AGENDA ITEMS FOR THE 163rd MEETING OF THE GOA COASTAL ZONE MANAGEMENT AUTHORITY (GCZMA) TO BE HELD ON 14/11/2017 (TUESDAY) AT 3:30 P.M. IN THE CONFERENCE HALL, 2ND FLOOR, SECRETARIAT, PORVORIM – GOA.
Item No.1: To confirm the minutes of the 162nd GCZMA Meeting held on 31/10/2017.
The members may kindly give their comments / suggestions, if any and the same may be confirmed.
Item No. 2:
Case No. 2.1
To discuss and decide on the report submitted by the Inquiry Committee with regard to the complaint filed by Goa Paryavaran Savrakshan Sangharsh Samitte pertaining to alleged illegal construction of buildings / structures within NDZ carried out by M/s. Thalasa Resort in the property bearing Sy. No. 214/1 of Anjuna Village, Bardez – Goa.
1. An Application bearing No. 106/2015 was filed by Goa Paryavaran Savrakshan Sangharsh Samittee before the Hon’ble NGT, Pune thereby challenging the alleged illegal construction of buildings / structures within NDZ area by M/s. Thalasa Resort in the property bearing Sy. no. 214/1 of Anjuna Village, Bardez – Goa. 2. The said Application came to be disposed off by the Hon’ble NGT, Pune with a common order dated 29/10/2015 with a direction to the Applicant to file proper complaint to the GCZMA and then GCZMA to take necessary action. 3. Accordingly, as directed by the Hon’ble NGT, Pune a complaint letter dated 30/10/2015 was filed by Goa Paryavaran Savrakshan Sangharsh Samittee with regard to the alleged illegal construction of buildings / structures within NDZ area at various beaches in the State of Goa viz. Anjuna, Vagator, Morjim, Mandrem etc. carried out by various Beach Resorts etc. 4. It may also be noted that, the GCZMA had received another complaint letter dated 23/11/2015 form Mr. Kashinath Shetye with regard to the same subject matter. 5. Accordingly, upon receipt of the said complaints the same were forwarded to the Inquiry Committee of the GCZMA for inquiry and report. 6. The Inquiry Committee of the GCZMA after conducting due inquiry which includes site inspection and grant of personal hearing to the parties, submitted their report on 10/06/2016. The Inquiry Committee report concludes as under: a) To remove all the temporary seasonal structures of M/s. Thalasa Resorts in Sy. No. 214/1 of Anjuna Village if they are existing after the end of the season May 2016 and b) Direct the Village Panchayat of Anjuna and the Tourism Department not to grant any permission for M/s. Thalasa Resorts for erection of temporary
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seasonal structures unless prior approval in accordance with CRZ Notification is obtained from GCZMA. 7. The GCZMA is in receipt of additional complaint from Goa Paryavaran Savrakshan Sangharsh Samitee regarding demolition of unauthorized construction of buildings of M/s. Thalasa at Vagator Beach and Guest House at Anjuna beach situated in NDZ in Sy. No. 214/1 of Village Anjuna, Bardez – Goa. The said matter was placed in the 160th GCZMA meeting held on17/10/2017 for grant of personal hearing to the parties wherein the Authority noted that the complainant sought time. Accordingly Authority decided to place the matter 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. 2.2:
To comply with the Order dated 26/09/2016 passed by the Hon’ble NGT in Application bearing No. 106/2016 in the matter of Mr. Eliano Pereira V/s. Antares Beach Club & Resort & Ors.
1. The GCZMA was in receipt of a complaint letter dated 08/12/2015 from Mr. Eliano Pereira with regard to the alleged illegal construction of a Resort in the NDZ area in the property bearing Sy. No. 214/4, 5 at Ozrant Vagator at Anjuna, Bardez- Goa carried out in the name and style of “Antares Beach Club and Resort”. 2. The said complaint letter was forwarded to the Inquiry Committee of the GCZMA for conducting necessary inquiry and submission of report. 3. Accordingly, the Inquiry Committee of the GCZMA conducted the necessary inquiry which includes inspection of the site and grant of personal hearing to the parties and submitted its report on 27/06/2016. 4. The report of the Inquiry Committee interalia in breief states as under: Considering that the property bearing Sy. No. 214/4, 5 of Anjuna Village was purchased in the year 2014 that; the GCZMA granted permission to erect temporary seasonal structures till May 2016, the GCZMA:
a) To remove the 7 temporary seasonal structures in Sy. No. 214/4 and 6 temporary seasonal structures in Sy. No. 214/5 of Village Anjuna if M/s. Antares Beach Club Resort continues to be existing after May 2016. b) To deal with the erection of temporary seasonal structures in CRZ area in accordance with the regulation prevailing for erection of such structures by CRZ Notification.
5. It may be noted that the GCZMA was in receipt of another complaint letter dated 04/04/2016 was received from Mr. Kashinath Shetye with regard to the alleged CRZ violation carried out in the property bearing Sy. Nos. 214/4, 5 at Vagator, Anjuna, Bardez – Goa by “Antares” Robust Resort & Hospitality LLP.
6. An Application bearing No. 106/2016 (WZ) was also filed by Mr. Eliano Pereira before the Hon’ble NGT, Pune thereby challenging the alleged illegal construction of structures being
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carried out by Antares Beach Club and Resort in the property bearing Sy. No. 214/4 and 214/5 of Ozran Vagator, Anjuna, Bardez – Goa. 7. The said matter was disposed of vide Order dated 26/09/2016 with a direction that the Applicant, Mr. Elaino Pereira, Respondent No. 1, Antares Beach Club and Resort and Respondent No. 5, the Village Panchayat of Anjuna – Caisua are required to be heard before the Respondent No. 3, the GCZMA for the purpose of hearing on 24/10/2016 and the GCZMA is required to dispose of the complaint dated 08/12/2015 filed by Mr. Eliano Pereira in accordance with law within 8 weeks. The Hon’ble NGT further directed Respondent No. 1 Antares Beach Club and Resort and Respondent No. 5, the Village Panchayat of Anjuna – Caisua to place on record the necessary documents in support of their case before the GCZMA on or before 07/10/2016.
8. As per the direction of the Hon’ble NGT, Mr. Eliano Pereira placed on record his relevant documents vide Application dated 10/10/2016 also, the Village Panchayat of Anjuna placed on record their reply on 12/10/2016.
9. In view of the direction of the Hon’ble NGT, the matter was placed for hearing before the Secretary (Env.) on 24/10/2016 wherein the Complainant, Mr. Eliano Pereira present in person. Adv. Vivek Rodrigues remained present on behalf of Anatares Beach Club and Resort. However, none remained present on behalf of the Village Panchayat of Anjuna – Caisua. The Advocates and the parties present were appraised that since the GCZMA has been duly constituted vide notification dated 26/10/2016 the concerned parties to be heard before the newly constituted Authority.
The said matter was placed in the 139th GCZMA meeting held on 07/02/2017 for grant of personal hearing to the parties wherein the Authority noted that neither the Complainant nor the Respondent were present for the personal hearing, so also, none remained present on behalf of the Village Panchayat of Anjuna. The Authority noted that the time granted by the Hon’ble NGT to decide the complaint has lapsed and hence the Authority after detailed discussion and due deliberation decided to take up the matter for 21st February with final opportunity to the complainant, the respondents and the Village Panchayat. In the event the parties fail to remain present for the next hearing, the Authority will be compelled to take decision ex-parte. The Authority decided to communicate this to all parties concerned well in advance and take this matter on 21st of February at 3.00 pm
The said matter was polaced in the 141st GCZMA meeting held on 21/02/2017. The Complainant, Mr. Elaino Pereira was present. Adv. A. Kakodkar was present on behalf of M/s. Anatares Beach Club and Resort holding for Adv. Savio Soares and placed on record Affidavit in reply and further sought for time.
