause notice/stop work notice dated 23rd July 2015 and pass order in accordance with Law within three (3) months. (ii) Work at the site shall not be carried out till the time the order in accordance with Law is passed, communicated to the Applicants or any one of them and two (2) more weeks thereafter. 8. It may be noted that M/s Namesh Hotels & Resorts Pvt. Ltd vide letter inwarded on 08/09/2015 also submitted revised plans of hotel construction in the plot bearing Sy. No. 159/3 (part) situated at Village Calangute, Bardez-Goa and sought for clearance for the proposed development. However, the said proposal is not processed considering the fact that the construction under reference is subject matter before the Hon’ble NGT. 9. Taking into consideration the directions of the Hon’ble NGT, Pune, the GCZMA has decided to grant personal hearing to the parties with respect to the complaint filed by Mr. Salvador Lobo and Mr. Cruz Silveira as well as of Goa Foundation in respect of the alleged illegal construction of structures / hotel carried out by M/s Namesh Hotels Pvt. Ltd. in the property bearing Sy. No. 159/3 at Tivaiwada of Village Calangute, Bardez-Goa.
Copies of the Complaint letters dated 08/05/2015 and 07/07/2015, detailed site inspection report dated 12/01/2016, reply filed by M/s. Namesh Hotels & Resorts Pvt. Ltd dated 12/08/2015 are enclosed herewith as Annexure ‘II colly’.
In view of the above, the matter is placed before the Authority for grant of personal hearing to the concerned parties.
Case No. 2.3 To discuss and decide upon checklist comprising of illegal structures submitted by the Office of the Additional Collector – II, South vide letter dated 22/02/2016 bearing ref no: No. Ac-II/Misc/CRZ/MOR/19252/2016/2066 pertaining to 121 structures located on Baina Beach, Baina - Goa.
The office of GCZMA was in receipt of letter from the office of Dy.Collector & S.D.O Mormugao, Vasco-da-Gama letter dated 02/12/2015 bearing ref no: No.13 (5) / CRZ -74 /2015/ 4184 interalia stating that Mamlatdar of Mormugao had conducted a survey with respect to structures existing on Baina Beach and submitted checklist of structures containing particulars of 121 structures and the violators.
Earlier an Application bearing no.49/2015(WZ) was filed by Shri Kiran Krishnan before the Hon’ble NGT (WZ), Pune interalia seeking intervention of the Hon’ble Tribunal, since the members of the respondent no.5 therein (Baina Residents Welfare Association), which represents occupants of 205 hutments/structures have constructed structures/hutments on the sandy portion of the Baina beach by destroying the sand dunes in gross violation of CRZ Notification and
Page 11 of 45 further inaction on the part of various authorities for not enforcing the provisions of the Environment (Protection) Act, 1986 and Coastal Regulation Zone Notification, 1991 / 2011.
Further the Additional Collector- II, Collectorate of South Goa, Margao vide letter dated 30/04/2015 bearing ref no.AC-II / Repsub /MOR/2609/2015/4302 forwarded compliance report no.13 (5)/ CRZ/1- 205/3238 dated 11/09/2014 from the Dy. Collector and S.D.O Mormugao which identified 205 illegal huts and structures constructed on Baina beach.
The authority in its 117th GCZMA Meeting held on 01/07/2015 after detailed discussion and due deliberation noted that the structures under reference are erected on the beach i.e. in the intertidal area and NDZ area and such a activity is not permissible under the CRZ Notification 1991 / 2011 and as such decided to issue Directions / Show Cause Notice’s under Section 5 of the Environment (Protection) Act, 1986 and other enabling provisions read with rule 4 of the Environment (Protection Rules, 1986) to all the parties / owners of the existing hutments along the Baina beach, Vasco with a direction to Show Cause and file their reply along with all the requisite documents (i.e. construction/reconstruction/repair license / approvals issued by the concerned Authorities including that of permission granted by the GCZMA along with approved plan, if any, as also documents to show the title to the property) before the Office of the GCZMA within a stipulated time period of 15 days. The Authority further decided that in case any of the party fails to file their reply with relevant documents in support of their case within a stipulated time period, the Authority shall proceed to issue final directions i.e. directions under Section 5 of the Environment Protection Act, 1986 with a direction to demolish the structures and restore the land to its original within 15 days from the issue of the said Order.
Accordingly Directions/Show cause notices were issued to the 160 alleged violators and copies of the said Directions/Show cause notices dated 09/07/2015 along with annexures were forwarded to the office Dy. Collector & S.D.O of Mormugao, Vasco-Goa vide letter dated 09/07/2015 bearing ref no. GCZMA/APPL NO. 49/2015/ WZ/ NGT/09/723 with a direction the Dy. Collector & SDO of Mormugao, Vasco-Goa to serve/enforce these directions. {out of 160 notices 158 were served ( 2 structures were already demolished)}
The matter was later placed in the 119 th GCZMA meeting held on 18/08/2015 to take final decision and to comply with order dated 20/05/2015 passed by Hon’ble NGT,Pune. In the said 119 th GCZMA meeting it was decided to issue 159 final directions to demolish said structures/ illegal hutments on Baina beach. The demolition was carried out through the Dy. Collector & S.D.O of Mormugao, Vasco-Goa on 26/09/2015 in terms of Directions dated 04/09/2015. The Dy. Collector & S.D.O of Mormugao, Vasco-Goa later submitted a compliance report dated 26/09/2015 bearing reference no. 13 (5) / Baina-Dem / 2015 3554 indicating total of 157 structures/ illegal hutments (out of 159 structures 2 such structures were already demolished earlier) were demolished on Baina Beach. The GCZMA accordingly filed an affidavit dated 12/10/2015 before NGT, Pune in the matter of Kiran Krishnan v/s State of Goa & 7ors thereby placing on record compliance report of the said demolition in terms of order dated 16/09/2015 vide which the matter was disposed off. Page 12 of 45
It is also pertinent to note there is also Writ Petition bearing no.231/2010 filed by Board of Trustees of the Port of Mormugao v/s the GCZMA & 3 ors before the Hon’ble High Court of Bombay at Goa interalia being aggrieved by erection/construction of illegal structures /hutments at Desterro, Baina and Katem Baina. The Hon’ble High Court of Bombay at Goa has vide order dated 11/03/2015 directed the respondents therein to file a status report in the matter.
It is pertinent to note that earlier on 25/05/2015 (in the matter of Kiran Krishnan v/s State of Goa & 7 Ors) the Hon’ble NGT, Pune had observed that “Issue involved in the present Application, is whether the huts/illegal constructions on Baina Beach are blatant violation of the CRZ Notification? The issue is looked from two (2) different angles. The Mamletdar, Marmagao passed an order of removal of illegal and unauthorised structures. The revenue authority considered that structures ought to be removed because of eminent danger needing to disaster management measures is required to be implemented in order to avoid loss of livelihood and the property due to any kind of high tide water activities or activities like Tsunami etc. Another standpoint of view is that all the structures are located on the beach itself outside the private land and, therefore, there is no question of protection available to such structures. A copy of information given by the Assistant Public Information Officer of GCZMA (annexure AEE) prima facie shows that the constructions are carried out at Baina Beach by illegal migrants from Karnataka, Andhra Pradesh and Orissa without following CRZ Notification, 1991. Learned Advocate for the Respondent Nos. 1 to 4 states that so far only one structure which is in private land and is not part of the dispute in the present Application, is found to be legal ”.
The Hon’ble Tribunal also noted that the “ A copy of order dated 20th May, 2015, which probably is passed during vacation period and may be at the fag end of assignment of the Hon’ble Justice, reveals that leaverage was granted to the Govt to adopt proper proceedings for eviction of concerned residents, who could have been found to be illegal squatters/occupants of any structure on the beach. In other words, there was no injunction against any authority to take legal action against such illegal occupants. Under the peculiar circumstances, by way of ad interim relief, we only reiterate same directions of the Hon’ble High Court and clarify that concerned authority shall take any legal action as may be permissible under the law for removal of illegal occupants of any such construction which is on the beach and is not found to be legal in any manner ”.
