MIUTES OF THE 37 th MEETIG OF THE GOA COASTAL ZOE MAAGEMET AUTHORITY HELD O 14/ 11 / 2007.

37.1 Item o. 1 The minutes of the 36 TH GCZMA meeting held on 10 / 09 / 2007 were confirmed.

37.2 Item o. 2 (Development in CRZII Areas) 37.2.1 Case o. 1 Proposed construction of a compound wall in Chalta o. 6 of P.T. Sheet o. 155 Vasco city, Mormugao Taluka, By Mr. Shaikh M. Iqbal. (GCZMA/S/2/07/ 13).

Decision : Approved, subject to the construction conforming to the local building byelaws and TCP guidelines.

37.2.2 Case o. 2 Proposed construction of a residential building in Chalta o. 54 & 55 of P.T. Sheet o. 152 Vasco city, Mormugao Taluka, By Mr. Albino S.C. Vales. (GCZMA/S/360).

Decision : Approved, subject to the construction conforming to the local building byelaws and TCP guidelines.

37.2.3 Case o. 3 Proposed repair and extension of first floor to the existing house in Chalta o. 90 of P.T. Sheet o. 155 Vasco city, Mormugao Taluka, By Dr. Shekhar V. Shetye. (GCZMA/S/2/07/23). Decision: Approved, subject to the construction conforming to the local building byelaws and TCP guidelines.

37.2.4 Case o. 4 Proposed construction of shops cum residential flats in Chalta o. 21 & 27 of P.T. Sheet o. 134 Vasco city, Mormugao Taluka, By Goa Housing Board, Porvorim Goa.. (GCZMA/S/2/07/16). Decision : Approved, subject to the construction conforming to the local building byelaws and TCP guidelines.

37.2.5 Case no. 5 CRZ approval for the proposed four lane Highway H17B from Verna Junction to Mormugao Port (stretch at Baina, Vasco) (GCZMA/S/331) Decision : GCZMA members noted that the proposed construction of the ational Highway is in CRZII area of Vasco City and the same can be permitted as per the CRZ guidelines. The proposal from HAI is therefore approved.

37.2.6 Case no. 6 Proposed Garbage Treatment Plant at Patto, Panaji near RuadeOurem Creek, by the City Corporation of Panaji (CCP) Shri Elvis Gomes, Commissioner, CCP and Adv. Aires Rodrigues, representing ‘Utt Goenkara’ (complainant) was present during the discussions. Shri Elvis Gomes stated that there is urgency in finding a solution to the Garbage problem particularly in light of the public health concern and the opposition staged by the public to every location selected for the purpose by the CCP. He also indicated that following their submission before the Hon’ble High Court in the petition filed by the LIC employees; the CCP had stopped dumping and composting garbage at their location at Patto, Panaji. He explained the salient features of the proposed bio-reactor plant and that it would take care of the biodegradable waste component of the garbage generated in the City. He further drew the attention of the GCZMA members that the said plant would not discharge any effluents and is purely a temporary measure to process the garbage on a temporary basis. Further he assured the Authority that the same will be removed as soon as the site for garbage plant is finalized and the land will be restored to its original condition. Adv. Aires Rodrigues contended that the works for construction of the plant started without any approvals from the Authorities concerned and is in total and blatant violation of the CRZ Notification, 1991 being barely 3 mts from the Rua de Ourem creek. He pointed out that as per the guidelines, MSW Rules and various judicial pronouncements; such plants ought to be constructed outside the city limits and away from the habitation. He also contended that in other states such plants which were constructed have been scraped. He indicated that such this plant would be totally unreasonable and waste of public money.

Decision : GCZMA Members deliberated on the matter in detail and took serious note of the fact that the CCP went ahead in setting up the plant even before obtaining the requisite approvals from the various authorities and more particularly from the GCZMA. It was seen that the area in which the construction has been carried out falls under CRZ –II (near one of the branches of the Rua—de Ourem creek) wherein the set backs can be can be relaxed being developed areas. GCZMA Members noted that public health is of paramount importance and that garbage disposal through safe means is necessary and is the need of the hour for the City of Panaji. The Members also noted that the proposed bio reactor plant is a purely temporary structure which can be dismantled at any time. GCZMA also took into account the authorization/ consent granted by the GSPCB. Considering all the facts above GCZMA decided to grant clearance from CRZ angle taking into account the larger public health interest. The CCP is directed to file their undertaking to the effect that there would be no discharge of any effluents in to the Rua—deOurem creek and its surroundings and that being a purely temporary measure, the plant would be removed once the CCP obtains requisite garbage disposal site where this plant can be shifted. CCP is also directed to restore the said area back to its original condition once the plant is removed. The plant should be operated as per the conditions specified by the GSPCB and the GSPCB should continuously monitor the functioning of the plant and ensure that no discharge of effluents takes place at site. It is also clarified that this structure will not be considered as the authorised structure in the said area and that the approval has been granted as a special case and in exception to the rule in light of the larger issue of public health.