The Authority after detailed discussion and due deliberation and in view of the principles of natural justice decided to grant time to the parties and informed both the parties that next date of personal hearing before the Authority will be communicated to them shortly.
It may be noted that an Application has been received from Mr. Elaino Pereira stating that he does not wish to proceed ahead with the complaint.
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The said matter was placed in the 143rd GCZMA meeting held on 07/03/2017 wherein the Complainant, Mr. Elaino Pereira was absent. Adv. Savio Soares remained present on behalf of M/s. Anatares Beach Club and Resort. The Authority noted that the Complainant, Mr. Elaino Pereira was absent and accordingly decided to grant last and final opportunity to the parties for personal hearing before the Authority and incase if any of the parties remain absent and / or seek adjournment in the matter, no further time / adjournment will be granted and the matter will be decided based on the documents available on record.
The said matter was placed in the 149th GCZMA meeting held on 09/05/2017 wherein the Authority after detailed discussion and due deliberation and taking into consideration the oral as well as written submissions and the material on record decided to accept the findings of the Inquiry Committee of the GCZMA and further decided to issue directions under Section 5 of the Environment Protection Act, 1986 directing M/s. Anatares Beach Club and Resort to demolish / remove the structures located in the property bearing Sy. No. 214/4 and 214/5 of Ozran Vagator, Anjuna, Bardez – Goa by 22nd May 2017 and restore the land to its original condition failing which the Deputy Collector & SDM, Bardez Taluka will demolish the said structures and restore the land to its original condition and report compliance by 26th May 2017. The total cost to be recovered from the alleged violator i.e. M/s. Anatares Beach Club and Resort, as arrears of land revenue in case the Deputy Collector incase the Deputy Collector demolishes the same.
Thereafter, M/s. Antares Beach Club and Resort has filed a representation requesting for an opportunity to present their case inorder to clarify on various issues which are not considered by the Authority
The said request Application was placed in the 150th GCZMA meeting held on 23/05/2017 wherein the Authority perused the representation made by M/s. Antares Beach Club and Resort and after detailed discussion and due deliberation decided not to consider / reject the Application / Representation filed by M/s. Antares Beach Club and Resort for fresh / rehearing in the matter and to reiterate its earlier decision taken in the 149th GCZMA meeting.
It is pertinent to note that a Writ Petition bearing No. 1618/2017 has been filed by Robust Resorts & Hospitality LLP before the Hon’ble High Court of Bombay at Goa contending that no that no opportunity of oral hearing was givent to petitioners before passing the impugned order and that the request fo adjournment on account of non-availability of the counsel was not entertained.
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The Hon’ble High Court disposed off the matter vide Judgment dated 13/06/2017 directing the GCZMA to grant fresh hearing to the petitioners and take a decision on the proceedings initiated under the Act, in accordance with law.
The said matter was placed in the 160th GCZMA meeting held on17/10/2017 for grant of personal hearing to the parties wherein the Authority noted that the complainant sought time. Accordingly Authority decided to place the matter 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. 2.3:
To comply with the Order dated 10/11/2017 passed by the Hon’ble NGT, Pune in O.A Application bearing No. 60/2017 in the matter of Kashinath Shetye V/s. Chief Secretary of Goa & Ors.
1. Mr. Kashinath Shetye , applicant had made complaint dated 21/03/2016 regarding
structure/construction carried out by Sagardeep Sirsaikar and Audumber Sirsaikar & ors
Survey No. 25/6 of Asagaon , Bardez Goa in Contravention of provision of CRZ
Notification 2011.
2. Accordingly Honble NGT disposed of the matter O.A Application bearing No. 60/2017
by granting liberty to applicant and Respondents to present before the Goa Coastal Zone
Management Authority (GCZMA) for personal Hearing on 14/11/2017.
In view of the above, the matter was placed before the Authority for grant of personal hearing to the parties.
Case No. 2.4:
To comply with the Order dated 10/11/2017 passed by the Hon’ble NGT, Pune in O.A Application bearing No. 61/2017 in the matter of Kashinath Shetye V/s. Chief Secretary of Goa & Ors.
1. Mr. Kashinath Shetye , applicant had made complaint dated 21/03/2016 regarding
structure/construction carried out by Respondent No. 4,5,& 6 in Survey No. 360 of
Anjuna , Bardez Goa in Contravention of provision of CRZ Notification 2011.
2. Accordingly Hon’ble NGT disposed of the matter O.A Application bearing No. 61/2017
by granting liberty to applicant and Respondents to present before the Goa Coastal Zone
Management Authority (GCZMA) for personal Hearing on 14/11/2017.
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. 2.5:
To discuss and decide on the complaint with regard to alleged illegal construction in the property bearing Sy. No. 136/4, 136/10, 136/13, 136/16 at Wadi, Candolim, Bardez - Goa and to comply with the Order dated 06/07/2017 passed by the Hon’ble NGT, Pune in Application No. 88/2016
1. 08/06/2016: Letter received from Mr. Thomas Mathew for Mr. Nandlal Khemka referring to the Show Cause Notice dated 19/05/2011 issued by the erstwhile GCZMA with regard to alleged illegal construction carried out in the property bearing Sy. No. 136/16 at Wadi, Candolim, Bardez – Goa. 2. Also, an Application bearing No. 88/2016 has been filed by Mr. Nandlal Khemka before the Hon’ble NGT thereby challenging the alleged illegal construction in the property bearing Sy. No. 136/13 by Mr. Hanumant Kandolkar, Mr. Ramesh kandolkar and Mr. Deepak Kandolkar also, alleged illegal construction carriod out in Sy No. 136/16 by Mr. Nitin Sadanand Kandolkar thereby causing encroachment in the private property of the Applicant, Mr. Nandlal Khemka in Sy. No. 136/14 at Wadi, Candolim, Bardez – Goa leading to violation of ownership and proprietary rights of the Applicant. Further, the Applicant has sought to challenge the inaction on part of the Respondent Authorities thereby stating that the GCZMA besides issuance of the Show Cause Notice dated 19/05/2011 has not taken any further action against the said violation. 3. 31/01/2017: The GCZMA was in receipt of another complaint letter from the Applicant with regard to alleged illegal construction / development in the property bearing Sy. No. 136/4 and 136/10 of Village Candolim, Bardez – Goa carried out by Mr. Vernon Rodrigues. 4. Accordingly, an inspection of the site and structures under reference was carried out by the Expert Members of the GCZMA on 03/03/2017 and submitted their report dated 28/04/2017. The site inspection report indicated that all the respondents have encroached in the property bearing Sy. No. 136/14 of Mr. Nandlal Khemka. In order to ascertain and verify the above mentioned encroachments (as per the complainant letter dated 31/1/2017 pertaining to illegal construction carried out by Mr. Vernon Rodrigues) in the property of Mr. Khemka through survey work / mapping of the site, a second site inspection was fixed for 26/7/2017 to take necessary action and for proper disposal of the matter. 5. Further the site inspection was again carried out by the Expert Members of the GCZMA alongwith Technical Officr , GCZMA and the DSLR representative on 26/07/2017. The site inspection report interalia in brief stated as follows: i) The site is a plot of land belonging to Mr. Khemka, which is rectangular in shape and is starting from the road towards the east and extending westwards towards the sea side. The plot is lying partly within 200m and partly within 200 – 500m from the HTL of CRZ III area at Waddi in Candolim village. ii) On either side, towards the northern and southern boundary of the plot there are houses.