The Hon’ble Tribunal further observed “ the authority is at liberty to decide the issue on merits, inspite of such observations and may consider the action under CRZ Notification or any other law if the complaint is filed by the Applicant or any one or even no complaint is filed. This direction may not, however, deemed as final decision, because it is only on basis of prima facie observations in the light of interim order passed by the Hon’ble High Court in Writ Petition No.295 of 2015, dated 20th May, 2015 ”
The matter was placed before the Authority in its 124 th GCZMA Meeting held on 18/01/2016 in order to decide the course of action to be adopted to deal with violations reported by Dy. Collector & S.D.O Mormugao, Vasco-da-Gama vide letter dated 02/12/2015 bearing ref Page 13 of 45 no: No.13 (5) / CRZ -74 /2015/ 4184 pertaining to 121 structures/ hutments on Baina beach. The Authority noted that the checklist submitted by the Deputy Collector & S.D.O, Mormugao, Vasco da Gama was addressed to the Collector, South Goa District and the copy of the same was just endorsed to the Member Secretary, GCZMA with a further request to the Collector, South Goa District to forward the same to the Member Secretary, GCZMA for necessary action. However, no letter / communication in this regard has been received by the GCZMA from the Collector & DM, South Goa along with the requisite details, status of Court cases and directions issued by the Court, if any, and as such the Authority decided to keep the said checklist on hold till the Office receives a direct communication from the Collector & DM, South Goa along with the requisite details.
Accordingly, the said decision was communicated to the Deputy Collector & S.D.O, Mormugao, Vasco da Gama vide letter dated 18/02/2016 to submit the details with regard to the checklist along with requisite details including status of Court cases and directions issued by the Court, if any. Subsequently, a checklist along with details of the violators was received from the Additional Collector II, South vide letter Bearing No. Ac-II/Misc/CRZ/MOR/19252/2016/2066 dated 22/02/2016. However, no information pertaining to the status of Court cases with respect to the subject matter was furnished, as such; a letter dated 22/02/2016 was issued to the Additional Collector II, South to provide the same. Further, the Additional Collector II, South informed that, there are no cases filed in any Court in respect of the said 121 illegal hutments.
It may be further noted that, a complaint letter / representation dated 03/02/2016 was received from Mr. Kiran Krishnan which is interalia pertaining to demolition / removal of the encroachment by the illegal structures (121 nos.) on Baina Beach as identified by the Deputy Collector & S.D.O, Mormugao. The said Complainant informed that earlier an application bearing No. 49/2015 was filed by him before the Hon’ble NGT, Pune which was disposed of on 16/09/2015 and demolition of the 205 illegal structures was carried out at Baina beach, however, the said structures have been partially demolished and the debris are still scattered on the beach. The complainant further alleged that the additional / balance 121 structures around 1 m away from the demolished structures should have been observed by the inspection team of GCZMA. The said application was later withdrawn and the Hon’ble Tribunal disposed of the said application accordingly.
In this regard, copy of the letter of Mr. Kiran Krishnana dated 03/02/2016, copy of the checklist submitted by the Additional Collector II, South, relevant orders of the Court are enclosed with the Agenda Item as Annexure ‘III colly’.
In the light of above, the Authority may deliberate and decide on further course of action in the matter.
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Case No. 2.4
To comply with the Orders dated 14/05/2015 and 15/02/2016 passed by the Hon’ble NGT, Pune in the matter of Appeals preferred by various persons / parties against the Orders of Demolition issued by GCZMA in view of the directions issued in Betty Alvares v/s State of Goa & ors bearing Application No. 63/2012
Background:
1. An application bearing No. 63/2012 was filed Ms Betty C. Alvares before the Hon’ble National Green Tribunal under section 18 (1) read with section 14 of national Green Tribunal Act 2010, alleging that there are illegal construction undertaken by the Respondent no.8 to 21 mentioned therein in the application and purported inaction on the part of the concerned authorities against the said illegal civil structures. The alleged illegalities were claimed to have been carried out in the properties bearing survey No. 150/3A, 150/3B, 150/3C, 151/1(part) 153/8, 153/11, 150/7, 153/12, 126/2, 127/7 and 127/7A of the village Candolim, Bardez Taluka in the North in the North Goa District. 2. In the said matter the Hon’ble NGT, Pune was pleased to appoint a committee headed by the Principal District & Sessions Judge as (Chairman & Commissioner), South Goa, Margao along with Shri James Mathew, Senior Town Planner, South Goa, Margao and Shri Devidas Naik, Executive Engineer, PWD, North Goa. The Committee was to take stock of the application filed by Ms. Betty C. Alvares and hold inspection and hear the parties and consider the documents of the parties and submit its report to the Hon’ble Tribunal, Pune. 3. The report bearing no. DSC/MAR/CONF/GEN-19/NGT/2013/143 dated 08/11/2013 was accordingly prepared by the Principal District & Sessions Judge, South NGT Pune (WZ) after conducting detailed inspection of the sites and hearing all the concerned parties and submitted the same to the Registrar of the Hon’ble NGT, Pune in compliance with the directions. 4. Upon submission of the report and after hearing the parties, the Hon’ble NGT, Pune was pleased to dispose of the said Application No. 63/2012 vide order dated 25/04/2014 with certain directions to be complied with by GCZMA. 5. In view of the directions issued, the matter along with the report bearing no. DSC/MAR/CONF/GEN-19/NGT/2013/143 dated 8/11/2013 prepared and submitted by the Principal District & Sessions Judge, South Goa, Margao-Goa (Head of the Committee) was placed before the GCZMA in the 112 th GCZMA meeting held on 28/01/2015 for final decision.
6. The GCZMA perused the report of the Hon’ble Principal District and Session Judge who has given due personal hearing to the all concerned parties and examined all the documents on record which interalia indicates that the structures under reference do not
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possess the CRZ clearance and the same are in violation of the CRZ Notification 1991 / 2011. The Authority also noted that all the structures / extended structures are in violation of Coastal Regulation Zone Notification, 1991 / 2011 and do not possess prior permission as required under the CRZ Notification. As such the Authority concluded that the structures under reference are illegal and unauthorized. After due deliberation and discussion the Authority decided to issue order of demolition to all the structures under reference under Section 5 of the Environment Protection Act read with other enabling provisions to all the violations and accordingly file a compliance report before the Hon’ble NGT in the matter of Application No. 63/2012. 7. As per the decision taken by the Authority in its 112 th meeting held on 28/01/2015, orders of demolition were issued to the respective parties. 8. However, the said Orders of Demolition were challenged before the Hon’ble National Green Tribunal at Pune by way of an Appeals bearing no. 09/2015 to 18/2015 mainly on the ground that the demolition orders were issued in violation of the Principles of Natural Justice. 9. Accordingly, the Hon’ble National Green Tribunal at Pune was pleased to dispose of the said Appeals bearing no. 09/2015 to 18/2015 vide common Judgement dated 14/05/2015 with a direction to the Appellants to appear before the GCZMA on 29/05/2015 and if needed the Appellants to file their additional affidavit / reply within 10 days. The GCZMA was further directed to complete the hearing and decision making process thereafter within a period of three (3) weeks. 10. However, the said Order / Judgement dated 14/05/2015 could not be complied with, within the prescribed time period of three weeks and as such an Application for extension of time to comply with the Order dated 14/05/2015 and seeking condonation of delay. The Hon’ble NGT, Pune vide Order dated 24/09/2015 was pleased to grant only six weeks time to comply with the directions contained in the Judgement dated 14/05/2015. 11. In view of the said order dated 24/09/2015, the files were forwarded to the Inquiry Committee of GCZMA inorder to grant personal hearing to the concerned parties and to prepare the reports in the matter accordingly. 12. Thereafter the matter was taken up on 13/01/2016 and grace period of four days was granted as requested by the Ld. Advocate appearing for the GCZMA and directed to take a decision by 22/01/2016. The Miscellaneous application was then taken up on 22/01/2016 on which date of hearing it was decided to grant time to take a final decision in the matter and file compliance report by 15/02/2016. 13. The Office of GCZMA filed another application for extension of time to comply with the order dated 22/01/2016 on 04/02/2016. 14. Thereafter, the matter was taken up on 15/02/2016 on which date of hearing, the Hon’ble NGT, Pune was pleased to allow the application for extension of time and directed to take a decision by 15/05/2016 with caveat that if the representations of the Appellants are not
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disposed of within given time on any excuse, the Member Secretary will be required to pay Rs.5, 000/- per day for each Application. 15. In the meantime, the Inquiry Committee of GCZMA prepared and submitted its reports in the respective matters for further necessary decision and action in the matter. The report submitted by the Inquiry Committee of GCZMA inter alia in brief in tabular format states in respect of individual structures is indicated herebelow: -
Sr. Name of the Survey Details of alleged Conclusions / No. Party No. violation Recommendations by /location the Inquiry Committee of GCZMA
1. Rosa Maria Sy. No. (i) Ground + 1 The Affected party has Fernandes 150/7 structure not produced documents (Respondent (part) of (ii) Swimming in respect of No. 20) Village pool construction of the (Appeal No. Candolim, (iii) Bore well all additional wing to 09/2015) Bardez- without rectangular shape of the Goa approvals. structure of Ave Maria (iv) The three Resorts; not produced structures are any documents enclosed indicating the approval within a for the constructions of compound swimming pool and wall and compound wall of Ave operated as Maria Resorts, the Ave Maria constructions were Resort (16a). carried without any (v) Ground + 1 permission from the structure, GCZMA or any guest house, licensing authority and compound the constructions are not wall (16 b). according with law. (vi) Compound wall on the The GCZMA to remove Eastern / demolish the structures /Southern and in Ave Maria
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Western side Resortssituated in Sy. of the No. 150/7 (part) of structures (16 Candolim Village and a & b). belonging to Rosa Maria (vii) Ground + 1 Fernandes: structure, a) The structure guest house, which is kitchen and additional wing bar (17a). perpendicular to (viii) Compound the structure wall (17b). having rectangular shape. b) Swimming pool of 97 Sq. mts. c) Compound wall 86 mts. 2. Perpetua Sy. No. (i) Construction of The reconstruction of Fernandes 150/1 Michael Guest House the existing old Mr. Michael (part) of having an area of 123 mundkarial house was Fernandes Village sq. mts. on the ground carried in the year 1993 (Respondent Candolim, floor and 114 sq. mts. without any approval or No. 16 and Bardez- on the first floor licence from any 17) Goa (iii) Compound wall competent authorities except the licence dated (Appeal No. 24-08-1991 of the 10/2015) Village Panchayat of Candolim for the construction of compound wall.