Item o. 3 (Repair & Renovation/Development in CRZIII Area). 37.3.1 Case o. 1 PROJECT : Proposed repairs and renovation of existing structure in Sy. o. 101/1, 2 of Cavelossim village, Salcete Taluka, by Alan Acacio Camara (GCZMA/S/2/07/ 12). Decision : Deferred. The proponent is directed to produce erstwhile GSCCE clearance and all other relevant documents showing that the structure was constructed after following the due process of law.

37.3.2 Case o. 2 Proposed repairs and renovation of existing structure in Sy. o. 139/2 of ReisMagos village, Bardez Taluka, by Mr. V. Kamat (GCZMA//1/07/ 46). Decision : Approved, subject to the condition that the repairs and renovation shall be as per the existing plinth size only.

37.3.3 Case o. 3 Proposed repairs and renovation of existing structure in Sy. o. 431/1 of Colvale village, Bardez Taluka, by Mr. Keshav Shridhar Borkar (GCZMA//1/07/47). Decision : Deferred. The case of the proponent may be verified and the structure existing as on old survey plan be identified and the said verification be placed on record during the consideration of the proposal.

37.3.4 Case o. 4 Proposed repairs and renovation of existing house in Sy. o. 120/21 a of Palolem village, Canacona Taluka, by Mr. Bhikan G. Pagi (GCZMA/S/2/07/19). Decision : Approved, subject to the condition that the repairs and renovation shall be as per the existing plinth size only.

37.3.5 Case o. 5 PROJECT : Proposed repairs and renovation of existing structure in Sy. o. 268/3 of ArporaBaga village, Bardez Taluka, by Shri. Karan Singh (GCZMA//1/07/52). Decision : Approved, subject to the condition that the repairs and renovation shall be as per the existing plinth size only

37.3.6 Case o. 6 Proposed repairs of existing house in Sy. o. 248/22 of Calangute village Bardez Taluka by Mrs. Juliana Gonsalves (GCZMA//01/07/54) Decision : Approved, subject to the condition that the repairs and renovation shall be as per the existing plinth size only

37.3.7 Case o. 7 Proposed repair and renovation of existing House in Syk. o. 118/0 of Morjim Village, Pernem taluka by Shri Shyamsunder R. Vasta (GCZMA//1/07/63) Decision : Approved, subject to the condition that the repairs and renovation shall be as per the existing plinth size only

37.3.8 Case o. 8 Proposed repairs and renovation of the structure in Sy. o. 78/1 of ReisMagos village, Bardez taluka, Mr. Benedict D’Souza (GCZMA//1/07/19). The site was inspected by Dr. Simon De Souza. The site for the proposed structure is about 23.9 mts from the centre of the road. A structure is shown on the survey plan. The site comes under CRZ III zone of Reis Magos village. The said proposal was discussed in the 33 rd meeting held on 28/06/2007 and the same was not accepted as there is no existing structure at the site and that only some ruins are seen. The proponent again approached GCZMA vide letter dated 02/11/2007 with a photograph and letter from the Village Panchayat of ReisMagos for having paid taxes from year 1977 onward to show that his house was in existence. Decision: The site inspection report and the photographs of the site and the evidence produced by the proponent were reexamined. It is seen that there is neither an existing structure nor a part of the structure standing on site or a plinth of the old house at the site. Further, the directions of the Hon’ble High Court in Writ Petition o. 422/98 and 99/99 state that “till and until the survey and inquiry is completed, ….., no new licence for any type of construction in CRZIII zone shall be issued or granted, and no new structure of whatsoever nature shall be allowed to be constructed in CRZIII zone, except repairs and renovation of the existing houses …..”. The project appears to be for reconstruction of the old existing house now in complete ruins in the garb of repairs and renovations. As such the proposal is rejected.

