AGENDA ITEMS FOR THE 178th MEETING OF THE GOA COASTAL ZONE MANAGEMENT AUTHORITY (GCZMA) TO BE HELD ON 10/07/2018 (TUESDAY) AT 3:30 P.M. IN THE CONFERENCE HALL, 2ND FLOOR, SECRETARIAT, PORVORIM – GOA.

Item No. 1:

Case No. 1.1

To discuss and decide on the Complaint dated 09/03/2016 with regard ,to alleged illegal construction of structure and using the same for commercial purpose in the name of U. V. Bar & Restaurant situated in the property bearing Sy. No. 128, Anjuna, Bardez – Goa carried out by Mr. Sandeep Chimulkar

1. The GCZMA was in receipt of a complaint letter dated 09/03/2016 from Mr. Desmond Alvares, R/o. H. No. 470, with regard to alleged illegal construction of structure and using the same for commercial purpose in the name of U. V. Bar & Restaurant situated in the property bearing Sy. No. 128, Anjuna, Bardez – Goa carried out by Mr. Sandeep Chimulkar, R/o. H. No. 1110, Mazal Waddo, Anjuna, Bardez- Goa. 2. upon receipt of the said complaint, the GCZMA issued a Show Cause Notice dated 28/04/2016 to Mr. Sandeep Chimulkar, to which reply was filed by him on 09/05/2016 stating that there are many sub division of Survey No. 128 of Village Anjuna and he owns some of the sub divisions as such inorder to file proper and detailed reply to the Show Cause Notice it is necessary to specify the sub division number. 3. Accordingly, in view of the same, a letter was issued to the Complainant with a direction to provide the specific sub-division number of the property bearing Sy. No. 128 of Village Anjuna, Bardez – Goa pertaining to the illegal activity in question. 4. Further, the Complainant, Mr. Desmond Alvares vide letter dated 16/08/2016 informed that the U.V. Bar & Restaurant is situated in the property bearing Sy. No. 128/30, 32 and 35 of Village Anjuna, Bardez – Goa. 5. Upon receipt of the said letter, a Show Cause Notice Cum Stop Work Order dated 26/09/2016 was issued to Mr. Sandeep Chimulkar in respect of the property bearing Sy. No. 128/30, 32 and 35 of Village Anjuna, Bardez – Goa. A reply dated 17/10/2016 was received for the said Show Cause Notice Cum Stop Work Order. The reply in brief states as under: a) He is the owner in possession of the property bearing Sy. No. 128/35 of Village Anjuna, Bardez – Goa only. b) The property bearing Sy. No. 128/30 and 32 does not belong to him and it belongs to Pooja Chimulkar and Medha Chimulkar.

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c) The structure referred to in the Show Cause Notice has been existing in the property bearing Sy. No. 128/35 prior to 19/02/1991 i.e. before coming into force of the CRZ Notification. d) the structure in question is also reflected in the DSLR Survey Plan. e) Also, a letter has been issued by the Village Panchayat stating that as per the demand and collection register of House and Light tax, the house bearing No. 719/1 stands in the name of Mr. Sandeep Chimulkar from the year 1985-86. f) Also, the Village Panchayat of Anjuna vide letter dated 12/10/1990 has granted NOC to keep tourist paying guest which proves the existence of the structure in the property and also, that the said structure was used for commercial purposes even prior to coming into force of the CRZ Notification. g) The issue of the legality of the structure came up for consideration before the Panchayat and a Show Cause Notice was issued, which he had replied to. The issue came up for consideration in resolution No. 142/2008-2009 and in the said resolution upon consideration of the records of the Panchayat and the survey records it was resolved to withdraw the Show Cause Notice thereby endorsing the legality of the structure and the fact that it has been in existence prior to 1991. h) The structure in the said property was in existence and was used for commercial purpose prior to coming into force of the CRZ Notification and the complaint is baseless and frivolous.

The said matter was placed in the 159th GCZMA meeting held on 10/10/2017 for grant of personal hearing to the parties wherein the Authority noted that the respondent sought time to submit written submission as he has received the notice late. The respondent was asked to submit written reply by 17th October 2017 with a copy to the complainant. Accordingly reply from Shri. Sandeep Chimulkmar dated 17/10/2017 received by this office enclosing certificate/NOC issued by the Village Panchayat Anjuna Caisua dated 12/10/1990 alogwith resolution passed issued by village Panchayat Anjuna- Caisua and copy of electricity bill of his house dated 28/08/1989.

The said matter was placed in the 161st GCZMA meeting held on 24/10/2017 for grant of personal hearing to the parties wherein respondent Mr. Sandeep Chimilkar submiited request letter before Authority seeking extension of 30 days time. Authority after discussion and perusing letter submitted by respondent decided to grant 30 days time for the applicant and decided to take up the matter in next Authority meeting on 29/11/2017.

The said matter was placed in the 164th GCZMA meeting held on 29/11/2017 Authority heard the both parties and directed respondent to produce documents stating that the structure is prior to 1991and bar licenses. Also original certificate from the Village Panchayat Anjuna stating that the structure present prior to 1991, before 06/12/2017to the office of Goa Coastal Zone Management Authority. Further Authority decided to

Page 2 of 30 take further call on the matter after receiving reply from the respondent. This office has not yet received any reply from the respondent. The said matter was placed for hearing during 170th GCZMA meeting held on 27/03/2018 wherein the Authority heard both the parties and decided to issue Show Cause Notices to Pooja Chimulakar and Medha Chimulkar who are owners of the said property. This office received a reply dated 28/05/2018 from Mrs. Pooja Chimulkar for said Show Cause Notice stating inability to file reply and requesting for additional time to file a reply.

The said matter was deliberated during 176th GCZMA meeting held on 22/06/2018 for grant of personal hearing to the parties, wherein as per the request by the respondent the authority decided to grant final opportunity to the respondent to submit relevant documents in support of his case.

In view of the above, the matter was placed before the Authority for grant of personal hearing to the parties.

Case No.1.2

To discuss and deliberate upon complaint filed by Cavelossim villagers Forum v/s M/s Village Panchayat Cavelossim bearing Original Application no.98/2018.

Background:

The office of GCZMA was earlier in receipt of an complaint dated 26/12/2017 from Cavelossim villagers Forum interalia stating alleged illegal construction of two structures and a Sewage Treatment Plant (STP) in NDZ in property bearing Survey No.109/1(P) of village Cavelossim, Taluka Salcete carried out by Byke Resort.

The applicant interalia being aggrieved by said activities further filed an application bearing no. no.98/2018. In this regard the site was inspected through Expert members GCZMA. A detailed site inspection report is laced before the Authority for discussion and deliberation in the matter.

The said matter was placed before the Authority during 175th GCZMA meeting held on 22/05/2018 wherein the Authority after discussion and in view of the above inspection report from the expert member decided to issue Show Cause Notice (SCN) to Byke Resort and decided to call the parties for personal hearing before the GCZMA Authority.

In view of the above, the matter was placed before the Authority for grant of personal hearing to the parties.

Case no. 1.3

To decide and discuss on the communication received from the Department of Public Grievances regarding “No action by the authorities in private orchard property for illegal construction in CRZ in S.Y. No. 58/1 at Morjim, Pernem , Goa.

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Background:

This office is in receipt of a letter from Department of Public Grievances regarding “No action by the authorities in private orchard property for illegal construction in CRZ in S.Y. No. 58/1 and 43/2 at Morjim, Pernem , Goa.

This office was in receipt of a complaint from Mr. Camilo C. Dsouza regarding illegal construction of structure in survey no. 58/1, Bhatirwado, Morjim, Goa by Mr. Domnic Fernandes and Anne Fernandes. The said complaint letter was forwarded to BDO- Pernem Goa and also Show Cause Notice dated 15/07/2015 was issued to the alleged violator, Accordingly this office received a reply enclosing documents from Mrs Annie fernandes on 17/08/2015 which states as under.

1. The house of Mrs. Annie Fernandes (widow) is a mundakairal dwelling house bearing house no. 77, which is standing in name off late grandmother in law in the purpose of house tax. The Village Panchayat Morjim has issued certificate dated 08/04/2010 state that as per the records available with village Panchayat Morjim the house bearing new H. No 77 situated at Bhatir wado, Morjim, Pernem, Goa is registered in the name of Mrs. Amelia Fernandes since 1987-88. And the house tax has been paid upto year 2007-08. 2. The late father in law of the respondent has been registered as Mundkar of the said dwelling house. 3. The name of the father in law of the respondent appearing in form I and XIV of the said property bearing survey no.58/1. 4. Late Dominic Fernades had filed application before the joint mamlatdar, Pernem for purchase of said mundkarial house and respondent along with children were allowed to purchase the said mundkarial house existing in survey no. 58/1, Morjim, Goa. vide judgment and order dated 21/07/2012. Accordingly respondent and along with 2 children became the owner of the in possession of an area of 300sq. mts of the said property. 5. The village panchayat had issued certificate for repair of said house dated 21/04/1984. 6. The said mundakarial house is existing much prior to the 1970. 7. The said house does not come within the purview of CRZ violation and said mundkarial house is beyond the CRZ limits. 8. The matter before Deputy director of Panchayat North at Panaji bearing case no. DDPN/Morjim/PER/80/2010 has already been dismissed by order dated 11/07/2013 for al purposes. 9. The respondent as not doing any construction as alleged by the complainant and no intention to do any construction.