Considering that the structure of old mundkarial house was existing right from the time the survey plan was prepared in the year
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1971-72; that the construction activities were permissible within the area of 200 to 500 mts. of CRZ-III; that it is a residential house of the family of the affected party-I and affected party-II the area of residence of party-I and party-II whether its on the ground floor and first floor to be maintained and area of the establishments of Mike and Peppy’s on the first floor to be removed and the constructions are not in accordance with law. The construction of the compound wall is in accordance with the law as the affected party has permission dated 24-08- 1991 of the Village Panchayat of Candolim. The GCZMA to remove/demolish the structure on the first floor on the Mikes Guest House belonging to Rosalina Mascarenhas and Peppy’s Holiday Home belonging to Perpetua and Michael Fernandes
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situated in the Sy.No. 150/1 of Village Candolim. 3. Louis Sy. No. (i) Ground + 1 structure The documents Pereira 150/3-B (ii) Compound wall produced by the affected Mrs. of Village (iii) Cottages / store party indicate thjat the Margarida Candolim, rooms with an old structure, extension Fernandes Bardez- extension of 60 mts. to the old structure, Mr. Domnic Goa to the structure no. cottages, compound wall Savio 4 in the property surveyd Pereira under Sy.No. 150/3-B of (Respondent Village Candolim were No. 10, 11 existing prior to the date and 12) of CRZ Notification 19- 02-1991 and the (Appeal No. construction are in 11/2015) accordance with law. The Goa Coastal Zone Management Authority- GCZMA to withdraw any Show Cause Notice or demolition and drop the proceedings against Mr. Louis Pereira.
4. Rosalina Sy. No. Construction of new The reconstruction of Mascarenhas 150/1 structure admeasuring the existing old (Respondent (part) of an area of 137 sq. mts mundkarial house was No. 15) Village and the compound wall carried in the year 1993 (Appeal No. Candolim, of 28.5 running mts. without any approval or 12/2015) Bardez- licence from any Goa competent authorities except the licence dated 24-08-1991 of the Village Panchayat of Candolim for the construction of
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compound wall.
Considering that the structure of old mundkarial house was existing right from the time the survey plan was prepared in the year 1971-72; that the construction activities were permissible within the area of 200 to 500 mts. of CRZ-III; that it is a residential house of the family of the affected party-I and affected party-II the area of residence of party-I and party-II whether its on the ground floor and first floor to be maintained and area of the establishments of Mike and Peppy’s on the first floor to be removed and the constructions are not in accordance with law. The construction of the compound wall is in accordance with the law as the affected party has permission dated 24-08- 1991 of the Village Panchayat of Candolim.
The GCZMA to
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remove/demolish the structure on the first floor on the Mikes Guest House belonging to Rosalina Mascarenhas and Peppy’s Holiday Home belonging to Perpetua and Michael Fernandes situated in the Sy.No. 150/1 of Village Candolim. 5. John Pires Sy. No. Sy. No. 150/3-A (part) Considering that in the (Respondent 150/3-A area of Sy.No. 150/3-B (i) G+1 Structure. No. 9) (part) and there was a residential Ground floor of 178 150/1 house existing from the sq.mts. and the same (Appeal No. (part) of year 1989-90 and prior area on the 1 st floor 13/2015) Village to the date of CRZ i.e. total built up Candolim, Notification 19-02- area 356 sq.mts in a Bardez- 1991; that the new plot of 184.5 sq.mts. Goa construction was for of which FAR is residential cum more t han seven commercial purpose, the times of the residential areas on the permissible FAR ground floor and the 33%. first floor to be (ii) Compound wall on maintained. The part the Southern side where Antonio’s Guest without setbacks House is existing in 75.3 running metres. Sy.No. 150/3-B on the Sy. No. 150/1 (part) ground floor and first floor and the compound (i) Reconstruction of wall of 75.3 sq.mts. to the two storeys i.e. be demolished as the G+ 1 with an area of construction are not in 170.5 sq.mts. on the accordance with law. ground floor and
259 sq. mts. on the
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1st floor i.e. the total Considering that in the area of 429 sq. mts area of Sy.No. 150/1-B, in place of the there was an old house existing house of 40 existing prior to the date sq. mts. of CRZ Notification 19- 02-1991 and having an area of 88.5 sq.mts.; that the new construction of 259 sq.mts. on the ground floor and 259 sq.mts. on the first floor exceeds the FAR of 33%, the entire first floor with the passage to be removed and demolished of the structure where Antonio Guest House is existing as the construction is not in accordance with law. The Goa Coastal Zone Management Authority- GCZMA to remove/ demolish the following structures owned by John Pires namely:
a) In the Sy.No. 150/3-A of Village Candolim, part of the structure on the ground floor and the first floor where Antonio Guest House is existing.
b) Compound wall of
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75.3 mts.
c) In the Sy.No. 150/1-B of Village Candolim, the entire first floor of structure where Antonio Guest House is existing.
d) The passage from the first floor of building of Antonio Guest House in Sy.No. 150/1-B, to be the first floor of the building of Antonio Guest house in Sy.No. 150/3-A.
6. Mrs. Isabela Sy. No. Reconstruction of a Considering that Perpetua 153/12 of structure admeasuring reconstruction or Cardoz Village an area of 250 sq. mts. alteration of a structure (Respondent Candolim, within 200-500 mts. of is permissible within the No. 21) Bardez- HTL. area of 200 mts. to 500 Goa mts. of CRZ-III, that old (Appeal No. dwelling unit of the 14/2015) mundkar was existing from the time the survey plan was prepared in1971-972, that no commercial activities are carried and the new construction is only for residential purpose that the provision was made for construction of the
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first floor. The Goa Coastal Zone Management Authority- GCZMA to:
a) Demolish the staircase or any access made for construction of the first floor. b) Direct Isabella @ Perpetua Cardozo not to carry any construction or provision for the first floor of the structure. c) Direct Isabella @ Perpetua Cardozo to use the structure only for residential purpose. d) Regularise the construction made by Isabella @ Perpetua Cardozo of the structure in Sy.No. 153/12 of Village Candolim.