Page 6 of 59 iii) As per the earlier site inspection report, Mr. Nitin Kandolkar is having two houses in the southern boundary, both G+1 concrete structures lying in plot with Sy. No. 136/14, and falling within 200 – 500m of the HTL. The commercial activity is seen in one of the said houses, although the construction is for residential purpose. iv) On the northern side, there exist 3 houses in a line, one house with a toilet by its side is belonging to Mr. Hanumant Kandolkar, other house belongs Late Mr. Ramesh Kandolkar and the third house is of Mr. Deepak Kandolkar. All the 3 structures are G+1 and are made of concrete. v) Mr. Vernon Rodriguese and his daughter Miss Venesa Rodrigues showed the said construction which is in the plot along the north-western side. They told that they have not done any construction in Sy. No. 136/4 and 136/10. vi) Whatever they have done is within their plot which is adjacent to Mr. Khemka’s plot. They purchased that plot in 1996 as they have the ancestral property by its side towards north. vii) In their plot next to Khemka’s plot towards its northern boundary, they have put up a compound wall with a metallic gate. Inside the compound wall, they say that an old shed covered with tin sheets was existing which was damaged and they could not use it for storing the coconuts and other material. In order to strengthen the shed they only erected un-plastered walls which they could not complete as it was brought to their notice by officials of GCZMA that whatever work has to be done should be by obtaining prior permission from GCZMA. The said incomplete structure is now covered with tin sheets and plastic sheets. viii) Miss Vesesa Rodrigues informed that if prior permission is required for repairs she is ready to submit the application along with documents for obtaining permission from GCZMA. ix) However, the survey map brought by the DSLR person did not show any existing old structure in the plot, whereas Miss Rodrigues claimed that the old structure is figuring in Cadastal Survey plan..
Conclusion & Recommendation i) As it is not possible to verify visually the alleged illegal constructions/ encroachments done by either Mr. Vernon Rodriguese and/or by Mr. Kandolkars, the DSLR person has been requested to take exact measurements of the plots with Sy. No. 136/4, 10, 13, 14 and 16 using Total Station and superimpose the survey structure on the existing plan of their record. ii) After getting superimposed plan from DSLR, any encroachment if found shall be brought to the notice of the Authority to be decided for a course of action. 6. It is pertinent to note that, the said Application No. 88/2016 has been disposed of by the Hon’ble NGT, Pune vide Order dated 06/07/2017 granting GCZMA to take action in accordance with law in respect of the structures in question.
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The said matter was placed in the 156th GCZMA meeting held on 22/08/2017 wherein the Authority after detailed discussion and due deliberation and in view of the above decided to direct the DSLR to carry out / conduct complete survey of the property in question to verify the encroachments if any and submit a superimposed plan to the GCZMA. The Authority further decided to communicate the date of site inspection for conducting DSLR survey to both the parties and further directed the parties present to remain present for personal hearing on 12/09/2017. The parties present took note of the same.
The said, matter was again placed in the 159th GCZMA meeting wherein the Authority heard both the parties. Both the compliant as well as the respondents submitted that they have not received the survey report of the DSLR and sought the copy of the same. The complainant as well the respondents were asked to collect the survey report from the CRZ section of the DSLR on 11/10/2017 and the matter was fixed for hearing on 14/11/2017.
In view of the above, the matter was placed for grant of personal hearing to the concerned parties.
Item No. 3
Case No. 3.1
NOC for proposed temporary jetty in the property bearing survey No. 287/0, situated at the bank of Mandovi rivulet, Ecoxim, Bardez, Goa.
Background: The applicant has sought clearance for proposed temporary jetty in the property bearing survey No. 28/0, situated at the bank of Mandovi rivulet, Salvador –do- Mundo village Ecoxim, Bardez, Goa. The applicant has submitted a copy of application letter dated 22/05/2017 enclosing copy of the NOC from the Panchayat dated 22/03/2017, copy of survey plan dated 14/03/2017, Copy of sale deed and Form-I & XIV.
Site Inspection Report:
Upon instruction from the Member Secretary GCZMA, a site inspection was carried out by the Expert Member Dr. Prabhakar Shirodkar on 3/11/2017. At site, Mr. Lxmikant Durbhatkar was present who showed the site and explained about the proposed construction of temporary jetty. The details are as follow;
i) The site where the temporary wooden jetty is proposed is in Sy. No. 287/0, which is abutting the rivulet of Mandovi River at Ecoxim in Salvado do Mundo. ii) The applicant has his own house at the site and the proposed jetty is in the backyard of the applicant’s house. iii) The proposed wooden jetty is with 23m long wooden walkway of 1.5m height followed by the moveable metallic gangway of 3m which will be lowered onto the floating pontoons. iv) There are mangroves existing along the bank of the rivulet but where the jetty has been proposed in the backyard of applicants house there is a sizeable gap without mangroves, except one big mangrove tree which is also just by the side of the gap and not interfering with the setting up of the wooden walkway. v) The Form I and XIV submitted indicates the applicant as the owner of the plot along with his brother who is the co-owner. vi) The applicant has produced the NOC dated 22/03/2017 from the Village Panchayat, Pomburpa for constructing the said jetty. vii) However, the NOC from the co-owner is not produced.
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viii) The applicant is from the Fisherman Community and is residing in the said house with his family since long.
Conclusion and Recommendation
i) The proposed temporary wooden jetty is within the backyard of the existing old house of the applicant. ii) The bank of the rivulet where the jetty is proposed though are having mangroves, the area specified by the applicant are devoid of mangroves where he wants to put up a wooden walkway followed by a metallic gangway and the pontoons. iii) The applicant also is from a fisher community and is residing in the house since long. iv) As per CRZ regulation, the temporary wooden jetty can be permitted provided it is a wooden walkway with wooden poles and the metallic gangway is lowered directly on the PVC Pontoons. v) He should not cut the mangroves for making a bigger area for accommodating the wooden walkway. vi) He should obtain permission from the Forest Department for any kind of trimming of the mangroves if at all to be done. vii) So also, he should obtain the permissions from the Fisheries Department and the CoP for the said proposal. viii) Lastly, he should submit the NOC from the co-owner of the property and the proof that he belongs to a fisher community. ix) After obtaining the above mentioned documents, the Authority may deliberate for a decision on NOC for the same.
In the view of the above, the matter was placed for discussion and decision in the matter.
Case No. 3.2
NOC/permission for proposed reconstruction of old residential house and the compound wall in S.Y. no. 86/16-A of Reis Magos village, Bardez, Goa by Mr. Dasharath Kalangutkar.