Site inspection report dated 06/05/2011 by mamlatdar states that the applicant has preferred 300 sq mt options. The said dwelling house has plinth area 119.sq.mt and

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surrounding area is 184.30 sq.mt and the total area is 300 sq.mt there exists 3 coconut tree in demarcated area.

The said matter was deliberated during 177th GCZMA meeting held on 26/06/2018 wherein the authority after discussion and in view of the above decided to call the parties for personal hearing before the GCZMA Authority in its next meeting.

In view of the above, the matter was placed before the Authority for grant of personal hearing to the parties.

Case no. 1.4

To decide and discuss on the communication received from the Department of Public Grievances regarding “No action by the authorities in private orchard property for illegal construction in CRZ in S.Y. No. 43/2 at Morjim, Pernem , Goa.

Background: The Office of the Goa Coastal Zone Management Authority is in receipt of a complaint letter dated 13/07/2015 from Mr. Camilo C. Dsouza regarding illegal construction of structures in survey no. 43/2, Morjim, Pernem, Goa by Ms Laxmi Sahadev Parab and Sunil Sahadev Parab. The said complaint was forwarded to Deputy Collector Pernem on 18/01/2016 bearing no. GCZMA/N/ILL-Compl/15-16/162/2445. No reply has been received by this office. Further this office has received a letter from Department of Public Grievances dated 19/06/2018 to take action in the matter. The said matter was placed before the Authority in its 177th GCZMA meeting held on 26/06/2018, wherein the Authority after detailed discussion and deliberation decided to call the parties for personal hearing before the Authority.

In view of the above, the matter was placed before the Authority for grant of personal hearing to the parties.

Case no. 1.5

To decide on the Complaint letter dated 24/04/2018 from Cavelossim Villagers Forum, regarding alleged illegal construction in NDZ area of CRZ along the river bank in Mobor ward in 108/1 of Cavellosim , Salcete , Goa being carried out by M/s Silva Fisheries, Mobor, Cavellosim,Salcete, Goa.

Background: The Office of the GCZMA has received a Complaint letter dated 24/04/2018 from Cavelossim Villagers Forum, H No.314/L IBR –Plaza, Patrecantem, Cavelossim, Salcete, Goa, regarding alleged illegal construction in NDZ area of CRZ along the river bank in Mobor ward in 108/1 of Cavellosim , Salcete , Goa being carried out by M/s Silva Fisheries, Mobor, Cavellosim,Salcete, Goa.

Site Inspection Report

A site inspection was carried out by Dr. Prabhakar Shirodkar and Eng. Audhoot Bhonsule along with the DSLR representatives, Mr. Kiran Gawde and Mr. Mandar

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Phadte on 29/06/2018. At site, the complainants from Cavelossim Villagers Forum present were Mr. Irish Pasannaha, Mr. Herculano Alfonso, Mr. Sanford Barretto and Mr. James D’Costa. Whereas, from the alleged violators side the members present were Mr. Sebastiano D’Silva – the owner, Mr. Sagiter Paroyds and Mr. Imran Sayed. Also present was Mrs. Sandhya Shet Shirodkar, who is the Secretary of the V. P. of Cavelossim. The details of site inspection are as follows;

i) The site with Sy. No. 108/1 is along the bank of Sal River at Mobor in Cavelossim. ii) At site, one huge new structure is constructed touching the old structure. The new structure is having intermittent concrete beams at first floor level at a height of 3 m. iii) Above this 3m height, the sloppy RCC roof slab has been casted with the final heights on both sides of the structure of 5.2 m with the centre height of 7.46 m. iv) The alleged violator says that the height of the newly constructed Workshop is increased because he needs to operate the crane trolley inside the workshop on the first level beams. However, nothing could be seen at the central portion of the beams. It appears that in future the first floor could be constructed to the said structure. v) The Complainant showed the earlier old structure existing at site, which is just lying 5 m away from the bank of Sal River. It was earlier used as a workshop, and now, by taking advantage of the NOC from GCZMA, the violator has constructed a three times bigger structure touching the old structure from behind, without removing the existing old structure from the site. vi) The measurements taken by DSLR representatives at site indicated that the plinth area of the earlier existing structure at site is 160.00 sq. m. whereas, the plinth area of the newly constructed Workshop is 479.00 sq. m. vii) Besides this, towards the left of the Workshop, another rectangular room has been constructed by the alleged violator, which is also just around 7 m from the river bank. viii) The room constructed is with a RCC flat roof with a provision of reinforced steel kept for column extension for the first floor. ix) The said room has been constructed by demolition of the small old room existing at site, so it is a re-construction done of the old house. x) The plinth area of the said newly re-constructed room as measured by the DSLR representatives at site is found to be 66.30 sq. m. xi) Behind the Workshop but lying in between Cavelossim-Varca main tar road and the newly constructed workshop, there exists one old house, which is a ground floor structure having sloppy roof with Mangalore tiles. The reconstruction of this structure is not yet started by the alleged violator. xii) The alleged violator Mr. Silva told that he has obtained the NOC from the GCZMA dated 15/03/2017 (No. GCZMA/S/16-17/74/2392) for re-construction of all the three structures at site. xiii) The three structures are having house numbers (viz. 381, 382 and 383) of which, the Workshop (H. No. 382) is slightly a bigger structure and the rest two are very small ground floor structures having a sloppy roof with Mangalore tiles on top. xiv) The violator has not obtained any permission from V. P. Cavelossim for the said re-construction after getting the permission/NOC from GCZMA. xv) The Sy. map brought by the DSLR representatives does not indicate any existing structures at site in Sy. No. 108/1 of Mobor in Cavelossim.

Conclusion and Recommendation

Page 6 of 30 i) The three structures, with H. Nos. 381, 382 and 383 situated along the bank of Sal River at Mobor in Cavelossim for which the NOC dated 15/03/2017 has been granted by GCZMA to Mr. Silva for their re-construction are not seen in the Sy. Map brought by the DSLR representatives at site. ii) Out of three structures, the old Workshop structure having H. No. 382 is not yet demolished whereas, the new structure for Workshop has been constructed by the violator touching the wall of the old workshop structure. This new structure is fully falling within 35m from the HTL of river, whereas, the rectangular room with H. No. 381 situated away from the workshop is constructed of RCC by demolition of the existing small house from the site. iii) This re-constructed small rectangular house is fully falling within 10m from the HTL of the river. iv) The third structure which is closer to the Cavelossim-Varca main road and having H. No. 383, though is away from the bank of the river, it is lying within 70 m from the HTL of the river. v) The width of the river at site is 150 m as measured by the DSLR representatives at site, so the NDZ applicable is 100m. As such, all the three structures are falling within the NDZ area of Sal River. vi) The alleged violator Mr. Sebastiano D’Silva obtained permission dated 15/03/2017 from GCZMA (NOC No. GCZMA/S/16-17/74/2392) for the re- construction of all the three structures at site. vii) So also, the GCZMA granted conditional NOC stating that the re-construction should be done only on the existing plinth without increasing the plinth area. viii) As per the CRZ regulation, in NDZ area, the re-construction of the old structures existing prior to 1991 is permissible only on the plinth of the old structures without increasing the plinth area. ix) Whereas, the constructions done at site by Mr. Sebastiano D’Silva is contrary to CRZ Regulation, wherein, the old structure used as a Workshop is maintained at the site to accommodate the labourers. Thus, both the old workshop structure as well as the new structure constructed three times bigger in size, are used for Workshop activities. x) Similarly, the rectangular room which is re-constructed also has been increased in its plinth area and the RCC flat slab put up on top is not permissible within the NDZ. xi) So, by taking advantage of the NOC issued by GCZMA, the violator has done a new construction of one huge structure with height increase for using as a Workshop and the other re-construction done is not as per the NOC issued by GCZMA and so both are in violation of CRZ Regulation. xii) The violation therefore envisages; i) a new construction of Workshop touching the old structure (which is not a re-construction) with increase in the plinth area of the new structure three times the original size of the Workshop with RCC roof slabs and, ii) the re-construction of rectangular room with a flat RCC slab on top with a provision of reinforced steel for erection of columns for first floor and increase in its plinth area. xiii) So, both structures become illegal structures and demand action from GCZMA. xiv) This may be deliberated in the Authority meeting for a suitable decision.

In view of the above, the matter was placed before the Authority for grant of personal hearing to the parties.

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Case no. 1.6

To discuss and decide on N.O.C for development/extension/ upgradation of 4 fishing harbours/ fish landing centres at Malim, Cutbona, Chapora and Cortalim in State of Goa.