7. Shri. Sy. No. Sy. No. 150/3-C Considering that the Anthony 150/3-C structures were (i) G+ 1 Residential Cardozo & 151/1 constructed in the zone house Smt. Jessie (part), of 200 to 500 mts of (ii) To the South G+1 Cardozo 153/8, CRZ-III wherein the structure Pretty Petal (Respondent 153/11, construction activities Guest House with a No. 13 and 126/2, are permissible; that concrete stairway 14) 127/7 and there are no construction
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(Appeal No. 127/7-A (iii) To the East of licence, approved plans 15/2015) of Village the guesthouse is a from any competent Candolim, cottage admeasuring authorities and that the Bardez- 56 sq. mts. Floor Area Index Goa exceeds the permissible Sy. No. 151/1 F.A.R 33%, the Goa (i) Compound wall Coastal Zone raised by blocking Management Authority- traditional access on GCZMA to remove/ purchase of Sy. No. demolish the following 151/1 (read Sy. No. structures of the affected 150/1) without any parties Anthony setbacks and Cardozo and Jessy approvals. Cardozo namely:
Sy. No. 153/8 and 1. The commercial 153/11 area in second floor of Pretty Petals in (i) Total area of both the Sy. No. 150/3-C of plots is 2575 sq. mts. Village Candolim, in which 12 shops, 9 2. The compound wall garages on the around Sy.No. ground floor, 10 150/3-C running dwellings on the 1 st along the Sy.No. floor. Built up area is 150/1 (part) of 1082.04 sq.mts. FAR Village Candolim, 49.29% as against the 3. The rooms existing permissible FAR in the 2 nd floor and 33%. 3rd floor in the (ii) Structure commercial area of admeasuring 500 Rising Wave in sq.mts. is erected. Sy.No. 153/8 and (iii) Garages 153/11 of Village converted to shops. Candolim, Total is 16. 4. The 2 nd floor of the (iv) 2nd floor of 6 flats 3rd structure and of of 400 sq. mts. area the 4 th structure in constructed above Sy.No. 126/2 of Page 26 of 45
without approvals. Village Candolim, 5. The swimming Sy.No. 126/2, 127/7 pool having an area and 127/7-A of 36 sq.mts and (i) Hotel of 4 (G+1) existing between structures ground+2 floors of (ii) Swimming pool 3rd and 4 th structure 36 sq. mts. triangular in Sy.No. 126/2 of in shape Village Candolim, (iii) Ground floor 6. All four shops in resort restaurant in Sy. the additional No. 127/7-A- structure existing admeasuring 72 along the 1 st sq.mts. structure of (iv) Ground floor ground+1floor in resort kitchen in Sy. Sy.No. 126/2 of No. 127/7- Village Candolim admeasuring 81 sq. and mts. 7. The compound wall (v) Plots 126/2 and constructed only 127/7 A purported to around Sy.No. amalgamate. 126/2 and 127/7 of (vi) Compound wall Village Candolim. around Sy. Nos. 126/2, 127/7 and 127/7 A without approval.
8. Shri. Sy. No. (i) 2 storeys (G+1) Considering the Santana 150/3-A structure existence of a residential Pires (part) of (ii) Encroachment on house 1989-90 prior to (Respondent Village public road and the date of CRZ No. 8) Candolim, amalgamation Notification 19-02- Bardez- (iii) Compound wall of 1991, that the new (Appeal No. Goa 17mts. without construction was for 16/2015) any setback residential as well commercial, the area of the residence of the
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affected party on the ground and first floor to be maintained. The portion of Moonlight Hotel on the ground floor and first floor to be removed/demolished and also the compound wall as the constructions are not in accordance with law. The Goa Coastal Zone Management Authority (GCZMA) to remove/demolish the following structures in the property surveyed under no. 150/3-A (part) of Candolim Village and belongs to the Santana Pires.
i. The portion of the structure ground floor and first floor of the Moonlight Hotel. ii. Compound wall of 17 mtrs.
9. Mrs. Sy. No. Extension towards the The affected party has a Milagrina 150/7 West of the existing mundkarial residential D’Souza (part) of structure admeasuring house in the area of 300 (Respondent Village 51 sq. mts. without sq.mts. entitled to a No. 18) Candolim, approval. Mundkar. As per the
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Bardez- Check list relied by the (Appeal No. Goa previous Inquiry 17/2015) Committee there is an extension of 51 sq.mts. to the old existing structure for the residential purpose. There are no documents indicating at what point of time the extension to the old mundkarial house was carried. Consequently, the built up area has to be considered vis-a-vis the area of the plot of 300 sq.mts. As the F.A.R consumed is only 25% less than the permissible 33 %, Goa Coastal Zone Management Authority to drop the Show Cause Notice issued for demolition of the structure of Milagrina D’Souza existing in the property surveyed under Sy.No. 150/7 (part) of Village Candolim. 10. Mrs. Sy. No. (i) Concrete floored Considering that the Romana 150/7 porch with masonry survey plan indicates the Fernandes (part) of pillars, mangalore roof existence of the (Respondent Village on Northern side of structure right from the No. 19) Candolim, old house in or about time the survey plan was Bardez- 2004. prepared in 1971-972; (Appeal No. Goa (ii) Temporary that the structure was
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18/2015) kitchen reconstructed the residential house of with concrete floor mundkar; that the new masonry wals, construction consisting mangalore tiled roof. three cottages in a row (iii) Open air house was for residential restaurant without as well as commercial the required purpose; that the F.A.R permission. is 71.66 % as against the (iv)Attached cottages permissible of 33%, the constructed in 2009 Goa Coastal Zone without approvals. Management Authority- GCZMA to maintain the residential area of structures in Sy.No.150/7 (part) and remove/ demolish the area of structures used for commercial purpose and the staircase for the provision of first floor in the property surveyed under Sy.No. 150/7 of Village Candolim of Romana Fernandes.
In the light of above, the reports of Inquiry Committee are hereby placed before the Authority for its final decision. (Annexure ‘IV colly’)
The Authority may deliberate and decide on whether to accept the report of the Inquiry Committee and findings therein and to decide accordingly.
Item No. 3 : (Approval for the community Projects)
The GCZMA is in receipt of following project proposals / applications pertaining to the community projects from the concerned Government Departments / Autonomous bodies / local bodies, etc. seeking approvals / CRZ Clearance / recommendation from this Authority under the CRZ Notification 2011, as amended.
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Case No. 3.1
Recommendation / Permission for proposed development work of “Construction of Junaswada Footbridge at Mandrem Beach, Mandrem, Pernem – Goa” under Integrated Coastal Circuit Development in the property bearing Sy. No. 275/1, Mandrem, Pernem Taluka by the Goa Tourism Development Corporation Ltd.
Background: The Office of the GCZMA is in receipt of a project proposal submitted by the Goa Tourism Development Corporation Ltd. vide letter bearing No. W-103/PC/GTDC/2015- 16/1162 dated 10/03/2016 seeking recommendation / permission of the GCZMA for proposed development work of “Construction of Junaswada Footbridge at Mandrem Beach, Mandrem, Pernem – Goa” under Integrated Coastal Circuit Development in the property bearing Sy. No. 275/1, Mandrem, Pernem – Goa. The GTDC has further stated that the proposed Construction of Junaswada Footbridge at Mandrem Beach is required in order to provide beach access for the tourists. Further, it is stated that M/s. Fourth Dimension Architects Pvt. Ltd. has been appointed by the GTDC as Project Management Consultant for the said project. The Form I & XIV submitted with respect to the property bearing Sy. No. 275/1, Mandrem Village, Pernem shows Government of Goa as the owner of the said property.
Site Inspection Report: The site was inspected by Shri. Ragunath Dhume and Dr. Savita Kerkar, Expert Members (GCZMA) on 13/04/2016. The observations noted and submitted by Dr. Savita Kerkar are as follows: • The ‘Plot’ where the development is proposedis in Sy. No. 271/1and exists in the DSLR map within 200 m of the HTL. • Two foot bridges (wooden) already exist: one wooden footbridge has access to a Russian Shack as the sign board is in Russian script. The other wooden bridge is accessed by tourist & locals going to the beach. • The existing wooden bridges are installed over a “creek” which is over the path going to the beach. This creek is surrounded by mangroves and muddy soil with a lot of natural fauna like oysters, clams, tube worms, crabs, etc. • The creek is influenced by the tides. • The enclosed plan shows multiple concrete pillars in the creek to support the bridge which may be detrimental to the existing flora and fauna. These views shared with the GTDC members present and they were requested to re-submit a revised plan with only two pillars in the creek, not to affect nor disturb the existing flora & fauna in this area. • They were also requested to make a presentation during the following GCZMA meetings, so that the other members could also give their inputs so as to bring about the ‘Minimal’ disturbance in this ‘Pristine’ area. The existing wooden bridges are very eco-friendly, however, the bridge has to be re-built & erected every year (as informed by the GTDC members present for inspection). • Mr. R. Dhume had suggested many changes with reference to the proposed plan and could be added to this report to facilitate the decision making.
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• Garbage is being dumped along these mangroves.
The observations noted and submitted by Shri. Ragunath Dhume are as follows:
• Two laterite boulders seen in the creek of size 1.5 to 2 m approx. length and are one metre wide near existing wooden bridges. • Two wooden bridges are close to one another with gap of 4 m at one end and nearly touching at start. • Consultants are directed to reduce width of bridge from 3 mts to 2 mts. • Pillars of bridge will be reduced to 2 numbers along the centre line of bridge with 60 cms diameter and cantilever slab on the top. • Floor of bridge to be with structural steel instead concrete. • Minimum concrete work to be used. • Existing wooden bridges are not in proper order. Copy of the site inspection report is enclosed herewith as Annexure ‘V’.
