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Agenda Items for the 127 Meeting of the Goa

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Agenda Items for the 127 Meeting of the Goa 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.
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