Background : The Office of the Goa Coastal Zone Management Authority was in receipt of an application dated 13/02/2013 from Department of Fisheries, Goa seeking N.O.C for development/extension/ up gradation of 4 fishing harbours/ fish landing centres at Malim, Cutbona, Chapora and Cortalim in State of Goa.The said application was placed in the 83rd meeting held on 24/05/2013 wherein the authority are after due decided to approve the same. The GCZMA accordingly issued N.O.C/Permission dated 10/06/2013 to the Department of Fisheries. A complaint letter dated 07/02/2017 was filed by Cavelossim villager Forum interalia stating there is illegal dumping of mud , illegal construction of road and destruction of sand dune in Syno.95/1 village Cavelossim, Salcete. Upon receipt of the said complaint a show cause cum stop work order dated 16/02/2017was issued by GCZMA to the alleged violator. The said was show cause cum stop work order was replied (01/03/2017) by the Department of Fisheries interalia stating that the notice was issued to M/s Venkata Rao Infra Project Pvt Ltd to whom the work of construction of jetty and training wall at Cutbona was awarded by Goa State Infrastructure Development Corporation (GSIDC) pursuant to issuance N.O.C /Permission by GCZMA. Further the Department of Fisheries made an application dated 28/02/2017 interalia seeking necessary N.O.C/Permission for temporary access road of 3 mts at Survey no.95/1, Cavelossim, Salcete required for movement of trucks to take construction material to the site and after the construction work same shall be reinstated to the original condition. The said application seeking access road was placed in the 144th GCZMA meeting held on 21/03/2017 for discussion and deliberation. The authority after detailed discussion and deliberation and on considering the report of site inspection decided to approve the proposal for approach road which is essential for construction of training wall by the Department of Fisheries at Cavelossim subject to the condition that the land is restored to its original condition upon completion of said work including replanting of vegetation and restoration of sand dunes. The GCZMA accordingly issued N.O.C/Permission dated 07/04/2017 to the Department of Fisheries. The original complainant being aggrieved by afore- stated alleged illegal activities filed an Original Application no.176/2017 (WZ) before the Hon’ble NGT, Pune. In view of the above, the matter was placed before the Authority for grant of personal hearing to the parties.

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Case no. 1.7

To decided on an Order by Hon’ble NGT, Pune dated 08/08/2017 passed in Appeal bearing no.93/2015

Background: The office of GCZMA was earlier in receipt of a complaint letter dated

08/05/2006 (Inward dated 10/05/2006) filed by Mr. Rosarinho Fernandes (original complainant) against Mr. Santosh Juvekar, Mr. Dashrath Juvekar for alleged illegal construction of structure of (60 sqmtrs approx) in the property bearing Sy no. 335/1 of

Village Velim, Salcete within 200 mts of river sal. Further he filed a complaint letter dated 27/11/2006 against Mr. Devannd Tikem, Vivek Tikem, Shivram Shet, Bhagwan

Kerkar in respect of alleged illegal construction carried out in survey no 335/0 & 338/0 of

Village Velim and Mr. Rohidas Wadekar in respect alleged illegal construction carried out in survey no. 338/0 of Velim Village, Salcete- Goa. Accordingly Show case notice dated 27/11/2017 bearing ref no. GCZMA/ SAL/ VELI /07/ 43 /3364 and Show cause notice dated 27/11/2007 bearing ref no. GCZMA/ SAL/ VELI /07/ 46 /3367 were issued by the GCZMA to Mr. Devanand Tikem, Mr. Vivek Tikem, Shivram shet & another and

Mr. Rohidas Wadekar. An application bearing no. 38/2015 (WZ) filed by Mr. Rosarinho

Fernandes & another before Hon’ble National Green Tribunal (WZ), Pune interalia being aggrieved by the alleged illegal construction. The above mentioned Application bearing no. 38/2015 (WZ) came up for hearing before the Hon’ble Tribunal on 24/09/2015 and

Hon’ble tribunal was pleased to grant three weeks time to GCZMA to file report and decision taken in the matter by way of last opportunity.

A site inspection was carried through Expert member of GCZMA who submitted a report dated 27/09/2015. All the parties appeared before the authority in its 121th GCZMA meeting schedule on 13/10/2015.In terms of decision taken in the 121st GCZMA meeting held on 13/10/2015, an order dated 20/10/2015 was issued by the authority discharging Show Cause notices of all the respondents. The original complainant being aggrieved by order dated 28/10/2015 issued by GCZMA filed an appeal bearing no.93/2015 before the Hon’ble NGT, Pune.

The matter came up for hearing before the Hon’ble NGT, Pune on 08/08/2017.

The Hon’ble Tribunal was pleased to set aside the GCZMA order dated 28/10/2015 and directed the parties to appear before the authority on 12/03/2017. The GCZMA was

Page 9 of 30 required to hear the parties in the light of the documents produced by the applicant and pass appropriate order in accordance with law within next 30 days. Vide order dated

12/08/2017 the Hon’ble NGT, Pune error in the date in earlier order was corrected to

12/09/2017.The Complainant has filed a short rejoinder dated reply on 06/06/2018.

In view of the above, the matter was placed before the Authority for grant of personal hearing to the parties.

Case no. 1.8

To discuss and decide on a complaint dated 09/05/2018 from Mr. Sanjiv Simepurushkar regarding alleged illegal Construction Carried out in Sy. No. 201/13 in Calangute Village, Bardez, Goa by Indumati Simepuruskar .

Background: Mr. Sanjiv Simepurushkar from Umta Vaddo, Calangute complained to GCZMA on 09/05/2018 informing about the illegal construction in CRZ area of Sy. No. 201/13 of Calangute village. So, a site inspection was fixed to see the illegal construction done by Indumati Simepuruskar, verify the CRZ zoning and the documents.

A site inspection was carried out by the Expert Members Dr. Prabhakar Shirodkar and Eng. Audhoot Bhonsule along with DSLR representatives, Mr. Kiran Gawde and Mr. Pramod Naik on 31/05/2018. At site, the complainant Mr. Sanjiv Simepurushkar was present who showed the site and explained about the illegal construction at site. From the alleged violator’s side, the members present were Mr. Pranay Bandekar, who is the son of the violator, Mrs. Shraddha Bandekar.

The details of site inspection are as follows;

i) The site is a plot of land having Sy. No. 201/13 and is lying towards the south side of the internal tar road going from Baga to Calangute. ii) By the side of the above mentioned plot are the two plots of the complainant, Mr. Sanjiv Simepurushkar, which is having Sy. No. 201/12 (a part of it) and 201/14. iii) Within the site with Sy. No. 201/13, there is an ongoing construction of a house (RCC structure), of which ground floor is completed with a concrete slab on top and the work is going on for construction of the first floor. iv) The said construction going on is lying parallel to the Baga - Calangute internal road. v) The said ongoing construction of the house in Sy. No. 201/13 is falling within 200-500m from the HTL of the Sea. vi) The distance measured by the DSLR representatives at site indicated that the said construction is 425 m away from the HTL of the Sea and so, it is falling in CRZ III area. vii) The DSLR representatives also indicated that as per the Sy. Map, there existed an old structure at site in Sy. No. 201/13. viii) The Complainant says that the violator has also done construction in the offset area of his plot without obtaining any permission from the Authority and the V.P. ix) When asked about the permissions from the Authority for the proposed construction, the violator’s son, Mr. Pranay told that the file is available with their Advocate.

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x) So, Mr. Pranny has been asked to submit all the documents, permissions within two days to GCZMA office before proceeding further with the work.

Conclusion and Recommendation

i) The construction of a ground floor structure which is done and is still ongoing for a G+1 structure is within the plot having Sy. No. 201/13 and is owned by the violator, Mrs. Shraddha Bandekar. ii) As per the Complainant, the construction done is without any permission from the GCZMA and also the said construction is encroaching the offset area between his plot having Sy. Nos. 201/12 and 14 and the violator’s plot (Sy. No. 201/13). iii) Actually, the said construction is going on at a distance of 425 m from the HTL of the Sea, which is falling within 200-500 m of CRZ III area of Calangute. iv) As per the CRZ Regulation, the construction of a new G+1 structure is permissible if the plot occupancy is 33%, the FAR is 33% and the height is 9m or less. v) Though, the construction done by Mrs. Shraddha Bandekar is falling within 200-500m of CRZ III area, it is permissible only with proper permission from GCZMA. vi) As per the site inspection, Mrs. Shraddha Bandekar has not taken any permission from the Authority (GCZMA) and the construction being done of G+1 structure at site becomes a violation of CRZ Regulation. vii) Whereas, the DSLR map indicated that the old structure which earlier existed at site in Sy. No. 201/13 has been demolished by the violator for constructing a new structure. viii) Presently, the exact size of the earlier old structure existed at site and the size of the new structure, both are not known. ix) Also, it is not known whether the violator has encroached in the offset area of the Complainant. x) However, the site inspection showed that the ongoing construction is a bigger structure and also the violator has touched the main tar road. xi) In order to verify the exact measurements of the old and new structure at site, the DSLR may be instructed to do the actual measurements at site. xii) After obtaining the actual measurements of the old structure and the new structure constructed at site and also of the plots of the Complainant and the violator, the Authority may decide the future course of action. xiii) This may be deliberated in the Authority meeting for a decision.

In view of the above Authority may deliberate and decide.

Case no. 1.9

Illegal Construction by Mr. Antony Lobo and Blocking the Way/Access to the Main Road in Sy. No. 116/36 at Kannaikwada, Morjim, Pernem, Goa.