Background: The applicant has sought clearance for proposed reconstruction of old residential house and the compound wall in S.Y. no. 86/16-A of Reis Magos village, Bardez, Goa. The applicant has submitted a copy of application letter dated 30/08/2017 enclosing copy of the NOC from GCZMA dated 08/04/2013 for repairs and renovation of the existing house in S.Y. no. 86/16-A of Reis Magos village, Bardez, Goa., 5 copies of the site plan, Copy of sale deed between Mr. Jacob Francis Xavier Anthony Joseph Mrs. Viginia Jacob Dsouza and Mr. Dashrath Kalangutkar and Form-I & XIV.
Site Inspection Report:
Upon instruction from the Member Secretary GCZMA, a site inspection was carried out by the Expert Member Dr. Prabhakar Shirodkar on 03/11/2017. At site, the applicant Mr. Dasharath Kalangutkar was present who showed the site and explained about the proposed reconstruction. The details are as follows;
i) The site is a plot of land having an area of 390 sq.m. with Sy. No. 86/16-A and is lying along the bank of Mandovi River at Reis Magos. ii) The site is falling within 100m from the bank of Mandovi River and is therefore within NDZ area.
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iii) The southern boundary of the plot is lying on the bank of river, whereas the northern boundary of the plot is touching the Verem – Reis Magos main road. iv) At site there is an old house with a compound wall having a gate. v) Form I and XIV submitted indicates the name of Mr. Dasharath Kalangutkar as the owner of the plot which he purchased from Mr. Jacob Francis D’Souza by a sale deed dated 10/01/2013. vi) The GCZMA had earlier issued the NOC dated 09/04/2013 to Mr. Jacob Francis D’Souza for repair and renovation of the said house, however it could not be undertaken. vii) The purchaser Mr. Dasharath Kalangutkar has now applied to GCZMA for a reconstruction of the said existing old house on the same plinth. viii) The reconstruction plan submitted indicates the existing coverage area of 189.96 sq.m. and the total proposed floor area of 125.2 sq.m. with a ground floor structure having a height of around 7 m.
Conclusion and Recommendation
i) The proposed reconstruction of the existing house is within the NDZ of Mandovi River at Reis Magos village. ii) The existing house is old one and prior to its sale by the owner, the NOC dated 08/04/2013 was already issued by GCZMA for its repair and renovation. iii) The new owner Mr. Dasharath Kalangutkar after purchasing the plot applied for its reconstruction on the same plinth. iv) As per CRZ Regulation, the reconstruction of the existing old house within NDZ is permissible if it is on the same plinth. v) So also, the compound wall which is in dilapidated condition is proposed to be reconstructed of length of 81.53 sq.m. and also is permissible without changing the plinth. vi) As the proposed reconstruction is permissible, the Authority may deliberate for its decision on NOC.
In the view of the above, the matter was placed for discussion and decision in the matter.
Case No. 3.3
NOC for Proposed Construction of Beach Resort on Plot Bearing Sy. No. 371/1 to 371/26 Situated at Benaulim Village, SalceteTaluka, Goa (Devon Real Estate & Construction Pvt Ltd).
Background: The applicant has sought NOC for Proposed Construction of Beach Resort on Plot Bearing Sy. No. 371/1 to 371/26 Situated at Benaulim Village, SalceteTaluka, Goa (Devon Real Estate & Construction Pvt Ltd).
Inspection & Observation
Upon instruction from the Member Secretary, GCZMA, a site inspection was carried out by Dr.Prabhakar Shirodkar,the Expert Member of GCZMA on 25/10/2017. From the applicant’s side the members present were Mr. Justin Costa, Estate Manager of M/s Devon Real Estate, Mr.SiddharthNaik, Civil Engineer and Mr. Harish Mandrekar. The details of site inspection are as follows;
i) The site is a big plot of land having many Sy. Nos. from 371/1 to 26 and is starting from the survey boundary beyond HTL at Benaulim and extending towards east. ii) The plot is partly lying within 0-200m and partly within 200-500m from the HTL and is falling within CRZ III area of Benaulim.
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iii) The whole plot is rectangular in shape and is mostly provided with a temporary fencing from all the sides. iv) The total area of the plot is 36,095 sq.m. v) There are two accesses to the site from the main road, one is a narrow 4m wide road lying towards the south-western boundary side of the plot and the other one is a 8m wide bund road lying towards the south-eastern side of the plot. vi) There is a large sand dune lying along the 200m CRZ boundary of the plot which approximately separates the plot from the 200-500m of CRZ III area. vii) The said sand dune is mostly running in north-south direction for half of the plot area and then runs towards north-east direction keeping a passage / way towards both sides of the plot, which can be used as a walkway for going to the beach if required. viii) A temporary walkway has been made by the locals by crossing over the sand dune to go to the beach. ix) The rest of the area falling within 200-500m zone is flat and appears to be an agricultural area which was probably used for paddy cultivation in the past but abandoned since long without cultivation. x) Two small temporary shallow depressions/pond like structures filled with water could be seen within the plot area lying towards 500m boundary, however, the applicant’s representative indicated that they are not perennial water bodies but just temporary ones and are filled with rain water. They dry up soon after the monsoon. Conclusion and Recommendation
i) Though the plot area is falling partly within the NDZ and within 200-500m from the HTL, the hotel construction has been proposed within the 200-500m from the HTL. ii) The said construction is therefore permissible as per the CRZ Regulation, provided the construction is a G+1 structure, occupying 33% or less of the area and its FAR is 33% or less. iii) The construction plan submitted indicates a G+1 structure with a sloppy roof, plot coverage of 22.05% and FAR of 32.97%. iv) However, the plan indicates a basement for which the applicant has to provide a NOC from WRD. v) Similarly, the applicant has to carry out Rapid EIA study and submit the report. vi) So also, the applicant has to protect the so called two water bodies. In case the said water bodies are only of temporary nature, then they can be integrated into the proposed swimming pool of the hotel. vii) The applicant should also apply for a conversion of land from agricultural to non- agricultural. viii) The applicant should provide sufficient set back of at least 5m from the sand dune for doing the construction. ix) The applicant should also close the existing walkway passing over the sand dune and do the plantation of beach vegetation on the same sand dune area for its preservation. x) In no case the sand dune be tempered with for any kind of need. xi) Upon receipt of the above mentioned documents, the matter may be deliberated in the Authority meeting for a decision on NOC.
The Authority may deliberate and decide.
Case No. 3.4
NOC / Permission for Repair and Renovation of Crematorium along with Retaining Wall and Compound Wall in Sy. No. 130/0 of Quitla, Aldona, Bardez, Goa by Village Panchayat Aldona.
Background: The applicant has sought NOC for Repair and Renovation of Crematorium along with Retaining Wall and Compound Wall in Sy. No. 130/0 of Quitla, Aldona, Bardez, Goa.
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Site Inspection Report:
Upon instruction from the Member Secretary GCZMA, a site inspection was carried out by the Expert Member Dr. Prabhakar Shirodkar on 3/11/2017. At site, the Vice President of Vaikunth Dham (Crematorium) Mr. Premanand Kerkar and Mr. Gajanan Naik who is the husband of Ex- Sarpanch of Aldona was present who showed the site and explained about the proposed repair and renovation. The details are as follow;
i) The site where the crematorium is located is in Sy. No. 130/0 and is located at Quitla in Aldona village. ii) The crematorium site is having a rectangular plot of land lying along the bank of Mapusa River. iii) At site there is already an existing old shed, a compound wall, a room, etc. However all being old, are in dilapidated condition and demands repair and renovation. iv) Towards the eastern boundary of the site is the Mapusa River and so the site is falling within the riverine NDZ area. v) There is a proper access to the site from the main road. vi) The land at site belongs to Communidade of Aldona who has granted permission for the said proposal, vide its letter dated 5/9/2015. vii) The Village Panchayat, Aldona has also granted permission for the said proposal vide its letter dated 02/07/2017. viii) So also, the Office of H’ble Minister of State for Ayush & Minister of State for Health and Family Welfare, Govt of India vide its letter dated 25/01/2016 requested the PWD to take up the said work. ix) The work is a necessity of the people within Aldona and in the nearby areas.