In this regard, the matter is placed before the Authority for brief presentation by the Goa Tourism Development Corporation Ltd., and for final decision in the matter.
Item No. 4 (Construction/Repair/Renovation/Reconstruction of existing Residential Houses / structures in CRZ-III area)
The GCZMA is in receipt of following proposals for repair / renovation / reconstruction of existing residential houses / structures in CRZ – III area. The CRZ Notification 2011 permits such activities in CRZ – III area thereby not exceeding existing Floor Space Index, Plinth area, density and subject to condition that the structure should not be used for commercial purpose and not to be sold or transferred to the nontraditional community. However, the project proponent / applicant is required to obtain requisite NOC / Permissions, etc. which are required under the law before commencement of work.
Case No. 4.1 Recommendation for proposed renovation of house bearing No. 99A located in the property bearing Sy. No. 9/8 of Agonda Village, Canacona Taluka by Mr. Prakash Shaba Fal Desai & Mr. Chandrakant Shaba Fal Desai
Background: The aforementioned applicant has sought permission / recommendation for proposed renovation of house bearing No. 99A located in the property bearing Sy. No. 9/8 (CRZ III area) of Agonda Village, Canacona - Goa. The applicant’s father’s name is reflected in Form I & XIV. The applicant has also submitted copies of house tax dated 31/03/1983 thereby indicating that the structure under reference is esists prior to year 1991. The applicant has also submitted a copy of Certificate of the Village Panchayat bearing No. VPA/CAN/2014-15/64 dated 02/05/2014 wherein it is stated that the said house was registered in the name of Mr. Shaba Page 32 of 45
Fal Desai from 1981-82 to 2011-12 and from the year 2012-13 to till date i.e. 02/05/2014 the said house has been transferred and partitioned in two parts 99/A-1 (Mr. Prakash Fal Desai) and 99/A-2 (Mr. Chandrakant Fal Desai).
Site Inspection Report: The site was inspected by Shri. Ragunath Dhume and Dr. Antonio Mascarenhas, Expert Members (GCZMA) on 14/11/2014. The inspection report prepared by Dr. Antonio Mascarenhas indicates that there exists a single house in the locality. There exists an access by Village road. There is a creek on the other side of road, distance not known. There exists an old house within the plot. The applicant’s father is the original owner of the house (Shaba Fal Desai). The house is not shown in DSLR plan; but the applicant has submitted certificates dating back to 1982, as well as Panchayat certificate about the existence of a house. The applicant’s brother has issued a NOC for the repairs / renovation of house. Copy of the site inspection report was enclosed as Annexure ‘VI’.
The Authority may deliberate and decide.
Case No. 4.2 Recommendation for proposed reconstruction of house bearing H. No. 63 located in the property bearing Sy. No. 153/2E, Ambelim Village, Salcete Taluka by Mr. Albin Michael D’Silva.
Background: The applicant has sought permission / recommendation for proposed reconstruction of house bearing H. No. 63 in the property bearing Sy. No. 153/2E, Ambelim Village, Salcete - Goa. The applicant has submitted a copy of deed of gift between Mr. Caetano V. D’Silva & 6 Ors. (referred to as the Donors) and Mr. Albin Michael D’Silva, S/o. Joaquim Mathew D’Silva (referred to as the Donee), copy of certificate issued by the Mamlatdar of Salcete wherein it is stated that Mr. Albin Michael D’Silva is residing at H. No. 63, Ambelim since birth, copies of tax receipts, death certificate of Joaquim Mathew D’Silva. The applicants name is reflected in Form I & XIV.
Site Inspection Report: The site was inspected by Dr. Antonio Mascarenhas and Shri. Ragunath Dhume, Expert Members (GCZMA) on 26/03/2016. The inspection report prepared by Dr. Antonio Mascarenhas indicates that the applicant is Mr. Albin M. D’Silva desires to reconstruct his residential house. He is one of the owners of the property (S. No. 153/2E) as seen in Form I & XIV. The existing house is not shown in DSLR plan. The plot falls in the NDZ. File records show that house tax is paid since 1987 and the electricity meter was fixed in 1997 (H. No. 63). However, the certificate from the Mamlatdar shows that the applicant is residing in H. No. 63 at Ambelim since his birth. Copy of the site inspection report was enclosed as Annexure ‘VII’.
The Authority may deliberate and decide.
Case No. 4.3
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Recommendation for proposed reconstruction of house bearing H. No. 185 located in the property bearing Sy. No. 12/1, Dando – Challe, Pale Village, Velsao, Mormugao Taluka by Mrs. Ana Maria D’Mello Fernandes.
Background: The applicant has sought permission / recommendation for proposed reconstruction of house bearing H. No. 185 located in the property bearing Sy. No. 12/1, Dando – Challe, Pale Village, Velsao, Mormugao - Goa. The applicant has submitted a copy of Certificate issued by the Village Panchayat of Velsao– Pale- Issorcim wherein it is stated that the house bearing No. 185 situated at Dando – Challe, Velsao is in existence since 1978 and Mrs. Ana Maria D’Mello Fernandes is paying tax since the year 2012-15. The applicant has also submitted a copy of deed of sale between Mr. Marconi De Souza alias Caetano Rosario De Souza & Anr. and Mrs. Ana Maria D’Mello, a copy of Certificate of Registration for fishing vessel issued by the Director of Fisheries, copies of electricity and water supply bills, copy of certificate of registry of fishing boat dated 04/08/2014 issued by Merchant Shipping, Govt. of India to Mr. Joaquim Menino Fernandes. The house is not shown on DSLR plan. The applicants name is reflected in Form I & XIV.
Site Inspection Report: The site was inspected by Dr. Antonio Mascarenhas and Shri. Ragunath Dhume, Expert Members (GCZMA) on 07/04/2015. The inspection report prepared by Dr. Antonio Mascarenhas indicates that the applicant is Mrs. Ana Maria D’mello Fernandes wishes to reconstruct her house located in Sy. No. 12/1. She is one of the owners of the property; of the remaining 7 owners, one is PWD. The house is not shown on DSLR Plan. The house is however existing; a note from the Panchayat says that the house is existing but not registered. The attached electricity bills show the meter of house No. 185 was fixed in 1991. The sale deed in the file needs to be checked by the GCZMA lawyers. The Sarpanch, Mr. H. D’Mello should be held accountable if the above facts are not true, as the property falls in the NDZ. Copy of the site inspection report was enclosed as Annexure ‘VIII’.
The Authority may deliberate and decide.
Case No. 4.4 Recommendation /Permission for proposed reconstruction of house bearing H. No. 887 located in the property bearing Sy. No. 156/15, Candolim Village, Bardez Taluka by Vanita Perpetual De Souza.
Background: The applicant has sought permission / recommendation for proposed reconstruction of house bearing H. No. 887 located in the property bearing Sy. No. 156/15, Candolim Village, Bardez - Goa. The applicant has submitted a copy of deed of sale executed between Mr. Mervyn Fernandes & 5 Ors. (referred to as the Sellers) and Mrs. Vanita Perpetual De Souza (referred to as the Purchaser). The applicant has also submitted a copy of house tax receipt. The house is shown in DSLR plan. The applicants name is reflected in Form I & XIV.
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Site Inspection Report: The site was inspected by Dr. Antonio Mascarenhas and Shri. Ragunath Dhume, Expert Members (GCZMA) on 21/10/2015. The inspection report prepared by Dr. Antonio Mascarenhas indicates that the applicant is Ms. Vanita P. De Souza proposes to reconstruct the existing residential house. The applicant is the owner of the property. Her name is found in Form I & XIV (156/15). The structure is shown in DSLR plan; the house is quite old. The distance from HTL is not known, as the 200 m line is not marked on plan. The attached plan is for a G+1 house not exceeding the plinth. The Sale deed has to be checked by the GCZMA lawyers. Copy of the site inspection report was enclosed as Annexure ‘IX’.
The Authority may deliberate and decide.
Case No. 4.5 Recommendation /Permission for proposed reconstruction of house bearing H. No. 40 located in the property bearing Sy. No. 103/11, Nagorcem - Palolem Village, Canacona Taluka by Mr. Manuel Lobo.