Background:

Mr. Arun Dhyanba Morje complained to GCZMA on 20/11/2017 regarding illegal construction being carried out by Mr. Antony Lobo in Sy. No. 116/36 in Kannaikwado, Morjim near to his house. This construction has blocked his pathway / access from his house to the main road. So, a site inspection was fixed to see the construction, verify the CRZ zoning area and also the documents. the GCZMA issued a show cause cum

Page 11 of 30 stop work order dated 11/12/2017 to Mr. Anthony Lobo and directed the alleged violator to file his reply by 26/12/2017. A reply dated 15/01/2018 was filed on 22/01/2018 by Dr. Mahesh Kotbagi authorised representative of Banyan Guest House Pvt Ltd. the Additional Collector –I North Goa vide letter dated 07/02/2018 forwarded a file containing site inspection and panchanama of violations noted in CRZ for the month of December 2017. The said file the Mamlatdar of Pernem vide letter dated 15/12/2017 has forwarded to Dy. Collector & S.D.O Pernem a checklist , rough sketch site plan, Form I & XIV and photographs pertaining to illegal construction (160.m2) carried out by Mr. Anthony Lobo in the property Sy.No.116/36,Kannaikwado,village Morjim, Pernem,Goa.

The said matter was discussed during 169th GCZMA meeting held on 01/03/2017 wherein the Authority after perusing the documents submitted by the complainant and after detailed discussion and deliberation decided to carry out joint site inspection by the expert member (GCZMA) alongwith the DSLR, surveyor to measure/verify the structures in question of both the violators as well as complainants. Accordingly inspection was conducted by the expert members of GCZMA on 12/04/2018 and submitted the report

Site Inspection Report

Upon instruction from the Member Secretary GCZMA, the site inspection was carried out by the Expert Members Dr. Prabhakar Shirodkar and Eng. Audhoot Bhonsule of GCZMA on 12/04/2018. At site, the alleged violator Mr. Antony Lobo was present along with his counterpart, Dr. Mahesh Kotbergi. The complainant Mr. Arun Morje was also present at site. The details of site inspection are as follows;

i) The site is a plot of land with Sy. No. 116/36 and extending eastwards from the bank of the Creek joining Chapora River in its northern bank at Morjim. ii) The plot lies within 100m from Chapora River at Kannaikwado in Morjim and therefore it is falling within the NDZ of Chapora River. iii) The plot is also lying partly within NDZ of the Creek joining Chapora River from the plot’s western boundary. iv) Form I and XIV submitted indicates that M/s Banyan Guest House Pvt Ltd is the owner of the plot which is having 1000 sq.m. area and its survey number is 116/36. v) Earlier, the site inspection of the said illegal construction was carried out by the Expert Member of GCZMA on 30/11/2017, during which the trenches were made and footing was done with iron rods for erecting the columns for constructing the concrete structure. vi) Whereas, during the present site inspection, the full house construction has been completed by the alleged violator with house painting done and the columns erected on the upper terrace for putting up a slab of the first floor. vii) Also constructed is a septic tank with a soak pit towards the western side of the plot and the same is falling within the NDZ of the Creek. viii) The house is constructed by the violator in such a way that a small pathway is left towards the northern side of the house, where he proposes to construct the compound wall. ix) The alleged violator is suggesting to find out another way for Mr. Arun Morji to go to his house, which is passing through the plot of the Complainant’s Land owner from the other side. x) No NOC from GCZMA has been obtained by the violator for the said construction done at site.

Page 12 of 30 xi) A Show Cause notice dated 11/12/2017 was issued to Mr. Anthony Lobo for the said construction done without obtaining any permission from GCZMA. xii) Mr. Anthony Lobo purchased the said land in the name of his company M/s Banyan Guest House Pvt Ltd, and he himself acted as its Director. xiii) After joining with Dr. Mahesh Kotbergi, who is his accomplice, Mr. Anthony Lobo subsequently constructed the said house in the NDZ area. xiv) At site Mr. Anthony Lobo and his accomplice Dr. Mahesh, both told that the house constructed is not falling within the riverine NDZ and also that the said construction has been transferred to Dr. Mahesh Kotbergi. xv) However, no documents to this effect could be produced by Mr. Anthony Lobo during the site inspection. xvi) It is not known whether the construction is for commercial or for residential purpose but Dr. Mahesh Kotbergi claims that it is for his personal use. xvii) Dr. Mahesh Kotbergi also showed the survey map which he got prepared through a private surveyor and insisted that the said house is falling beyond 100m from the HTL of the Chapora River. xviii) However, the HTL taken is not from the nearby location on the river bank but from a distant location on the river bank to pave the way for 100m distance.

Conclusion and Recommendation i) The construction of new house done in Sy. No. 116/36 is falling within the NDZ of Chapora River at Kannaikwado in Morjim. ii) There is also a provision kept by the violator for erecting a first floor to the said newly constructed house by erecting the columns on the terrace. iii) The septic tank and the soak pit constructed by the applicant are falling within the NDZ of the Creek joining the Chapora River in its northern bank. iv) The said construction of house and the soak pit is done without obtaining the NOC from GCZMA. v) As per CRZ Regulation, the new construction is not permissible within the NDZ, but only a reconstruction of structure on the existing, old plinth is permissible. vi) As the construction of house and septik tank done is a new construction and is within the NDZ of Chapora River and the Creek, it is not a permissible activity, so it becomes a violation of CRZ regulation. vii) However, the violator’s accomplice Dr. Mahesh Kotbergi insists that as per the survey done by him through a private surveyor, the new house constructed is falling outside 100m from the riverine NDZ, which practically does not appear to be true at site. viii) So, the DSLR may be directed to do the survey using total station to ascertain whether the newly constructed house and the septic tank is falling within 100m of the NDZ of Chapora River and NDZ of the Creek or not. ix) As such, a letter may be issued to DSLR for carrying out the survey at the earliest. x) If the said newly constructed house and the septic tank with a soak pit are falling within the NDZ area than it is a violation of CRZ Regulation. xi) Moreover, the violator still went on to complete the construction of the house and the septic tank despite the Show Cause Notice issued to him. So, this accounts for another violation. xii) Under the circumstances therefore, the applicant may be first directed to demolish the columns erected on the terrace of the newly constructed house as it is not permissible to construct a G+1 structure within the NDZ area. xiii) So also, both the parties may be called during the Authority meeting for explanation on such an outrage. xiv) This may be deliberated in the Authority meeting for a suitable decision.

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Now Mr. Arun Dhyananba Morje filed writ petition before Hon’ble High Court of Bombay at Goa bearing WP no. 471/2018.

As per the Order dated 23/04/2018 by Hon’ble High Court of Bombay at Goa states that the learned Counsel for the Respondent no.8 seeks time to file reply. The learned Counsel for the Petitioner submits that Respondent no.1 to 7/Authority have issued Stop Work notices to the Respondent no.8, to which the learned counsel for the Respondent no.8 states that reply has been filed. Considering the fact that the allegations are made that the construction is going on in violation of CRZ Notification, the Authorities will decide on the plan of action as regards ongoing construction, if any. The Authorities shall take a decision as to what should be the position pending adjudication to the show cause notices as to whether ongoing construction, if any, needs to be stopped to achieve the object of the CRZ Notification. The decision shall be taken within a period of one week.

The said matter was discussed and deliberated during 174th GCZMA meeting held on 08/05/2018 wherein Authority after detailed discussion and deliberation decided to call the parties for personal hearing. the alleged violator filed a supplementary reply on 11/06/2018 dated 06/06/2018.

Now this office is in receipt of application along with all necessary documents dated 25/06/2018 from Mr. Anthony lobo for post facto clearance under MOEF Notification dated 06/03/2018 for reconstruction of old house No.1275 for regularisation.

The said matter was taken up for grant of personal hearing to the parties during 177th GCZMA meeting held on 26/06/2018 wherein the Authority after hearing both the parties and after considering written and oral submissions made by both the parties noted that the said matter is monitored for early disposal by Hon’ble High Court of Bombay at Goa. The authority directed the respondent to submit plans /construction license, if any to establish the validity and plan of structure existing prior to 1991. This would be considered as the final opportunity given to the respondent. The matter was adjourned for decision in the next GCZMA meeting.

The respondent Mr. Anthony Lobo submitted documents on 27/06/2018 enclosing sale deed indicating structure on the said plot of land , form I and XiV prior to 1991 showing uncultivable land area along with existence of house structure. Plan showing plot “A” of the property bearing survey no. /sub division No. 116/36 at Morjim, Pernem, Goa, Google images showing creek and other documents.

In view of the above Authority may deliberate and decide.

Item No. 2

Case No.2.1

Recommendation to ‘M/s Ramsukh Resort Pvt. Ltd., Pune’ for proposed development of 5 star Hotel cum-Resort-in survey no.211/1A at Varca, Salcete Goa.

Background: The office of the GCZMA was in receipt of an Application dated 30/12 2013 from M/s Ramsukh Resorts Pvt. Ltd, Pune for CRZ clearance for proposed hotel cum resort at survey no.211/1A at Varca, Salcete Goa.