Conclusion and Recommendation
i) As the existing crematorium and its facilities at site have become old and are in dilapidated condition, they need to be repaired and renovated. ii) The land owner who is the Communidade has granted the permission for the same as well as the Village Panchayat has decided to go ahead with the proposal subject to CRZ approval. iii) Although the proposed repair and renovation of the old existing crematorium and its facilities falls within the riverine NDZ area, as per the CRZ Regulation Act, the activities are permissible. iv) The reconstruction of the existing compound wall, room and the shed within the compound wall is permissible on the same plinth. v) So also, the retaining wall if reconstructed on the same plinth by not extending it further is permissible. vi) Being the essential requirement of the people in the area and also being a permissible activity, the Authority may deliberate for a decision on NOC.
The Authority may deliberate and decide.
Case No. 3.5
NOC for Proposed Construction of Hotel with a Compound Wall and a Swimming Pool in Sy. Nos. 277, 278 and 279 of Calangute Village by M/s Elliot Goa Resorts Pvt. Ltd.
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Background: Applicant has submitted application for NOC for Proposed Construction of Hotel with a Compound Wall and a Swimming Pool in Sy. Nos. 277, 278 and 279 of Calangute Village by M/s Elliot Goa Resorts Pvt. Ltd.
Site Inspection Report:
Upon instruction from the Member Secretary GCZMA, a site inspection was carried out by the Expert Members Dr. Prabhakar Shirodkar and Eng. Audhoot Bhonsule along with Mr. Fletcher Fernandes, Technical Officer of GCZMA on 16/09/2017. At site, the representative of the proponent, Mr. Ashley Jason Vaz was present along with Arch. Ajay Sardessai who showed the site and explained about the proposed construction. The details are as follow;
i) The proposed site envisages large areas having three different plots with Sy. Nos. 277, 278 and 279 along with their sub-divisions. ii) The full plot as such starts from the bank of tidally influenced Baga River towards the east of the road and extends south and westwards beyond the public tar road going from Baga to Calangute. iii) A large northwards portion of the full plot area is falling under the CRZ of the Baga River. iv) Whereas, the full plot is also falling within the 200-500m of CRZ III of Arabian Sea at Baga. v) All the plots are owned by M/s Elliot Goa Resorts Pvt Ltd as per Forms I & XIV and are roughly divided into two by Baga-Calangute main public road. vi) Towards the eastern side of the road is the Plot A whereas towards its western side is Plot B. vii) The existing Baga River is affecting both the plots and having differing widths, with an average width of 44m towards Plot A (eastern side of the plot beyond the public road) whereas its width is around 65m towards Plot B (western side of the plot beyond the public road). viii) As indicated in the plan, the proponent has left the plot area equivalent to the width of the River (which is an NDZ area) in both the plots indicating the areas as an empty space without proposing any construction. ix) The proponent has proposed 3 main buildings; Building A2 towards the eastern side of the plot away from the main road, Building A1 also towards the eastern side of the road but closer to the road and Building B which is falling towards the western side beyond the road. x) A single site plan copy submitted shows that between the Buildings A1 and A2 and the bank of Baga River there is a setback left of av. 44m which is falling within riverine NDZ area. xi) Similarly, between Building B and the bank of Baga River, the river width is more and the setback left is av. 65.1m., which is falling within the riverine NDZ. xii) The plot appears to be like a paddy field but the proponent says it is a notified Settlement Zone as per ODP, but copy of certificate as a proof of the same is not provided. xiii) The plan talks about a basement for the proposed construction for which the proponent has to submit the certificate from the Water Resources Department. xiv) The STP plants are also proposed for both the plots, however, the Swimming Pool indicated in the plan is without any setback from the NDZ line of the River. xv) More importantly, no drawing showing the full construction plan of the buildings as well as the height of the structures are submitted to get the info on FAR, etc.
Conclusion and Recommendation
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i) The proponent has proposed construction of buildings by leaving aside the riverine NDZ area in both the plots falling towards eastern and western side of the main public road. ii) A proper setback for the riverine NDZ area has been indicated in the plan. iii) Since the plot is falling within 200-500m of the CRZ III area the construction is permissible. iv) However, the plot being under the Notified Settlement Zone as per the ODP, a certificate in support of this has to be obtained from the competent authority by the proponent and submitted to GCZMA. v) Also, for the basement stilt which is proposed, a certificate from WRD has to be obtained by the proponent to allow for underground parking, to be submitted to GCZMA. vi) The proper construction plan which is not submitted by the proponent has to be submitted to the Authority giving details of construction along with the plot coverage, FAR, height of the buildings, proper setback frfom swimming pool, etc as per CRZ Regulation. vii) Being a hotel project, a Rapid EIA study needs to be done by the proponent and a report should be submitted to the Authority. viii) Upon receipt of all the above mentioned documents, the Authority may deliberate for a decision on NOC.
The Authority may deliberate and decide.
Case No.3.6
NOC/Permission for Reconstruction of one House and Repair & Renovation of other Existing Houses in Sy. No. 62/3-B at Reis Magos, Bardez, Goa by M/s ACG Associated Capsules Pvt Ltd.
Background: Applicant has submitted application for NOC for Proposed Reconstruction of one House and Repair & Renovation of other Existing Houses in Sy. No. 62/3-B at Reis Magos, Bardez, Goa. The applicant has submitted receipt dated 29/09/87 from the office of village Panchayat Reis Magos alongwith Form I & XIV Survey plan showing survey no. 3-B new structure and old structure issued by DSLR, Mapusa Goa. Deed of sale between Smt Anjali Shrikant Malik and others (vendors) and ACG Associated Capsules Private Limited.
Site Inspection:
Upon instruction from the Member Secretary GCZMA, a site inspection was carried out by the Expert Member of GCZMA Dr. Prabhakar Shirodkar on 03/11/2017. At site, the representative of the applicant Mr. Walter Dunbar was present who showed the site and explained about the proposed reconstruction. The details are as follow;
i) The site is a rectangular plot of land having 2399 sq. m. of area, with Sy. No. 62/3-B and is lying along the bank of Mandovi River at Reis Magos village. ii) The plot is already having 4 structures; with 3 structures partially intact and the 4th one lying almost in the centre of the plot is having only pillars and the partial roof left with Mangalore tiles, as most of it is in damaged condition. iii) The two structures facing each other are at the entry point of the plot near the northern boundary of the plot, whereas the third structure is in the corner at the southern boundary of the plot. iv) The fourth structure which is a slightly bigger structure is largely in damaged condition with its plinth evident and also some of its pillars left with a roof having Mangalore tiles one top to some part of the structure which is clearly visible. v) Form I and XIV submitted shows the name of M/s ACG Associated Capsules Pvt Ltd indicating its ownership of the plot.