Background: The applicant has sought permission / recommendation for proposed reconstruction of house bearing H. No. 40 located in the property bearing Sy. No. 103/11, Nagorcem - Palolem Village, Canacona - Goa. The applicant has submitted a copy of letter dated 05/11/2015 issued by the DSLR wherein it is stated that the property bearing Sy. no. 103/11, Nagorcem - Palolem Village is falling within 200 m from HTL extracted from certified CRZ map of Nagorcem – Palolem, Canacona, a copy of Certificate dated 14/05/2012 issued by the Office of Canacona Municipal Council stating that the house bearing No. 230 stands registered in the name of Andru Sequeira in the year 1980-81 and after reassessment in the year 1996-97 the house bearing No. 40 W. No. IX stands registered in the name of Shri. Manuel Lobo and a copy of Affidavit cum No objection of Mr. Dhillon V. Desai issued to Mr. Manuel Lobo to repair / renovate / reconstruct the said house, a copy of challan issued by the Department of Excise as a licence fee for one palm still for manufacture of palm still liquor out of toddy drawn for the period from June 2012 to December 2012, a receipt issued by Toddy Tappers Welfare Fund Board, a copy of certificate issued by All Goa Toddy Tapper’s Association wherein it is stated that Manuel Lobo belongs to the “Christian Renders” Community / Class. The name of Mr. Dhillon V. Desai is reflected in Form I & XIV.
Site Inspection Report: The site was inspected by Dr. Antonio Mascarenhas and Shri. Ragunath Dhume, Expert Members (GCZMA) on 09/02/2016. The inspection report prepared by Dr. Antonio Mascarenhas indicates that the applicant Mr. Manuel lobo intends to rebuild his house in Sy. No. 103/11, Palolem. His name does not feature in Form I & XIV. The owner of the property is Mr. Dhillon Desai. The house is located about 100 m from the HTL. The owner Mr. Dhillon Desai has given an Affidavit stating that he has no objection to the reconstruction of the above house. The Chief Officer has certified that house no. 40 is registered in the name of Mr. Lobo since 1996-1997, under Canacona Municipality. Note that this house does not feature in the
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DSLR plan, but seems to be existing atleast since 1996. Copy of the site inspection report was enclosed as Annexure ‘X’.
The Authority may deliberate and decide.
Case No. 4.6
Recommendation /Permission for proposed repair and renovation of house bearing H. No. 267 located in the property bearing Sy. No. 124/21, Agonda Village, Canacona Taluka by Mr. Sancio C. Afonso.
Background: The applicant has sought permission / recommendation for proposed repair and renovation of house bearing H. No. 267 located in the property bearing Sy. No. 124/21, Agonda Village, Canacona - Goa. The applicant has submitted a copy of letter dated 20/09/2011 issued by the Village Panchayat of Agonda wherein it is stated that the said house was registered in the name of Smt. Anaquiteria Borges from the year 1980 -81 to 2010 – 11 and from the year 2011-12 to till date the said house has been transferred in the name of Sancia Afonso, a copy of letter dated 06/07/2015 issued by the DSLR wherein it is stated that the said property is falling within 200 m from the HTL as extracted from the certified CRZ map of Agonda, Canacona, copy of house tax receipt for the year 2013- 14 to 2015-16. The applicants name is reflected in Form I & XIV.
Site Inspection Report: The site was inspected by Dr. Antonio Mascarenhas and Shri. Ragunath Dhume, Expert Members (GCZMA) on 09/02/2016. The inspection report prepared by Dr. Antonio Mascarenhas indicates that the applicant Mrs. Sancia Afonso intends to repair / rebuild the house in Sy. No. 124/21. The applicant is the owner of property as shown in Form I & XIV. The house is not shown in DSLR plan, but is shown in the re-surveyed plan of 2006. The structure is located in NDZ, about 120 m from the HTL. A certificate from the Sarpanch of Agonda states that H. No. 267 is transferred to Sancia Afonso in 2011, and was registered in 1980-81. Note that the house tax receipts are not attached. Note that this house is very close to the Village road, is bound by TCP setbacks. Copy of the site inspection report was enclosed as Annexure ‘XI’.
The Authority may deliberate and decide.
Case No. 4.7
Recommendation /Permission for proposed addition of first floor to the existing ground floor of the house bearing H. No. 57 located in the property bearing Sy. No. 103/10, Nagorcem - Palolem Village, Canacona Taluka by Mrs. Lidia Cardozo.
Background: The applicant has sought permission / recommendation for proposed addition of first floor to the existing ground floor of the house bearing H. No. 57 located in the property bearing Sy. No. 103/10, Nagorcem - Palolem Village, Canacona - Goa. The applicant
Page 36 of 45 has submitted a copy of NOC dated 29/11/2007 issued by the Canacona Municipal Council for repair & renovation of the said house, a copy of NOC dated 17/08/2007 issued by the GCZMA for repairs & renovation of the said house, a copy of letter issued by the DSLR dated 03/09/2015 wherein it is stated that the said property is falling within 200 m from the HTL extracted from certified CRZ map of Nagorcem – Palolem, Canacona and also submitted a copy of certificate issued by all Goa Toddy Tapper’s Association wherein it is stated that Mrs. Lidia Cardozo, D/o. Pedro Cardoso belongs to the “Christian Renders” Community / Class. The name of father of applicant i.e Pedro Cardozo is reflected in Form I & XIV.
Site Inspection Report: The site was inspected by Dr. Antonio Mascarenhas and Shri. Ragunath Dhume, Expert Members (GCZMA) on 09/02/2016. The inspection report prepared by Dr. Antonio Mascarenhas indicates that the applicant wishes to add another floor to existing house in Sy. No. 103/10. The name of applicant Lindia Cardozo does not feature in Form I & XIV; however, the name of Mr. Pedro Cardozo is found amongst 10 other owners of the plot. The original structure is shown in DSLR plan. The distance from HTL is about 120 m, on landward side of village road. The GCZMA had given approval for the construction on 17/08/2007; subsequently, it was ratified by the Canacoan Municipal Council on 29/11/2007. Copy of the site inspection report was enclosed as Annexure ‘XII’.
The Authority may deliberate and decide.
Case No. 4.8
Recommendation /Permission for proposed reconstruction of the house bearing H. No. 252 located in the property bearing Sy. No. 79/1, Nagorcem - Palolem Village, Canacona Taluka by Mr. Abhay P. Dhuri.
Background: The applicant has sought permission / recommendation for proposed reconstruction of the house bearing H. No. 252 located in the property bearing Sy. No. 79/1, Nagorcem - Palolem Village, Canacona - Goa. The applicant has submitted a copy of certificate issued by the Canacona Municipal Council dated 01/04/2008 wherein it is stated that as per the house tax register the house bearing No. 717 & H. No. 718 at Patnem – Colomb was registerd in the name of Pandurang Dhuri up to 1995-96 subsequently after re-assessment in the year 1996- 97 the house bearing No. 249 & H. No. 252 is register in name of Mr. Abhay P. Dhuri. A copy of Order bearing No. CRZ / MATTER/27/2008 dated 29/05/2008 of the Chief Officer of Canacona Municipal Council wherein the Show Cause notice issued to Mr. Abhay Dhuri with regard to the house under reference, cow shed and store are discharged as the said structures existed prior to 1991. The applicant has also submitted various copies of house tax receipts pertaining to H. No. 718. The name of Pandurang Dhuri is reflected in Form I & XIV in other rights column as a occupant of the house and a hut.
Site Inspection Report: The site was inspected by Dr. Antonio Mascarenhas and Shri. Ragunath Dhume, Expert Members (GCZMA) on 09/02/2016. The inspection report prepared by Dr. Page 37 of 45
Antonio Mascarenhas indicates that the applicant Mr. Abhay Dhuri intend to reconstruct his house. His name does not feature in Form I & XIV; however the name of Shanu Dhuri is found. The plot is owned by three individuals. An old house exists in the plot and it is shown in the DSLR plan. The structure is located about 20 m from the HTL. A certificate issued by the Chief Officer of Canacona Municipal Council states that the house is registered in the name of Abhay Dhuri (H. No. 249) since the year 1996. Copy of the site inspection report was enclosed as Annexure ‘XIII’.
The Authority may deliberate and decide.
Case No. 4.9
Recommendation /Permission for proposed repair and renovation of the house bearing H. No. 793 located in the property bearing Sy. No. 73/12, Anjuna Village, Bardez Taluka by Mr. Karan Pal.
Background: The applicant has requested for grant of permission / recommendation for proposed repair and renovation of the house bearing H. No. 793 located in the property bearing Sy. No. 73/12, Anjuna Village, Bardez - Goa. The applicant has submitted a copy of deed of sale and conveyance between Mr. Clive De Santa Maria & 5 ors. (referred to as ‘the Vendors’) and Mr. Karan Pal (referred to as ‘the Purchaser’), copy of house tax receipt and electricity payment receipt, a copy of authority letter. The structure is shown in DSLR plan. The name of Mr. Clive De Santa Maria is reflected in Form I & XIV.