Accordingly GCZMA had refereed the said proposal to Goa-SEAC on 24/03/2014 bearing no. GCZMA/S/13-14/88/1764 for examination in terms of EIA Notification 2006

Page 14 of 30 and as per Hotel policy of 2011. Further Goa-SEAC vide letter dated 27/05/2015 forwarded to GCZMA stating that the said proposal was appraised in the light of Hotel Policy for utilisation of available open plots in CRZ –III zone for the purpose of establishing hotel beach resort s and it was note that :

1. The proposed construction of 5 star hotel cum resort comprising of 130 seat restaurant and 53 rooms hotel (i.e. basement + ground + first floor) in survey no. 211/1-A Varca village in salcete taluka ( total plot area -15,875 sq mts ) 3effective plot area 14.512 sq. mts ) fall s in CRZ –III zone ( i.e. between 200 – 500mt from TL) as per the provision of the CRZ Notification 2011. The site falls under settlement zone as per regional plan 2021. 2. The project proponent has proposed total built up area (BUA) of 9,762.51 sq. mts with total coverage of 3,235.16 sq. mts (22.19%) and FART of 5,106.75 sq. mts (33% of the plot area). THUS as per the schedule annexed to the environment Impact Assessment (EIA) Notification 2006 ( as amended) the proposed construction activity having total BUA less than 20,000 sq. mts does not attract provisions of the said Notification. 3. The PP has to comply with the Environment management plan (EMP) (refer chapter -5of the EIA report prepared by NABET/QCI consultant p-M/s Aditya Environmental services Pvt. Ltd Mumbai) during the pre construction /construction and operational phases as well as make appropriate budgetary provision for effective implementation of CSR-related initiatives. 4. Planning vis-à-vis proposed construction should comply with the local rules/regulations /guidelines as laid in the Town and country Planning (TCP) Act, 1974. Further, construction of the basement is subject to obtaining NOC from the state Water Resources Department (WRD). 5. Details of proposed rain water harvesting (RWH) utilization of non-conventional sources of energy (i.e. solar) and greenbelt development should be implemented as enumerated in sections 2.8, 2.10 and 2.11 resp. of Chapter -2 in the EIA report.

The said matter was taken up for discussion before the Authority in its 176th GCZMA meeting held on 22/06/2017 wherein the Authority after detailed discussion and decision decided to call the applicant for hearing.

In view of the above, the matter was placed before the Authority for grant of personal hearing to the applicant.

Case No.2.2

Incorporation of missing survey nos 146/1, 146/2, 146/3-A, 146/3-B, 146/4-A, 146/4- B, 148/5, 148/5-A for proposed construction of Parking Facilities at Candolim Bardez Taluka submitted by the Goa Tourism Development Corporation Ltd.

Background: The office of the GCZMA was in receipt of an Application dated 08/10/2015 from the Goa Tourism Development Corporation Ltd. with regard to the proposed construction of Parking Facilities at Candolim in the property bearing Sy. No. 146/1, 3B at Candolim, Bardez - Goa.

The said proposal was discussed and deliberated during 153rd GCZMA meeting held on 18/07/2017 wherein the Authority perused the agenda Item and the site inspection report submitted by the Expert Members and noted that the said project is a public utility project and is essential for management / control of traffic in a highly populated tourist destination. Also, the said project activity is a part of the Beach Carrying Capacity Report which is included under the proposed infrastructure development along the

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Coastline in Goa As such the Authority after detailed discussion and due deliberation decided to approve the said proposal for construction of Parking Facilities at Candolim in the property bearing Sy. No. 146/1, 3B at Candolim, Bardez – Goa in terms of the CRZ Notification 2011, as amended.

Accordingly GCZMA vide letter dated 30/08/2017 bearing no. GCZMA/N/17-18/70/950 issued Permission/NOC for proposed construction of parking facility at Candolim in the property bearing Sy. No. 146/1, 3B at Candolim, Bardez – Goa.

Now the office of the GCZMA is in receipt of the letter dated 10/04/2018 requesting to incorporate the missing survey numbers 146/1, 146/2, 146/3-A, 146/3-B, 146/4-A, 146/4-B, 148/5, 148/5-A in the permission issued vide letter dated 30/08/2017.

The said matter was discussed during 176th GCZMA meeting held on 22/06/2018 wherein Shri Badami (Chief Engineer, project cell of GTDC) was present for the meeting and submitted that both the Sy. Nos are depicted on the plan submitted by GTDC earlier but the same are not figuring in the application form submitted by GTDC and requested for inclusion of the same in the permission granted by the Authority earlier.

The members of the Authority deliberated on the allegation made by the complainant that there exists a sand dune in the proposed parking facility and toilet block at Candolim and a petition has been filed in this regard before the Hon’ble NGT. Shri Badami GTDC Clarified that there are no sand dunes in the area proposed for parking facilities and the toilet block.

The Authority after detailed discussion and deliberation directed the GTDC to submit a letter stating that there are no sand dunes at the proposed site and also confirm that the sand dune mapping report of the National Centre for Sustainable Coastal Management (NCSCM) also does not show any sand dune in the concern survey no. The Authority would take up the matter after verification of the above facts.

This office is in receipt of letter from GTDC on 25/06/2018 enclosing drawing showing superimposed location of notified sand dunes along with development area.

In view of the above Authority may deliberate and decide.

Case No.2.3

To discuss and decide on complaint by Mr. Ulhas Diukar from Odxel, Taleigao, regarding Illegal Construction Carried out in Sy. No. 235/1 in No Development Zone (NDZ) of CRZ area of Taleigao Village, Tiswadi – Goa.

Background

The GCZMA received a letter, dated 11/05/2018 from Adv. B. P. Natekar of M/s S. N. Joshi & Associates (Advocates and Public Notary), Panaji on behalf of his client Mr. Ulhas Diukar from Odxel, Taleigao, Goa with regard to alleged illegal construction coming up in Sy. No. 235/1 within NDZ of CRZ area of Village Taleigao. He prayed that since the work is illegal, it should be stopped immediately. A site inspection was fixed to see the site and the ongoing construction therein, verify the CRZ zoning and the documents/permissions obtained by the alleged violator.

Site Inspection Report

A site inspection was carried out by the Expert Members, Dr. Prabhakar Shirodkar and Eng. Audhoot Bhonsule along with the DSLR representatives, Mr. Sudesh Sawant and Mr. Mandar Phadte on 31/05/2018. At site, the complainant Mr. Sanjeev Diukar, who has lodged a complaint to Dy. Collector, was present along with his brother Mr. Ulhas

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Divkar, who has sent a complaint letter to GCZMA through Adv. Natekar. From the respondent’s side, the alleged violator was not present but two of his brothers, Mr. Ganpath Dias alias Diukar and Mr. Madhu Dias alias Diukar were present at site, who showed the mundkarial purchase order and the permission obtained from the V. P. of Taleigao. The details of site inspection are as follows;

i) The site is a plot of land having Sy. No. 235/1 and is lying towards the northern bank of Zuari River at Odxel in Taleigao village. ii) The full stretch of land along the northern bank of Zuari River at Odxel is well populated and is having many houses, some of which are very old. iii) Within 20m from the bank of the river, there is a walkway/mud road which is routinely used by the villagers. iv) Behind the said mud road, towards the landward side, there is one big house (G+1 structure) and behind the big house is the site of illegal construction. v) The Complainant, Mr. Ulhas Diukar is also having his old house adjacent to the site of construction in its north, and his house is only a ground floor structure,. vi) The site of illegal construction comprises of 300 sq. m. of land area and is purchased by the alleged violator’s father. The purchased 300 sq. m. land area is having three old structures (A - C) in it as indicated in the mundkarial purchase document.

vii) The area of each structure as given in the mundkarial purchase document is as follows: Structure A is 126.00 sq. m., and is in the centre of the plot, Structure B is 42.00 sq. m. and is towards the east of structure A, whereas the third Structure C is 18.00 sq. m. which is towards the northern side of structure A. viii) The surrounding land area is 114.00 sq. m., and the whole plot, together with the existing three structures is having an area of 300 sq.m. ix) All the three structures are the Mundkarial houses, wherein the violator’s father Mr. Paiko Dias alias Paiko Diukar purchased the said 300 sq. m. of land area/ property along with the existing three structures therein under the Mundkarial Act as per the Judgement given by the Joint Mamlatdar of Tiswadi Taluka, dated 05/12/1996. x) All the three structures and the full plot are lying within 35 m from the HTL of Zuari River, whereas, the width of the river at site is more than 100 m. xi) The Village Panchayat of Taleigao has granted the permission dated 23/02/2018 to the alleged violator only for doing minor repair of the house, whereas in the pretext, the violator demolished the existing central Structure A and started a new construction. xii) The measurements made by the DSLR representatives at site indicated that the plinth area of the new house under construction is 124 sq. m., and the area occupied by the trench made for putting foundation towards the eastern side of the plot is 11.00 sq. m. xiii) Also the new construction which is ongoing is 28.40 m away from the HTL of Zuari River. xiv) The alleged violator has no other permissions, neither from the CRZ Authority nor from the TCP to carry out the said ongoing construction. xv) As seen at site, the concrete foundation for footing along with erection of reinforcement for columns is completed by the violator. xvi) Even the plinth has been completed and the work is in continuation for making the lateritic walls.