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vi) The Survey map submitted shows the existence of all the 4 structures. vii) The Sale Deed dated 22/06/2011 made between the seller Ms Malik and the heirs and the purchaser M/s ACG Associated Capsules Pvt Ltd mentions the existence of all the 4 structures within the plot. viii) The deed says that one bigger structure with H. No. 124/A is having a plinth area of 250 sq.m., the other structure with H. No. 124/B is having a plinth area of 70 sq.m., the third structure with H. No. 124/C is having a plinth area of 70 sq. m. whereas, the fourth structure with H. No. 124/D is having a plinth area of 60 sq.m. ix) The applicant has also submitted the old letter dated 29/9/1987 from the Electricity Department informing about the completion of wiring done to the said bigger structure, which was named that time as Mangesh Saw Mill. x) Also produced is the document dated 01/09/2017 indicating the re-survey done by Inspector of Survey & Land Records, Mapusa of the existing structures /plinth as per the ground condition in the said plot bearing Sy. No. 62/3-B of Reis Magos, as per the order of the Dy. Collector, Mapusa. xi) This shows that all the structures are old ones and are prior to 1991. xii) The applicant has asked for repair and renovation of the 3 existing smaller structures which are intact and the reconstruction of the 4th slightly bigger structure on the existing plinth. xiii) The reconstruction plan submitted indicates that the reconstruction of the structure sought is for a ground floor structure only on the existing plinth. xiv) So also, the plan indicates that the proposed reconstruction of the structure is having a height less than 9m and FAR of 10%, with a coverage consumption of the plot of 11.09%.
Conclusion and Recommendation
i) The site with Sy. No. 62/3-B of Reis Magos, where the repair and renovation and reconstruction has been proposed is falling within the NDZ of Mandovi River. ii) The applicant is the owner of the plot and has proposed reconstruction on the existing plinth of only one existing, old, slightly bigger structure within NDZ of Mandovi River. iii) The record shows that all the existing old structures within the plot have house numbers as H. No. 124/A, 124/B, 124/C and 124/D. iv) Since the structures are old and prior to 1991, the repair and renovation as well as the reconstruction of the structures is permissible, if, it is on the existing plinth as per the CRZ regulation. v) The plan put up by the applicant shows that the reconstruction of the structure in on the existing plinth without increasing the coverage of plot area and the FAR. vi) Similarly, the repair and renovation of the other 3 structures will involve only plastering, tiling, painting, etc without doing any kind of construction not to change the plinth. vii) Since it is a permissible activity, the Authority may deliberate for a decision on NOC for the said proposal.
The Authority may deliberate and decide.
Item No.4
Case No. 4.1
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Minor Technical changes in the approved plans for proposed re-construction of house in the property bearing Sy. No. 43/2 (part), Morjim Village, Pernem Taluka by Shri. Narayan Bhagwan Parab.
Background: The said proposal was approved in the 147th GCZMA meeting held on 18/04/2017 wherein after detailed discussion and due deliberations decided to recommend / approve the said proposal for re-construction of house bearing H. No. 8 in the property bearing Sy. No. 43/2 (part), Morjim Village, Pernem Taluka as per enclosed plan thereby not exceeding floor space Index, Existing plinth area and height less than 9mts and subject to the confirmation with local building bye laws.
Accordingly, NOC was issued vide letter dated 06/06/2017. Subsequently, the applicant sought approval from the Town & Country Planning department -Pernem for the same. However, the TCP-Pernem has suggested changes in the drawings .In view of the above the Applicant has now submitted fresh plans.
The Authority may deliberate and decide.
Case No.4.2
Reconsideration for proposed reconstruction of house bearing H. No. 130/1 located in the property bearing Sy. No. 36/9-J, Patnem, Nagorcem Palolem Village, Canacona Taluka by Mr. Cedrick Jordan De Silva.
Background: The said proposal was approved in the 146th GCZMA meeting held on 11/04/2017 wherein Authority noted that since the said structure / house has collapsed and it is difficult to ascertain the existence of First floor to the said structure so also the height of the structure and as such decided to direct the Applicant to submit revised plans only with respect to the ground floor on the existing plinth and to take up the proposal thereafter.
Accordingly, Applicant has submitted representation sating that the structure admeasuring 21.40x11.80 having mezzanine floor with 9 mt height from Ground floor under survey no. 36/9 -J, in Nagorcem Palolem Village, Canacona Taluka.
The Authority may deliberate and decide.
Case No. 4.3
NOC for reconstruction of house bearing No. 109 located in the property bearing Survey No. 77/1 (Part) of Verem, Reis Magos Village, Bardez Taluka by Mrs. Annapurna Naik.
Background: The said proposal was approved in the 159th GCZMA meeting held on 10/10/2017 wherein Authority after due deliberations and discussion decided to reject the application for proposed reconstruction of existing house within NDZ area along River Mandovi as the applicant proposed to increase the plinth area and the FAR which is not permissible as per Para 8 III A (ii) of the CRZ Notification, 2011 as amended.
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Now the applicant has submitted the application letter alonwith site plans dated 08/11/2017 stating that the applicant proposes for reconstruction built up area is only 163 sq.mts (Ground + attic floor). The said ground floor area of the house is 141.58 sq.mt and attic floor is 22.32 Sq. mts .
The Authority may deliberate and decide.
Case No. 4.4
Reconsideration for proposed construction of Eco Boutique Resort & SPA in the plot bearing Sy. No. 109/1 situated at Betalbatim Village, Salcete – Goa by Mr. Sane Antao.
The said proposal was approved in the 152nd GCZMA meeting held on 29/06/2017 wherein Authority decided to direct the applicant to submit revised plans by superimposing the proposed construction to be carried out between 200 to 500 m on the Survey plan. Now the applicant has submitted revised plans by superimposing the proposed construction.
The Authority may deliberate and decide.
Case No. 4.5
Minor Technical changes in the approved plans (i.e. for maintaining of road setback) for proposed reconstruction of residential house bearing H. No. 5/204 located in the property bearing Sy. No. 202/4 of Calangute Village, Bardez Taluka submitted by Mrs. Aninha Rocha de Sousa Emerita.
Background: The said proposal was approved in the 120th GCZMA meeting held on 11/09/2015 wherein Authority after due deliberations and discussion decided to recommend / approve the said proposal of reconstruction of residential house bearing H. No. 5/204 located in the property bearing Sy. No. 202/4 of Calangute Village, Bardez– Goa by maintaining the existing plinth and imposing the conditions as specified under the CRZ Notification 2011, as amended.
Accordingly, NOC was issued vide letter dated 29/09/2015. Subsequently, the applicant sought approval of the NGPDA for the same. However, the NGPDA has suggested changes in the drawings to maintain setback for road widening.
In view of the above the Applicant has now submitted fresh plans including the road widening as suggested by the NGPDA, rest all remains unchanged.
The Authority may deliberate and decide.
Case No.:4.7: NOC / Permission for Reconstruction of existing structure in the property bearing Sy. No. 204/1 of Calangute Village, Bardez Taluka by Sucorrina D’Souza
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The said proposal was approved in the 158th GCZMA meeting held on 26/09/2017 wherein Authority perused the site inspection report and noted that this proposal is for reconstruction of an existing old house between 200 – 500 m however, the height of the structure is not clearly mentioned in the plan and hence decided to reject the proposal as it does not meet the requirement of height specified in the Notification and also violation of Para 8 III (B) (vii) of the CRZ Notification, 2011.