Site Inspection Report: The site was inspected by Shri. Ragunath Dhume, Expert Member (GCZMA) on 18/04/2016. The inspection report indicates that the existing land is residential. There exists an access. The proposed plot is within 200 m from the HTL. There exists a structure within the plot. The ownership documents verified. The house existing is before 1991. It is a old residential house. The structure is shown in DSLR plan. Copy of the site inspection report was enclosed as Annexure ‘XIV’.
The Authority may deliberate and decide.
Case No. 4.10
Recommendation /Permission for proposed repair of the house bearing H. No. 731 (i.e. house A) and reconstruction of the house bearing H. No. 729 (i.e. house B) located in the property bearing Sy. No. 129/60, Anjuna Village, Bardez Taluka by Mr. John Anacleto Pinto.
Background: The applicant has requested for grant of permission / recommendation for proposed repair of the house bearing H. No. 731 (i.e. house A) and reconstruction of the house bearing H. No. 729 (i.e. house B) located in the property bearing Sy. No. 129/60, Anjuna Village, Bardez - Goa. The applicant has submitted a copy of Affidavit of Mr. John A. Pinto, a Page 38 of 45 copy of deed of sale between Mr. Joaquim Pinto & Anr. (referred to as the Sellers) and Mr, John A. Pinto (referred to as the Purchaser), copy of photographs of the said houses / structures, copies of various house tax receipt from the year 1984 – 85 etc. The structures are shown in DSLR plan. The name of the applicant is reflected in Form I & XIV.
Site Inspection Report: The site was inspected by Shri. Ragunath Dhume, Expert Member (GCZMA) on 18/04/2016. The inspection report indicates that the existing land is residential. There exists an access. The proposed plot is within 200 m from the HTL. There exists a structure within the plot. The house existing is old and with lime mortar joints in masonary. Photos of house attached. DSLR plan shows the houses and ownership document as Form I & XIV. Copy of the site inspection report was enclosed as Annexure ‘XV’.
The Authority may deliberate and decide.
Case No. 4.11
Recommendation /Permission for proposed reconstruction of the house bearing H. No. 718 located in the property bearing Sy. No. 131/83, Anjuna Village, Bardez Taluka by Mr. Rajat Sunilkant Poddar and Mrs. Nandini R. Poddar.
Background: The applicant has requested for grant of permission / recommendation for proposed reconstruction of the house bearing H. No. 718 located in the property bearing Sy. No. 131/83, Anjuna Village, Bardez - Goa. The applicant has submitted a copy of letter dated 05/04/2016 issued by the DSLR wherein it is stated that the property bearing Sy. No. 131/83, Anjuna Village is falling within 200 m from the HTL as extracted from certified CRZ map of Anjuna, Bardez – Goa, a copy of deed of sale between Mr. noel Louis D’Souza & 11 ors. (referred to as the Vendors) and Mr. Rajat Poddar & Mrs. Nandini R. Poddar (referred to as the Purchasers) a copy of letter / NOC dated 05/01/1991 issued by the Village Panchayat of Anjuna – Caisua to do repairs of the said house within the existing plinth, a copy of Certificate dated 23/12/2009 issued by the Village Panchayat of Anjuna – Caisua wherein it is stated that the said house is registered in the name of Mr. Joseph Rosario D’Souza from the year 1983-84. The applicant has also submitted house tax receipt for the year 1991. The name of the applicants are reflected in Form I & XIV.
Site Inspection Report: The site was inspected by Shri. Ragunath Dhume, Expert Member (GCZMA) on 18/04/2016. The inspection report indicates that the existing land is residential. There exists an access. The proposed plot is within 200 m from the HTL. There exists a structure within the plot. Ownership is verified. Structure is shown in DSLR plan. Copy of the site inspection report was enclosed as Annexure ‘XVI’.
The Authority may deliberate and decide.
Case No. 4.12
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Recommendation /Permission for proposed reconstruction of the houses bearing H. Nos. 1603-C, 1604/A, 1606/A located in the property bearing Sy. No. 57/2, Calangute Village, Bardez Taluka by M/s. Zephyr Holdings (represented by P.O.A. Mr. Pierre Lobo).
Background: The applicant has requested for grant of permission / recommendation for proposed reconstruction of the houses bearing H. Nos. 1603-C, 1604/A, 1606/A located in the property bearing Sy. No. 57/2, Calangute Village, Bardez - Goa. The applicant has submitted a copy of Affidavit of Mr. Pierre Antonio Jose Alex Lobo duly constituted attorney holder of M/s. Zephyr Holdings, a copy of deed of sale between Mrs. Saraswati R. Mandrekar & 13 Ors (referred to as the Vendors) and M/s. Zephyr Holdings ( referred to as the Purchaser), also a copy of deed of sale with respect to Sy. No. 57/2, Candolim (within limits of Village Panchayat of Calangute) between Mr. Shankar Mandrekar & Anr. Ors (referred to as the Vendors) and M/s. Zephyr Holdings ( referred to as the Purchaser), copy of Power of Attorney of Mr. Kishore Mansukahani & Anr. both partners of M/s. Zephyr Holdings appointing Mr. Pierre Lobo as the lawful attorney on behalf of them, copies of house tax receipts. The said houses / structures are shown in DSLR plan. The name of the applicants are reflected in Form I & XIV.
Site Inspection Report: The site was inspected by Shri. Ragunath Dhume, Expert Member (GCZMA) on 18/04/2016. The inspection report indicates that the existing land is residential. There exists an access. The proposed plot is within 100 m from the HTL of River Sinquerim. The exists structures within the plot i.e. one existing and two others up to ground. Ownership is verified. Two structures are demolished upto ground. One structure is existing. DSLR plan indicate the structures. Tax receipt shows the H. No. 1606/A, 1604/A nad 1603/C as per tax receipt endorsed by the applicant i.e. name of Shankar Mandrekar. Copy of the site inspection report was enclosed as Annexure ‘XVII’.
The Authority may deliberate and decide.
Case No. 4.13
Recommendation /Permission for proposed repair and renovation of the house (Change of roof) bearing H. No. 16/B located in the property bearing Sy. No. 112/1, Querim - Tiracol Village, Pernem Taluka by Mr. Jayant Raghunath Kerkar.
Background: The applicant has requested for grant of permission / recommendation for proposed repair and renovation of the house (Change of roof) bearing H. No. 16/B located in the property bearing Sy. No. 112/1, Querim - Tiracol Village, Pernem - Goa. The applicant has submitted a copy of Certificate dated 25/09/2010 wherein it is stated that the said house is existing since last more than 30 years, a copy of plan of DSLR prepared during re-survey for purpose of updating survey maps. The applicant has also submitted copies of house tax receipts. The name of the applicant is not figured in Form I & XIV.
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Site Inspection Report: The site was inspected by Shri. Ragunath Dhume, Expert Member (GCZMA) on 09/03/2016. The inspection report indicates that the existing land is residential. There exists an access. The proposed plot is on the HTL of river Tiracol. There exists a structure within the plot. The structure is existing on the site. No ownership document is available except a letter from the Village Panchayat whether this letter can be considered as authentic. Authority may decide. Copy of the site inspection report was enclosed as Annexure ‘XVIII’.
The Authority may deliberate and decide.