Conclusion and Recommendation

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i) The plot of 300 sq. m. area along with the existing three structures has been purchased by the violator’s father Mr. Paiko Dias alias Paiko Diukar in 1996 under the Mundkarial Act. ii) The plot including the existing three structures is falling within 35 m from the HTL of Zuari River. iii) The width of Zuari River at site is more than 100 m. So, the NDZ applicable at site is 100 m from the bank of the river towards the landward side. iv) As such, all the three structures along with the plot are falling within the NDZ of Zuari River. v) The alleged violator did not take any permission from the CRZ Authority for doing the construction. He only took the permission from the Village Panchayat of Taleigao and that too only for doing minor repair of the house and not for any construction. vi) Taking advantage of the repair permission from V. P. of Taleigao, the violator demolished one of the three existing structures at site, which is Structure A having 126 sq. m. area and started a new construction in its place at site. vii) The total area of the existing three structures works out to 186.00 sq. m., as per the mundkarial purchase document, wherein the area of one big structure is 126 sq. m., whereas the plinth area of new structure under construction works out to 124.00 sq. m. plinth + 11.00 sq. m. of covered area by way of trench as per the actual measurements done by DSLR at site. viii) He has not kept a necessary setback of 3 m from the complainant’s house which is adjoining the site of construction towards north. ix) No construction plan is also provided by the applicant. x) As per the CRZ Regulation, within the riverine NDZ area, no new construction is permissible. Only re-construction is permissible on the plinth of the old structure existing prior to 1991, without increasing the plinth area. xi) The construction being done by the alleged violator is by demolishing an existing old structure at site and thus, it amounts to a re-construction. xii) So also, within the NDZ area, if the re-construction is done by increasing the plinth area, than it amounts to a violation of CRZ Regulation. xiii) As seen at site, the plinth area of ongoing construction by the violator at site is only 124 sq. m., which is less than the area of the existing bigger structure (Structure A = 126 sq. m. area) which has been demolished by the violator. xiv) Under the circumstances therefore, the violation done by the alleged violator is that he started a re-construction within the NDZ without valid permission from GCZMA. xv) Secondly, he has violated the permission of V. P. of Taleigao as it was granted not for re-construction purpose but only for minor repair of the house. xvi) So, the Authority may deliberate for a decision as regards the violations done.

In view of the above Authority may deliberate and decide.

Additional Agenda items

Case No. 2.4

NOC / Permission for construction of ramp and jetty in the property bearing Sy. Nos. 56/3, 57/0, 57/1-A, Muxer, Velim, Salcete Taluka by the Directorate of Fisheries, Government of Goa.

Background: The Office of the GCZMA is in receipt of a project proposal from the Directorate of Fisheries, Government of Goa vide letter bearing No. DF/GB/OT-

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42/MUXER/2015-16/6456 dated 01/02/2016 seeking NOC / Permission for construction of ramp and jetty for the benefit of traditional fisherman and small trawler in the property bearing Sy. Nos. 56/3, 57/0, 57/1-A, Muxer, Velim, Salcete - Goa.

The said matter was deliberated during 126th GCZMA meeting held on 23/03/2016 wherein the Authority after detailed discussion and due deliberations and on considering the report of the site inspection conducted by Dr. Antonio Mascarenhas and Shri. Ragunath Dhume, Expert Members (GCZMA), decided to direct the Directorate of Fisheries to submit revised plans with regard to the location of the proposed jetty of 28m x 6m with a 10m wide ramp by taking in to account the suggestions / recommendations as given in the site inspection report submitted by the Expert Members (GCZMA).

Accordingly the office of Directorate of Fisheries submitted the revised plan for the location of the proposed fishing ramp on 23/08/2016.

In view of the above the authority may deliberate and decide.

Case No. 2.5

To decide on the Bathymetry Work in MPT’s Navigational Channel for Verifying the Depths of Maintenance Dredging. Background: this office is in receipt of a letter from the Chairman , MPT, ministry of shipping , government of Goa dated 21/06/2018 which states that :

The GCZMA had appointed an independent hydrographer in December 2017 to conduct a survey to find out the depths achieved by Mormugao Port trust during maintenance and dredging.

The sub committee appointed by the GCZMA after perusing the survey report (submitted by the independent hydrograph) had observed certain variations compared with the post dredging chart submitted by MPT. The subcommittee had submitted a report to the Hon’ble High court of Bombay at Goa. Wherein it was stated that the MPT should give explanation as to why in certain zones , increased depths were observed.

Further the MPT had given detailed explanation to the committee on the possible reasons for the difference in depths in certain zones considering the nature of the seabed. It is re-iterated that, the ports tender document and he payment made to the contractor is only for a maximum designed depth of 14.40 with the tolerance of 0.30m. Further it stated that this matter has to be dealt by a competent independent agency with expertise in the field of geo technical as wells as dredging ( ocean engineering centre, Madras to be consulted ).

In view of the above the authority may deliberate and decide.

Case No. 2.6

NOC for proposed repair of existing residential house (H.No. 385) in survey no. 133/23 of Nagorcem, Palolem, Canacona , Goa.

Background: Shri. Bhikan Pagi Canacona, Goa submitted an application to GCZMA on 09/02/2018 requesting for repair of a existing residential house in survey no. 133/23 of Nagorcem, Palolem, Canacona , Goa. Applicant has submitted ownership documents, form –I and XIV, certified survey plan issued by DSLR (showing 200-500 mt HTL) 6 copies of site plan showing existing and proposed development. Inspection report submitted by expert members GCZMA is enclosed.

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The said matter was placed before the Authority during 177th meeting held on 26/06/2017 wherein the Authority after detailed discussion and deliberation decided to direct the applicant to submit NOC from the landlord. Accordingly the applicant has submitted the Affidavit cum NOC from Mr. Shivram gaonkar son of Mr. Ganaba Naik Gaonkar.

In view of the above the authority may deliberate and decide.

Case No. 2.7

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.

The said matter was placed before authority during its 177th meeting held on 26/06/2018 wherein The EIA report submitted by the applicant was handed over to the Expert member for appraisal and comments.

In view of the above the authority may deliberate and decide.

Case No. 2.8

NOC/Permission for proposed reconstruction of existing ferry ramp at Keri on Keri- Terekhol ferry route by River Navigation Department, Betim.

Background: The Office of the GCZMA was in receipt of an application seeking NOC/ Permission for proposed reconstruction of existing ferry ramp at Keri on Keri- Terekhol ferry route from the Office of River Navigation Department, Betim - Goa.

The application is supported by an Administrative approval for the work of “Urgent repairs of ferry ramp at Kerim in Pernem Taluka”.

The said matter was placed before authority during its 177th meeting held on 26/06/2018 wherein The EIA report submitted by the applicant was handed over to the Expert member for appraisal and comments.

In view of the above the authority may deliberate and decide.

Case No. 2.9

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To comply with Order dated 03/07/2017 passed by Hon’ble Tribunal in application no. 44/2015 pertaining to ascertain dimensions of original bund/ pathway of paddy fields at Navo Vaddo, Sernabatim, Colva and restoration of sand dunes.

1. The Colva Civil Consumers Forum, interalia filed Application bearing no. 44/2015 for restoration of sand dunes damaged due to illegal construction of road admeasuring 1km in length by dumping of mud across low lying agricultural paddy fields in CRZ area at Novowaddo, Sernabatim-Colva, Salcete, Goa. 2. The complainant had earlier complained to Goa Coastal Zone Management Authority (GCZMA) through SMS on first instance about the aforestated violation and thereafter a written complaint dated 15.3.2015 was filed by the complainant. 3. The GCZMA, conducted a site inspection on 17.3.2015 and noted the following facts as per the Site Inspection Report dated 23.3.2015 i) “On site it was observed that filing of paddy fields has been carried out as shown in photo ‘A,B,C’. ii) The land is being filled for purpose of construction of road which connects to a local village road and to an open property which lies between 0 to 500mts of HTL. iii) The land filling has dimensions of an average width of 3.00mts and height of average of 0.60mts and length of at least 0.50 to 1.00km. iv) A concrete culvert has also been constructed as shown in phot I. v) The landfilling and construction of a culvert is falling within 200 to 500mts of HTL. vi) On one stretch of filing it is evident that the sand dunes and its vegetation have been cut to for landfilling as shown in Photo ‘E.F.H’. vii) No Notice Board was put up of permission and owner couldn’t produce any documents, plans, approvals at the time of the inspection.”

4. The GCZMA issued a letter dated 31.3.2015 to the Police Inspector, Colva Police Station, Colva, Salcete, Goa communicating its observations regarding violation of the CRZ Notification-2011 and directing immediate action to stop the work at site and register FIR against the violators of law, including the operators, drivers of the earth moving equipment without naming them. The Applicant also complained to Goa State Bio-diversity Board (GSBB) whereupon GSBB along with officials of PWD, the Town and Country Planning Department inspected the site on 13.4.2015. It is the case of complainant that the construction of the said illegal road was carried out with intention of exploiting large stretches of paddy fields for commercial use at the cost of causing severe environment degradation and destruction of rich bio-diversity in the area. It is further the case of complainant that the work referred to hereinabove was undertaken without any permission from any of the Authorities.