In view of the above the Applicant has now submitted revised plans rest all remains unchanged.
The Authority may deliberate and decide.
Case No.: 4.8: NOC/Permission for proposed re-development of Cargo Berths at Mormugao Port on PPP basis by Mormugao Port Trust (MPT)
Background: The GCZMA is in receipt of an Application dated 23/08/2017 from the Mormugao Port Trust (MPT) for proposed re-development of Cargo Berths at Mormugao Port on PPP basis. The MPT has submitted the EIA study report for re-development of Berth 8, 9 & Barge Berth at MPT, Goa.
The said matter was placed before the Authority in its 159th GCZMA wherein meeting held on 10/10/2017 wherein the members discussed and deliberated and sought additional time to further examine the EIA report and take up this agenda in the next meeting.
Accordingly the said placed before the Authority for discussion.
Case No.:4.9: CRZ Clearance /Permission for proposed deepening of approach Channel and Inner Basin for Capesize Vessels at Port of Mormugao Port submitted by the Mormugao Port Trust (MPT)
Background: The project proposal is received from the Chief Engineer, Mormugao Port Trust, Government of Goa, Headland - Sada - Goa vide letter bearing No. CE/PC-50/2017/3026 dated 02/08/2017 seeking approval / clearance of the GCZMA for proposed deepening of approach Channel and Inner Basin for Capesize Vessels at Port of Mormugao Taluka. The MPT has submitted the EIA study report for Capital deepening of Navigation Channel at Mormugao Port for Capesize Vessels.
The said matter was placed before the Authority in its 159th GCZMA held on 10/10/2017 wherein meeting members asked the representative of the MPT to submit the above details in writing to GCZMA and also the studies carried out by the NIO on the corals on Grande Island and thereafter take up this agenda in the next meeting
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Accordingly the said placed before the Authority for discussion.
Item No. 5: To discuss and decide on the applications received for erection of Temporary seasonal structures such as Shacks /Huts/Tents / structures in CRZ area in the Private Properties.
The GCZMA is in receipt of following proposals for erection of temporary seasonal structures such as Shacks / Huts / Tents during the year 2017-18 from various project proponents / Applicants in the private properties at various locations in the State of Goa. The para 8 (v) (3) of the CRZ Notification 2011 i.e. CRZ of Goa provides that purely temporary and seasonal structures customarily put up between the month of September to May is regulated activity. As such, such activities shall not disturb the natural vegetation / Sand dunes / turtle nesting area etc. Further based on the Beach carrying capacity report for the coastal stretch of Goa prepared by National Centre for Sustainable Coastal Management (NCSCM), Chennai.
In view of the above, following cases / applications received from various project proponents / applicants are placed before the GCZMA for deliberation and decision:
Sr. Name of background Site Inspection report No. Applicant. 1 Rui Pinto. NOC for 1 Site inspection was conducted by Expert S.No. 301/1, Shack 7 Wooden Member of (GCZMA). Dr. Prabhakar Siolim Bardez Huts 6 Seat outs. Shirodkar along with officials from GSPCB Goa. and DSLR on 10/11/2017. Site Inspection Report states that Site falls Within 200mt from HTL Area of the plot-4475 sq m
2 Torcato Sovza NOC for 1 Site inspection was conducted by Expert Monteiro. Shack, 1 Member of (GCZMA). Dr. Prabhakar Sy No. 166/1, Woodern Shirodkar along with officials from GSPCB Siolim Bardez Structure and DSLR on 10/11/2017. Goa. Site Inspection Report states that Site falls Within 200mt from HTL Area of the plot- sq m
3 Daniel NOC for 12 Huts Site inspection was conducted by Expert Mascarnhas. Member of (GCZMA). Dr. Prabhakar Sy. No. 245/5, Shirodkar along with officials from GSPCB Calangute Bardez and DSLR on 10/11/2017. Goa. Site Inspection Report states that Site falls Within 200mt from HTL Area of the plot-6775 sq m
4 Antonio Agnelo NOC for 14 Site inspection was conducted by Expert Mascarnhas. Wooden Member of (GCZMA). Dr. Prabhakar Sy. No. 254/4. Cottages. Shirodkar along with officials from GSPCB Calangute Bardez and DSLR on 10/11/2017. Goa. Site Inspection Report states that Site falls Within 200mt from HTL Area of the plot- 4450 sq m
5 Candido Cicero NOC for 8 Huts Site inspection was conducted by Expert
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Rosario de 1 Shack Member of (GCZMA). Dr. Prabhakar Nazareth. Shirodkar along with officials from GSPCB Sy.no 72/19,21 & and DSLR on 10/11/2017. 23 Site Inspection Report states that Site falls Anjuna Bardez Within 200mt from HTL Goa Area of the plot- 925 sq m
Candido Cicero NOC for 2 Huts Site inspection was conducted by Expert Rosario de 1 Reception Member of (GCZMA). Dr. Prabhakar Nazareth. Shirodkar along with officials from GSPCB Sy.no 72/18, and DSLR on 10/11/2017. Anjuna Bardez Site Inspection Report states that Site falls Goa Within 200mt from HTL Area of the plot- 675 sq m
6 Rama Resort NOC for 22 Huts Site inspection was conducted by Expert 101 ,3 Agonda 1 shack Member of (GCZMA). Dr. Prabhakar Canacona. Shirodkar along with officials from GSPCB South Goa. on 20/10/2017. Site Inspection Report states that Site falls Within 200mt from HTL Area of the plot- 3500 sq m
Item No. 6: Any other item with the permission of chair.
ADDITIONAL AGENDA ITEMS
Case No. 2.4
To discuss and decide on the application for regularisation of cattle shed in survey no.138/3, village Chicalim by Dr. S. N. Desai and Kiran Desai.
Background:
1. A Complaint was received by the Office of GCZMA dated 01/07/2015 from Dr. Mahmud Ali, Mrs. Girija Menon, Dr. Cynthia L.L Miranda, and Christopher N. Nobre regarding alleged illegal construction of Cow shed/dairy farm carried out by Dr. S.N Desai in Sy.No. 138/3, village Chicalim and also alleged illegal encroachment into properties bearing Sy.No. 138/4, 138/5 and 138/6 of Chicalim Village. 2. Accordingly the complaint was forwarded to Village Panchayat of Chicalim vide letter dated 03/07/2015 bearing ref. No. GCZMA/S/ILLE-COMPL/15-16/19/691 for action taken report. Further the said complaint was also forwarded to the office of Block Development Officer of Mormugao and office of Deputy Collector & S.D.O of Mormugao vide letters dated 27/07/2015 bearing ref no.