Item No. 5 (Proposals pertaining to development of Hotels/Beach Resorts project in CRZ- III area)
Case No. 5.1
Recommendation for amalgamation of plots and extension to existing Hotel in the properties bearing Sy. Nos. 73/1, 2,4, 74/1-7, 75/1, 76/1 of Village Arossim, Mormugao Taluka by M/s. Blue Coast Hotels Ltd. Background: The Applicant has sought permission / recommendation for amalgamation of plots and extension to existing Hotel located in the properties bearing Sy. Nos. 73/1, 2, 4, 74/1-7, 75/1, 76/1 of Village Arossim, Mormugao – Goa. The Applicant has submitted deed of sale between Mr. Mohammed Pasha & Anr. (referred to as the Vendors) and Morepen Hotels Ltd. (referred to as the Purchaser) with respect toproperty bearing Sy. No. 76/1, Arossim, deed of Sale between Mr. Vincente Joaquim Da Costa & Anr. (referred to as the Vendors) and Morepen Hotels Ltd. (referred to as the Purchaser) with respect to property bearing Sy. No. 74/2, Arossim, a copy of letter of M/s. Blue Coast Hotels Ltd., to the Mamlatdar of Vasco, Mormugao in respect of mutation of the property bearing of Sy. Nos. 74/4 and 74/6, Arossim and a copy of Certificate of incorporation after change of name from Morepan Finance and Investment Ltd. to Blue Coast Hotels Ltd. The name of M/s. Blue Coast Hotels Ltd., (Sy. Nos. 73/1, 2, 74/1, 3, 5, 7, 75/1, 80/1, 2, Arossim Village, Mormugao) is reflected in Form I & XIV
The salient features of the proposed extension to the existing Hotel building are indicated here below:- (i) Project Details:- The proposal involves extension of Hotel comprising of 12 nos. buildings / units having 18 rooms in the area between 200 to 500 m from the HTL. (ii) Location:- The project is proposed at the plot located in Sy. Nos. 73/1, 2, 4, 74/1-7, 75/1, 76/1 of Village Arossim, Mormugao – Goa. The proposed site falls under CRZ-III (iii) Total Project Cost:- N.A. (iv) Water Requirement:- From the already existing source. (v) Power Requirement:- From the already existing source. (vi) Building Area Statement: Total Plot Area : 1, 70, 425 m 2 Area within 0 to 200 m from HTL : 92, 232 m 2
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Area within 200 to 500 m from HTL : 78, 193 m 2 Existing covered area : 16, 701 m 2 Proposed covered area : 2966 m 2 Proposed area : 5499.44 m 2 Existing floor area : 25, 812.30 m 2 Proposed floor area : 5021.38 m 2 Total Floor area (existing + proposed) : 30, 833.68 m 2 Total Coverage (existing + proposed) : 19, 667.64 m 2 FAR Consumed : 24.8 % Site Inspection Report: The site was inspected by Shri. Ragunath Dhume, Expert Member (GCZMA) on 30/11/2015. The inspection report indicates that there exists a Hotel (Beach Resort) in the adjoining properties. The existing land has a Beach Resort. There exists an access. There exist dunes within 200 m of HTL. The proposed plot is between 200 to 500 m from the HTL. There exists a Hotel / Beach Resort within the plot. Ownership documents verified. Site falls between 200 to 500 m from HTL. The proposed project component is extension of Hotel project. Copy of the site inspection report is annexed herewith as Annexure ‘XIX’.
The Authority may deliberate and decide.
Item No. 6: (Water front Activities such as Barge Repairs / Barge Loading / Unloading Jetties / Land Acquisition, Erection of Ramps / Platforms etc.)
The GCZMA was in receipt of following application for grant of permission for water front activities which are regulated under para 4 of the CRZ Notification 2011 only if it requires waterfront & foreshore facilities.
Case No. 6.1:
Approval / Permission for proposed construction of twin jetty by demolishing old jetty in the property bearing Sy. No. 46/0 at Khamanol, Curchorem Village, Quepem Taluka by M/s. Rajaram N.S. Bandekar & Co. Pvt. Ltd. Background: The applicant has requested for grant of permission / recommendation for proposed construction of twin jetty by demolishing old jetty in the property bearing Sy. No. 46/0 at Khamanol, Curchorem Village, Quepem – Goa. The applicant earlier vide letter dated 14/10/2014 has sought permission for barge loading platform in the property bearing Sy. No. 46/0 at Khamanol, Curchorem Village, Quepem and further, vide letter dated 06/04/2016 has submitted a revised plan showing the existing barge loading jetty facility, wherein the applicant desires to demolish the old existing jetty and construct a new twin jetty facility on the same site. i.e. reconstruction and extension of the old jetty facility by removing the old structure. The applicant has submitted a copy of renewal of Consent to Operate dated 28/08/2014 issued by the GSPCB, permission dated 20/11/2009 to replace one G.I plate of the existing jetty issued by
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Curchorem – Cacora Municipal Council, NOC for barge loading jetty dated 30/06/2014 issued by Captain of Port Department, a copy of acknowledgement cum provisional certificate for non agricultural use of land dated 03/10/2013 issued by the Office of the Collector, South, copy of Judgement dated 16/04/2010 passed by Administrative Tribunal, Goa in Land Revenue Appeal No. 39/2007 and a copy of Conveyance of Sale. As per the Form I & XIV the said plot belongs to Government of Goa, and Govind S. Sawant. Site Inspection Report: An inspection for demolition of old jetty and construction of twin jetty in Sy. No. 46/0 at Khamanol, Cuchorem Village, Quepem Taluka was carried out by Mr. Ragunath Dhume (Expert Member of GCZMA) on 8 th March 2016 at 11:30 p.m onwards. The above inspection was carried out in view of application submitted by NRB group ref. No. VN/RNSB/GCZMA/SVM jetty/2016 dated 02/03/2016. During site inspection following observations are recorded:- 1) In Form I & XIV the name of occupant are 1) Government of Goa, Damana & Diu 2) Govind Savlo Sawant and applicants name appear in other rights column. 2) The photograph of existing jetty is attached. 3) The project proponent wishes to demolish existing jetty and construct new twin jetty details attached to file. 4) Whether E.I.A. is essential for proposed twin jetty may be decided by the Authority. 5) Applicant has submitted issued by the Captain of Ports N.O.C. for Barge loading jetty dated 30/06/2014. 6) Applicant has submitted a copy of license issued by Cacora Municipal Council for replacing one G.I. plate of the existing jetty. 7) Goa State Pollution Control Board has granted renewal of consent to operate dated 28/08/2014. 8) No mangroves present at the proposed site.
Copy of the site inspection report is annexed herewith as Annexure ‘XX’. The Authority may deliberate and decide.
Item no:7 To discuss and decide on the further course of action in pursuance to the order dated 09/02/2016 passed by Hon’ble NGT Pune in the matter of M.A.186/2014 in Application no.3 /2014 filed by Mr.Aleixo Periera v/s State of Goa & ors Background
Earlier an Application bearing no.3/2014 was filed by Mr. Aleixo Pereira v/s State of Goa & ors was filed before the Hon’ble National Green Tribunal , Pune interalia seeking to challenge legal proprietary of Tourism Policy for erection of temporary seasonal structures, beach shacks huts and others in private properties 2013-2016, quashing setting aside certain permissions as well as certain directions/contempt to be issued against various authorities. The said matter was
Page 43 of 45 disposed vide order dated 17/12/2014 along with various directions to the office Goa Coastal Zone Management Authority.
The Hon’ble National Green Tribunal, Pune upon hearing M.A.186/2014 in Application no.3/2014 was vide order dated 09/02/2016 interalia pleased to direct the GCZMA to revoke all permissions granted issued for temporary seasonal shacks/ huts/ cottages within a week.
Accordingly the issue regarding compliance of the aforementioned order was discussed and deliberated in the 125 th GCZMA meeting held on 11/02/2016. The authority in its 125 th meeting held on 11/02/2016 had decided as under:-
After detailed discussion and due deliberations, the Authority decided to comply with the Order dated 09/02/2016 passed by the Hon’ble NGT, Pune in Application No. 3/2014 in the matter of Mr. Aleixo Pereira V/s. State of Goa & Ors. and directed the Member Secretary to revoke all the provisional Approvals / permissions granted / issued to the project proponents for erection of temporary seasonal structures in private properties and comply with all the directions contained in the order once the same is uploaded on the website of the Hon’ble NGT and file a compliance report accordingly in consultation of the Government Advocate appearing for the GCZMA.
Accordingly the GCZMA issued revocation orders (dated 16/02/2016) to all the project proponents who had been issued the Provisional Permissions for erection of temporary seasonal structures / shacks/ huts/ cottages in private properties for the present tourist season.
In the meanwhile a petition bearing writ petition 325/2016 was filed by All Goa Private Property Shacks and huts owners Association before the Hon’ble High Court of Bombay at Goa interalia being aggrieved by order dated 09/02/2016 passed by the NGT,Pune in M.A no.186/2014 in Application no.03/2014 (WZ). The said order passed by Learned Tribunal was stayed by the Hon’ble High Court of Bombay at Goa vide various orders passed in the aforementioned writ petition.
The GCZMA pursuant to order dated 01/04/2016 passed in the said writ petition had filed brief affidavit dated 05/04/2016 setting out status of carrying capacity of the beaches issued to National Centre for Sustainable Coastal Management (NCSCM) in compliance with the directions of the National Green Tribunal. The GCZMA vide said affidavit had also placed on record the work order dated 29/03/2016 pertaining to Mapping of Sand Dunes which was issued to National Centre for Sustainable Coastal Management (NCSCM).
It may be noted now vide judgement/ order dated 20/04/2016 the Hon’ble High Court of Bombay at Goa was pleased to dismiss the said writ petition.
In the light of the above, the issue before the Authority is to decide further course of action in the matter.
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Item No. 8: Any other item with permission of Chair.
Sd/- (Member Secretary) Goa Coastal Zone Management Authority
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