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5. Vide Order dated 29/05/2015 the Hon’ble Tribunal directed the GCZMA to carry out the inspection at the site in order to verify the status of sand dunes, if any, as well as road or bundh and nature thereof. The GCZMA through their Expert Member had carried out site inspection on 17.6.2015 and submitted his Report dated 21st June, 2015, regarding findings/observations indicating various violations of CRZ Notification, 2011. 6. The site inspection report revealed existence of sand dunes on the site which have been altered/ cut to build the road. As per said report also stated new narrow concrete bridge was also found constructed in the area without any permission and besides final verification with comparison of various GE Images from 2014 onwards the following conclusions could be drawn: a) Colva Sernabatim dune coast is classified under the CRZ-I and Ecologically Sensitive Eco-system; b) Large sand dune has been cut/altered, an act prohibited under the CRZ-2011 Rules c) Activity of mud-filling / depositing /reclamation within CRZ limits- a violation of CRZ-2011 guidelines; d) Reclamation within CRZ is required prior approval from the Competent Authority; e) NOCs from affected plot owners not present; f) Culvert construction in concrete did not have prior approval.

20. The Goa State Biodiversity Board conducted joint site inspection of the said site on 30-4-2015 and Deputy Collector and S.D,O. Margao, Goa Town and Country Planning Department, Department of Agriculture, Goa State Pollution Control Board, alongwith complainant and submitted inspection report dated 20th May 2015.

21. The Hon’ble Tribunal vide Order dated 03/07/2017 disposed off the abovementioned application with following directions:- a) We constitute a committee headed by the Member Secretary, Goa Coastal Zone Management Authority comprising of the Member Secretary, Goa State Biodiversity Board and the Chief Town Planner, Town and Country Planning Department to ascertain dimensions of the original Bund/pathway of paddy fields at village Navo Vaddo, in Sernabatim-Colva, Salcete-Goa, with reference to the land survey conducted by the Directorate of Settlement and Land Records of Margao, Goa in the year 1970-71 and further to ascertain the extent of sand dune/s destruction due to dumping of soil and mud within three months. b) GCZMA shall on ascertaining the factual situation as aforesaid, take measures to restore the sand dunes by removal of the mud and soil etc. dumped on it and such other necessary scientific measures.

Page 22 of 30 c) Expenses incurred for this exercise shall be borne by the Respondent Nos. 4 to 9 and Respondent Nos. 4 to 9 shall initially deposit costs of Rs.2 Lakhs (Two Lakhs) each with the Registry, NGT, (WZ) Bench Pune within a month and defray further expenses incurred by the GCZMA and/or Committee appointed by us as aforesaid for the work assigned to them. d) Amount of Rs. 50,000/- (Fifty Thousand only) be paid to the Applicant as litigation costs from the amount/costs deposited with the Tribunal as aforesaid and the balance be employed for defraying the expenses incurred by GCZMA Committee appointed by us as aforesaid including restoration of environment as directed herein.

The said matter was taken up for discussion and deliberation during 159th GCZMA meeting held on 10/10/2017 wherein the Authority decided to hold site inspection to be conducted by the committee constituted by Hon’ble National Green Tribunal (NGT), Pune vide Order dated 03/07/2017 of the said area on 16/10/2017 from 10.30. a.m onwards and thereafter decide further course of action in the matter. Further this office received a joint site inspection report on 27/02/2018 carried out by officials from Biodiversity Board, Member secretary (GCZMA) and TCP official.

Later second joint inspection was conducted on 20/06/2018 by the committee constituted by Hon’ble National Green Tribunal (NGT), Pune vide Order dated 03/07/2017. And other representatives from village Panchayat (VP secretary), representative of Dy. Collector, south , representative on behalf of complainant , local VP Panch Member , Adv. Zaver de souza were also present during site inspection. And report submitted by alongwith site plan on 10/07/2018.

Copy of the joint site inspection report is placed before the Authority.

In view of the above the authority may deliberate and decide.

Case No. 2.10

To discuss and decide with regard to the Sweeper salary /Housekeeping staff (Utility staff) to be paid from the funds of GCZMA for the months of April to July 2018.

Background: the office of Department of Science Technology & Environment had hired a lady utility staff on 20/03/2018 for cleaning and sweeping work.

In view of the same the salary of the sweeper for the month of April to July 2018 to be paid on daily basis (@323 per day).

In view of the above the authority may deliberate and decide.

Case No. 2.11

To comply with the Order dated 22/12/2016 in Writ Petition No. 1158/2016 of the Hon’ble High Court of Bombay at Goa and to decide on the alleged illegal construction of a structure used for commercial purpose in the agricultural land by Mrs. Ruth D’Souza E Ferrao, Mr. Gajanan Tari, Mr. Krishnanath Shirodkar, Mr.

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Suresh Tukaram Shirodkar, Mr. Dharma Kalangutkar, Mr. Devidas Kalangutkar in the property bearing Sy. No. 120/1 of Village Nerul, Bardez-Goa.

1. The Office of the Goa Coastal Zone Management Authority (hereinafter referred to as ‘the GCZMA’ in short) is in receipt of a complaint letter dated 15/02/2016 from Mrs. Leticia E Dos M. Simoes, R/o above St. Cruz Pharmacy, Richie’s Corner, 2nd floor, Segundo Bairro, St. Cruz-Ilhas-Goa with regard to the alleged illegal construction of a structure in CRZ area used for commercial purpose in the agricultural land without obtaining conversion sanad in the property bearing Sy. No. 120/1 of Village Nerul, Bardez-Goa within CRZ limits carried out by Mrs. Ruth D’Souza E Ferrao, Mr. Gajanan Tari, Mr. Krishnanath Shirodkar, all residents of Mahame Wado, Nerul, Bardez-Goa without obtaining prior permission / approval from the concerned authorities. 2. Upon receipt of the said complaint letter dated 15/02/2016, a Show Cause Notice bearing no. GCZMA/N/ILLE-COMPL/15-16/176/3018 dated 07/03/2016 was issued to Mrs. Ruth D’Souza E Ferrao, Mr. Gajanan Tari and Mr. Krishnanath Shirodkar calling upon to show cause as to why a direction to restore the land to its original condition should not be issued. 3. Accordingly, a reply dated 22/03/2016 to the Show Cause Notice is received from Mr. Gajanan Tari Volvoikar which in brief states as follows: a) That his father was in actual physical possession and enjoyment of the house in the property bearing Sy. No. 120/1 (part) for many years i.e. prior to liberation of Goa. b) The said house has house no. 765/1-A which is standing in his name in the records of the Panchayat. c) The said house got electricity connection which is standing in his name in the Electricity Department. d) The said house also got a water connection which is standing in his name in the P.W.D Department. e) That his father was a traditional fisherman and was residing in the said house and doing fishing activities. The structure referred to by the complainant is the part of the said house and was used to keep the fishing nets and other fishing articles in the said house structure. f) That in the year 2002, minor repairs were carried out to the said house by replacing old rafters, old beams and interior plastering for which NOC dated 28/10/2002 was issued by the Village Panchayat of Nerul. g) The existence of the said structure is within the knowledge of the complainant and her ancestors and at no point of time the complainant and her ancestors had ever objected for the said structure. 4. Also, received a reply dated 22/03/2016 from Mrs. Ruth D’Souza e Ferrao which in brief states as under:

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a) That she is the occupant of the property bearing Sy. No. 120/1-A and 120/2 of Village Nerul, Bardez-Goa wherein she has her residential house existing since the Portuguese era. b) That the said house is reflected in the survey plan and continues to be in her possession till date. c) That she is operating a Bar and Restaurant in the said property and for which have been issued license by the Department of Excise under no. FCL/992 since the year 1994-95. d) Also has a license from the Food and Drugs Department, Panaji-Goa for operating the Bar and Restaurant. e) That her residential house and the Bar and Restaurant are assessed for house tax purpose with the Village Panchayat office of Nerul under H.No. 763 and 763/1 respectively. f) That the property which includes the residential house and the Bar and Restaurant is fenced by a compound wall since the last several years. There has neither been an encroachment nor any violation of any building Rules and Regulations and / or for that matter any Rules concerning the Coastal Regulations Zone. 5. In the meantime, received a letter dated 17/03/2016 from the complainant Mrs. Leticia E. Dos M. Simoes in continuation to her earlier complaint letter dated 15/02/2016 informing that there are more persons namely Mr. Suresh Tukaram Shirodkar, Mr. Dharma Kalangutkar, Mr. Devidas Kalangutkar all resident of Mahame Vado, Nerul, Bardez-Goa who have done blatant and serious violation in the property bearing Sy. No. 120/1 of Village Nerul, Bardez-Goa without taking necessary permissions from the concerned authorities. 6. In view of the same, a letter bearing no. GCZMA/N/ILLE-COMPL/15-16/176/256 dated 06/05/2016 was issued to the Deputy Collector & S.D.O of Bardez to inspet the site and stop the illegal construction work at site and submit a detailed report in the matter. 7. It may be noted that a Writ Petition bearing No. 1158/2016 has also been filed before the Hon’ble High Court of Bombay at Goa thereby challenging the inaction on the part of the various Authorities in acting against the illegal construction of shed / building / compound wall / repairs / renovation of the structures in CRZ area used for commercial activities and other activities in the Petitioners property bearing Sy. No. 120/1situated at Village Nerul which is an agricultural land as well as CRZ area. 8. The said matter was taken up for hearing before the Hon’ble High Court on 22/12/2016 on which date of hearing the Hon’ble High Court was pleased to direct the Deputy Collector, Bardez and GCZMA to complete the action under the Show Cause Notice within a period of 3 weeks from the date of Order and further adjourn the matter on 12/01/2017.