37.3.9 Case o. 9 : Proposed expansion of Factory building in Sy. o. 258/0 of Usgao village, Ponda Taluka, by M/s MRF Ltd. (GCZMA//1/07/ 11). Decision: The GCZMA received a letter dated 16/04/2007 from the Town and Country Planning Department, PondaGoa for a clarification whether the CRZ otification, 1991 is applicable to the case of the proponent as the same is proposed along the bank of Khandepar river. The GCZMA examined the matter and the report of Dr. Simon De Souza, which indicates that the river stretch at the proposed site is not affected by tidal influence and may not attract CRZ provisions. The Authority is of the opinion that in order to verify whether the proposed project attracts provisions of CRZ guidelines or not, it is necessary that all the details of the project be placed before it. It is therefore decided to direct the proponent to produce all details before the GCZMA and the matter to be placed in the meeting only after all details as required by the GCZMA are placed on record.

37.3.10 Case o. 10 Proposed construction of Tourist Hotel in Sy. o. 135/18 of agorcemPalolem village, Canacona Taluka, by Goa Tourism Development Corporation Ltd. (GCZMA/S/2/07/ 17). Decision: The proposal stands rejected as the same falls in the CRZ III Zone and thereby hit by the directions of the Hon’ble High Court in Writ Petition o. 422/98 and 99/99 which read as follows “till and until the survey and inquiry is completed, ….., no new licence for any type of construction in CRZIII zone shall be issued or granted, and no new structure of whatsoever nature shall be allowed to be constructed in CRZIII zone, except repairs and renovation of the existing houses …..”.

37.3.11 Case o. 11 Proposed clearance for jetty operation in survey o. 3/8 of Sarvan village, Bicholim taluka. By Shri Jaiwant Chowgule (GCZMA//1/07/45). Decision: Deferred. The site inspection report prepared by Dr.Simon De Souza was examined and it is seen that the jetty already exist at site and that the proponent desires to seek CRZ clearance for the same. It was decided to direct the proponent to produce all documents as regards the clearance for jetty operations.

37.3.12 Case o. 12 Proposed Installation of Ore Loading facility in the property bearing Survey o. 373/0 of Surla village, Bicholim taluka by M/s V. M. Salgaonkar (GCZMA//436). Decision : Approved for commencement of operations subject to approvals being obtained to this effect from GSPCB and village Panchayat concerned.

37.3.13 Case o.13 Proposed construction of a protection wall at Mashem, in Poinguinin village, Canacona taluka by Executive Engineer, Works Division XXV(Roads), Fatorda, Madgaon. (GCZMA/S/2/07/21). Decision : The site inspection report was perused and it was seen that the retention wall requires to be constructed to prevent further erosion of the road. This is a CRZIII area. The GCZMA is of the opinion that the proposed retaining wall will not create any environmental hazard and it is a necessity or else the road will collapse. The project is therefore approved.

37.3.14 Case o.14 Proposed construction of bypass road from main MDR50 to Devavel beach at Rajbag Kindlebag, Canacona taluka by Executive Engineer, Works Division XXV(Roads), Fatorda, Madgaon. (GCZMA/S/2/07/21). Decision : The proposed road falls within the DZ of the river Talpona. It is observed from the site inspection report and the photographs that the said road is not required at all. The GCZMA has therefore decided to reject the same as not required.

37.3.15 Case o. 15 Proposed construction of a jetty in Sy. o. 89/1 of ReisMagos village, Bardez taluka, by Advani Pleasure Cruise Company Private Limited (GCZMA//1/07/34). Decision : The GCZMA has decided to defer the matter and direct the party to place on record the EIA report being prepared for the proposed jetty to be set up in the said area. Meantime the proponent is directed not to undertake any work.

37.3.16 Case o. 16 Proposed oC for extraction of river sand and pebbles along the Chapora River in Sal village of Bicholim taluka. (GCZMA//1/32/01). Decision : The proposal stands rejected as the same is listed as a prohibited Activity in the CRZ otification of 1991.

37.3.17 Case o. 17 Proposed acquisition of land for construction of road to Dedeshwar Temple in Survey os. 3/1, 46/3, 5/1, 7/1, 2, 3, and 4 of arva, Sao Matias village, Tiswadi Taluka by Executive Engineer, W.D.II, P.W.D., Panaji.(GCZMA//1/07/38). Decision : The site inspection report and the photographs taken at site were perused. It is seen that the area is bounded by water bodies and the river and that the closest point of the proposed road is at a distance of 23m from the nearest water body which is more than 100m wide. There exists on temple of Shri Dedeshwar at the northern end of the proposed road within 100m from aroa river. There are some ancient caves very close to the road alignment and a masonry structure DevlaTolli within a rectangle well. There are 23 mundcarial houses. A footpath is being used by the devotees visiting the temple. The proposed road alignment partly runs parallel to the water bodies within 100m from their banks. The water bodies are connected to each other and finally to the aroa River through a sluice gate. Since the proposed road is within the DZ of the arva river and since there are ancient caves on the site and construction of the road would disturb the same it is decided to reject the proposal.