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9. It is pertinent to note that the said matter came up for hearing before the Hon’ble High Court of Bombay at Goa on 12/01/2017 on which date of hearing the Hon’ble high Court was pleased to dispose of the matter with a direction to the GCZMA as well as the Village Panchayat to dispose of the proceedings with respect to the structure as expeditiously as possible and in any event within a period of 6 months from the date of the Judgment.

10. Accordingly, the said matter was placed in the 136th GCZMA Meeting held on 17/01/2017 wherein after detailed discussion and due deliberation and in view of the aforementioned submissions as well as time sought by the Advocates / parties the Authority decided to conduct inspection of the site in question in order to verify the various aspects such as nature, type of violation i.e. (whether it is a new construction, reconstruction, repair and renovation, extension etc.), area of construction etc. pertaining to the alleged illegal construction activities carried out by the several parties / Respondents and thereafter to take up the matter before the Authority for further personal hearing to the parties.

11. It is pertinent to note that, as far as Mr. Dharma Kalangutkar is concerned, the Authority in its 136th GCZMA meeting also noted that the notice of personal hearing issued by the GCZMA returned unserved with an endorsement “party expired”. The said fact was brought to the notice of the Advocate for the Complainant and was instructed to file the necessary details of the legal heirs of Mr. Dharma Kalangutkar.

12. As per the decision taken by the Authority, a site inspection and survey of the property / structures was conducted by the Expert Members of the GCZMA on 03/03/2017 and on 06/03/2017 as the site being vast.

The observations are given for each of the alleged violator separately as follows;

A) Mr. Gajanan Tari: i) Tari’s house is falling within 100m of the river bank and is in an NDZ area. ii) The plot is admeasuring 280 sq.m. in which one old shed with coconut leaves and tin sheets is seen; abutting this structure, a new construction G+1 with laterite masonary and concrete slab is completed. In front of this new construction, one more house of laterite masonary with Mangalore tiles roof is seen. iii) Concrete open flooring of nearly 100 sq.m. is completed infront of both the houses in open space. iv) Surveyor Mr. Newton from DSLR measured the structures and the concrete floor.

Page 26 of 30 v) There is a gap of 65cm between the old and new concrete house which is against the TCP rules. vi) In front of the house one fishing net was kept to show that the vendor is a fisherman but could not produce any document to that effect.

Conclusion & Recommendation

i) The two houses, one with Mangalorian tiles roof and other with concrete structure are within the 100m of the river for which no permission from GCZMA nor from the TCP could be produced. ii) Hence, the board may deliberate for a decision.

B) Mr. Ruth Ferrao i) This house is in plot having Sy. No. 120/1-1A ii) The house falls within 100m of the river bank area. iii) The existing house is very old with Mangalore tiles roofing. iv) There is a room and a shed with tin sheet with tiled flooring near the house. v) In this shed fishing nets, accessories of canoes and barrels of diesel were seen. vi) Vendor produced old certificate pertaining to traditional fisherman.

Conclusion & Recommendation

i) The shed is very close to the river. ii) The vendor produced certificate of traditional fishing business. iii) No other documents were produced, so he was asked to submit copies of all documents in the GCZMA office for producing in the board meeting. iv) On perusal of these documents, board may decide on the issue.

C) Krishnanath Shirodkar i) This house is in Sy. No. 120/1. ii) Vendor showed his old house of matti walls and Mangalore tiles roofing which is lying within 100m of the river bank area. iii) The house is sufficiently old and existing prior to 1991. iv) However, the complainant showed one G+1 structure opposite the existing old house constructed on the bank of river Mandovi which could not be inspected from inside as it was having a compound wall and the gate was locked . v) Part of this plot which is protruding out falls in complainant’s Sy. No. 120/1. vi) At the gate a board is fixed giving details of all licenses as follows;

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TPB/2367/TCP-16/1494: TCP PHCC/NOC/2016-17/1030:Health GCZMA/N/14-15/96/2882:CRZ VP/MRC/1617/571: Construction License. vii) The above said construction is in Sy. No. 120/8, which is right on the bank of river Mandovi and is a violation of CRZ regulation.

Conclusion & Recommendation i) The owner of the said house was not available, so also the full plot area was covered with compound wall and locked. ii) The GCZMA office may find out the address of the owner from the above mentioned permission numbers and serve notices for inspection to ascertain violation of CRZ regulations.

D) Suresh Tukaram Shirodkar i) At site this house with glass is seen. ii) In front of the house there is a cowshed and buffaloes were seen. iii) Vendor showed the documents, a certificate from the Communidade of Nerul dated 28th August 1993 (to be checked ) indicating that the area has been allotted to him. iv) Order from the Deputy Collector, Mapusa dropping the proceedings against him on 25/3/2011. v) Tenancy order – declaring him as a tenant of Communidade in case No. TNG/GR/43154, dated 165/1997 in property with Sy. No. 120/5 with final allotment of 508 sq.m. of land with house No. 753.

Conclusion and Recommendation i) Although the documents have been shown indicating that he is a tenant and is staying prior to 1991, the construction of slabs seems to be after 1991. ii) Copy of application for NOC of GCZMA for reconstruction of his house dated 23/5/2016 was shown at site, but the work has been physically completed before getting the NOC from GCZMA. iii) Board may deliberate for a decision.

E) Dharma Kalangutkar i) This is in Sy. No. 120/8 which does not belong to the complainant. ii) There is a construction of open bar and a restaurant as well as residential rooms right on the bank of Mandovi River. iii) The bank of river appears to be extended using laterite pitching on the side. iv) The commercial activity at the bank of the river attracts attention for investigation.

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v) Vendor says that he has permissions from GCZMA for the repairs of existing retaining wall which may be asked to be produced in the office. vi) The complaint is of temporary shack which was erected in Sy. No. 120/1 of the complainant. vii) The said shack was temporary for which vendor showed provisional permission of GCZMA obtained for one year. The number of letter was GCZMA/N/shack-Hut-CTT-Tent/14-15/534/2054, dt. 19/2/2015. viii) At site the shack was found to be cleared, while the concrete-red oxide floor was existing. ix) The compound wall of laterite for this shack area has been erected to a height of nearly 75 cm. x) The applicant was told to clear the flooring and the compound.

Conclusion and Recommendation

i) All the vendors against whom the complainant is filed by Mrs Leticia Simoes may be the called during the Board meeting along with copies of their documents to substantiate their say. ii) Based on their documents the Board may take the decision.

The said matter was placed in the 151st GCZMA meeting held on 15/06/2017 wherein the Authority perused the site inspection reports prepared by the Expert Members of the GCZMA so also upon perusal of the photographs noted that, all the structures belonging to the Respondents are newly constructed i.e. after coming in to force of the CRZ Notification, 1991 / 2011.

After detailed discussion and due deliberation and on considering the written as well as the oral submissions made by the parties and in view of the above decided to carry out mapping of the structures through the DSLR for verification of the newly constructed structures and thereafter to demolish all the newly constructed structures. In respect of the G+1 structure on the river bank it was decided to request the Sub Divisional Magistrate to conduct inquiry inorder to identify the owner of the structure so as to issue appropriate notice for personal hearing .

Accordingly, mapping of the structures under reference was carried out through the DSLR. The report alongwith the plan will be circulated during the meeting.

Decision:- (A) With regards to the construction done by Mr. Gajanan Tari the Authority after detailed discussion and verifying structures through the DSLR plan and on based on site inspection report decided to demolish the said shed.

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B) With regards to the construction done by Mr. Ruth Ferrao the Authority after detailed discussion and verifying structures through the DSLR plan and on based on site inspection report decided to demolish shed.

C) With regards to the construction done by Mr. Krishnanath Shirodkar the Authority after detailed discussion and verifying structures through the DSLR plan and on based on site inspection report and decided to direct Deputy Collector, Bardez to identify the owner of the structure and all relevant permissions.

D) With regards to the construction done by Suresh Tukaram Shirodkar: the Authority after detailed discussion and verifying structures through the DSLR plan and on based on site inspection report decided to verify site plans.

E) With regards to the construction done by Mr. Dharma Kalangutkar: the Authority after detailed discussion and verifying structures through the DSLR plan and on based on site inspection report decided to demolish concrete structure and compound wall.

In view of the above the authority may deliberate and decide.

Case No. 2.12

To decide on the applications received by office of GCZMA for Ex post facto regularisation under the provision of MOEF Notification 06/03/2018

Background: The office of GCZMA is in receipt of total 11 applications on 29th June 2018 for Ex post facto regularisation under MOEF Notification dated 06/03/2018.

In view of the above the authority may deliberate and decide.

Item No. 3 Any other matter with a permission of the chair.

Sd/- (Member Secretary) Goa Coastal Zone Management Authority

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