37.3.18 Case o.18 Proposed land filling and coconut plantation in Sy. os. 170/1, 2, 3, 171/1, 2, 172/1, 2, 173/1, 2, 3, 4 and 174/4 of avelim village, Tiswadi taluka. by Mr. Panduranga R. Purushan.(GCZMA//1/07/61). Decision : The proposal stands rejected as land filling in the DZ is not permissible.

37.5 Additional items: 37.5.1.1 Case no. 1 Proposal from Raj Bhavan to renovate the existing jetty and staircase leading to the jetty including installation of lights and sitting benches Decision : The GCZMA has decided to call for the details of the project from the PWD and that the same is examined by two GCZMA members before considering grant of approvals.

37.5.1.2 Case no. 2 Proposal for wire mesh fencing by Ms. Vanessa Rodrigues in Survey nos. 136/4, 136/20 and 139/11 of Candolim village, Bardez Taluka(GCZMA//1/07/36) Decision : Approved.

37.5.1.3 Case no. 3 Proposal from Captain of Ports for dredging at the mouth of the river Sal Decision : It was seen that the mouth of river requires to be dredged to provide for safe navigation of fishing vessels. The proposal of the Captain of Ports for dredging of the mouth of the river only is approved subject to conditions that no dredged material shall be deposited in the DZ area

37.5.1.4 Case no. 4 Proposed repairs and renovation of a structure in survey no. 117/1E of Siolim village, Bardez taluka by Shri Dattaram Yeshwant Mayekar.

Decision : Approved with the condition that the proponent will maintain it as a structure with only a ground floor. o further construction/extension permitted.

37.5.1.5 Case no. 5 Proposal repairs and renovation of the existing hotel rooms and lobby in survey no. 132 of varca village Salcete Taluka by Ramada Caravella Resorts. Decision : The proponent is seeking approvals for internal renovations of rooms and lobby of the hotel which strictly does not fall in the purview of the CRZ guidelines as there no change in the plinth /floor size / area. GCZMA has no objections to the same.

37.5.2 Temporary structures in CRZ II areas in Baghvan Mahavir Park at Campal, opposite old GMC complex, for the period 22/11/2007 to 04/12/07 for IFFI2007 Decision : Permission for temporary structures granted for the period and purpose specified

37.4 Any other issues and matters with the permission of the Chair.

37.4.1 Case no. 1: Case of Shri Ravindra Jana / David Andrew D’Souza (WP 168/2007) is put up for decision. The complainant as well as the alleged violator was heard during the meeting held on 10/08/2007. The site inspection report of the Collector (orth) is placed on record and matter is put up for final decision of the GCZMA. Decision : The case was examined based on the panchanama received, the site inspection report filed by the Collector (orth), the reply filed by Shri David Andrew D’Souza to the Show Cause otice and the contentions of the complainant Shri Ravindra Jana. The observations of the Collector in his report are that • There is a permanent ground plus one structure which is surrounded by a boundary wall of around 6 feet in height. • That the distance of the structure (front edge of the boundary wall) from the far point of pioneering vegetation is about 132.5 sq mts and from the water front is about 171.5 mts. • The area enclosed by the boundary wall is 395.4 sq mts and the area of the permanent ground plus one structure is 167.73 sq mts. • The DSLR report shows that as per the survey record there was an old structure of 55 sq mts existing on the site. The plan shows the dimensions of the new structure and the location of the old structure which was demolished. As per the approved plan by GSCCE the proposed cover area is 119.37 sq mts and the structure is of an area of 167.73 sq mts on site. It is therefore decided to direct the party to remove the part of the structure that is not in consonance with the approved plan failing which the GCZMA will take necessary steps to demolish the area in excess of the approval.

37.4.2 Case no. 2: Proposal for installation of passive infrastructure (i.e. mobile tower) / other infrastructure / and maintenance of the same on the land owned by Mr. Jayesh Salgaonkar and others at Sy. o. 85/21A at Village Reis Magos, Bardez Goa. Decision : Deferred. The matter needs to be examined in detail visávis the requirement of such structures for infrastructure and communication network enhancement.

The meeting ended with the vote of thanks to the Chair

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