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GCZMA/S/ILLE-COMPL/15-16/19/1033 and ref no. GCZMA /S /ILLE-COMPL/ 15-16/1034 respectively for a action taken report. 3. Subsequently, the site in question was also inspected by Expert Member of the GCZMA along with Technical Officer GCZMA on 28/07/2015 and submitted an inspection report dated 28/07/2015. The report states that: a. Permanent cow shed/dairy farm is constructed in Sy.No. 138/3 of Chicalim Vasco Village, Mormugao Taluka. b. The cow shed/dairy farm wall is constructed of bricks and plastered and some are constructed with cement stone. c. The roof is constructed of asbestos sheet. d. The plot is of stepped slop were the cut portion of the slope is supported by laterite rubble. e. There is road from Chicalim circle to naval jetty. The alleged cowshed is at the left side of the entrance of naval property. f. The survey by Directorate of settlement and Land Records needs be initiated to ascertain to confirm the distance from HTL to the alleged illegal cowshed. g. There is lots of nuisance for residential and naval personal due to the cow shed/dairy farm. 4. The office of GCZMA was also in receipt of letter dated 30/07/2015 bearing ref. No. 19/ DSLR/ Resurvey Cell/ CRZ-River/ 48/ 15/ 2474 from Directorate of Settlement & Land Records requesting to fix joint inspection along with Expert Member of GCZMA pursuant to a application for delineation of CRZ line filed by Dr.S. N. Desai in respect of property bearing Sy.No. 138/3 of Chicalim Village , Mormugao Taluka. 5. Further the office of Additional Collector-II, Collectorate of South Goa vide letter dated 20/11/2015 forwarded a copy of report bearing no. 13(5)/ CRZ/ 2015/ 4068 dated 12/11/2015 received from the Dy. Collector & S.D.O Mormugao wherein it was interalia recorded that the said construction is within 100 mtrs of River Zuari and was without any permission from the GCZMA. The said report was submitted by the Dy. Collector & S.D.O Mormugao interms of letter issued by GCZMA dated 27/07/2015 bearing ref. no. GCZMA/ S/ ILLE-COMPL/ 15-16/ 19/ 1034 and also interms of Circular dated 01/11/2016 under no. 1-20-2004-CS/1898. 6. A joint site inspection was held on 14/08/2015 by officials Directorate of Settlement & Land Records along with Expert Member of GCZMA Mr. Raghunath Dhume, who submitted his report dated 14/08/2015 and further the office of GCZMA was later in receipt of Map depicting Delineation of CRZ line vide letter dated 10/12/2015 bearing ref. No. 19/ DSLR/ Resurvey Cell/ CRZ-
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River/ 48/ 15/ 4470 clearly indicating that the said construction of cow shed/ dairy farm is within 100 mts of River Zuari. 7. A show cause notice dated 19/04/2016 bearing ref no: GCZMA/ S/ ILLE- COMPL/ 15-16/ 19/ 142 was issued to Mr. S.N. Dessai C/o M/s Krishna Dairy Farm, behind Cottage hospital, Chicalim-Goa whereby the alleged violator was directed to show cause as why a direction to demolish the said structures and restore land to its original condition should not be issued. The said show cause notice returned back to office of GCZMA with a postal remark. 8. Further a fresh show cause notice bearing ref. No. GCZMA/ S/ ILLE-COMPL/ 15-16/ 19/ 841 dated 05/07/2016 was issued to the violator with a direction to the concerned local Panchayat/Police Inspector to serve the notice upon the violator and incase identity of the owner is not known or structures is closed the same be served by affixation notice upon the said structure. 9. The office of GCZMA is in receipt of letter from Vasco Police Station stating that show cause notice dated 5/7/2016 has been served upon the alleged violator on 13/07/2016 along with endorsed copy. Further the alleged violator has filed a reply dated 20/07/2016 interalia stating that the complaint is frivolous ill founded etc. the alleged violator has stated that the cattle shed build after obtaining development permission from Mormugao Planning and Development Authority and construction licence from Village Panchayat of Chicalim dated 04/02/2013 and 06/05/2013 respectively. It is the case of alleged violator his activity is purely agricultural and permissible in No Development Zone (NDZ). 10. The office of GCZMA was also in receipt of letter dated 17/01/2017 from Dr. Mahmud Ali, Mrs. Girija Menon, Dr. Cynthia L.L Miranda, and Christopher N. Nobre interalia requesting for personal hearing and final decision in the matter. 11. In view of above, the Authority was to hear the parties and take final decision in the matter.The said matter was placed in the 145th GCZMA meeting held on 04/04/2017 wherein the Authority noted that the DSLR report shows that the said cowshed is within NDZ. As no prior permission of the authority has been obtained so also, there is no substantial document produced on record with regard to the regularisation of said cowshed structure and hence decided to reject the application for regularisation and issue order of demolition under Section 5 of the Environment Protection Act, 1986 with a direction to Dr. S.N. Dessai to demolish the cowshed located in the property bearing Sy. No. 138/3, of Chicalim Village, Mormugao - Goa. 12. It is pertinent to note that Dr. S.N. Dessai has now vide Application dated 20/04/2017 has requested about the status of his Application for regularisation in view of the letter dated 20/10/2015 issued by the GCZMA.
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13. The said matter was further placed in the 149th GCZMA meeting held on 09/05/2017 wherein the Authority noted that the Application for regularisation of a cowshed structure filed by Dr. S.N. Dessai was already rejected in the 145th GCZMA meeting and had also decided to issue order of demolition of the said cowshed. 14. The Authority after detailed discussion and due deliberation and in view of the above decided to reiterate its earlier decision taken in the 145th GCZMA meeting and further decided not to consider the Application / Representation dated 20/04/2017 filed by Dr. S.N. Dessai. 15. Accordingly order / directions dated 26/05/2017 were issued by the GCZMA to Mr. S.N. Desai with a direction to demolish the cow shed located in the property bearing Sy. No. 138/3 at Village Chicalim, Salcete – Goa. 16. Subsequently, the said Order dated 26/05/2017 was challenged by Mr. S.N. Desai vide Writ Petition No. 638/2017 before the Hon’ble High Court of Bombay at Goa. the Hon’ble High Court vide Order dated 19/07/2017 was disposed off stating in brief states that: “The impunged Order dated 26/05/2017 deserves to be quashed and set aside and the respondents be directed to take a fresh decision on the show Cause Notice dated 05/07/2016 after giving a hearing to the petitioners.” The Hon’ble High Court fixed the date of hearing on 08/08/2017 at 3:30 p.m and giving liberty to the Petitioners to file an additional reply within one week. 17. Accordingly, Mr. S. N. Desai filed his additional reply dated 25/07/2017 which interalia in brief states as follows: a. That he is the owner of the property bearing Sy. No. 138/3 of Village Chicalim, Salcete – Goa. b. That he had a cow shed with thatched roof and he wished to obtain the benefits under the State Government “Kamdenu Sudharit Scheme” for which a pucca cow shed was mandatory and produced following documents / permissions obtained by him for the same: a) Letter dated 12/07/2016 issued by the Director, Directorate of Animal Husbandry and Veterinary Services. b) Development Permission dated 04/02/2013 issued by the Mormugao Planning and Development Authority c) Construction license dated 06/05/2013 issued by the Village Panchayat, Chicalim. d) Occupancy Certificate dated 14/08/2013 issued by the Village Panchayat . c. That he had application for regularization was filed prior to issuing of the Show Cause Notice and in this regard, the GCZMA vide letter dated
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20/10/2015 had informed that the Authority has sought certain clarifications from the MoEF and the application will be processed thereafter. However, the said application was rejected in the 145th GCZMA meeting without granting him hearing in the matter.
18. In terms of decision taken by authority in its 155th GCZMA meeting held on
08/08/2017 a demolition order dated 13/09/2017 was issued to the violator. The
said demolition order dated 13/09/2017 was challenged vide a Writ Petition
bearing no.874/2017 filed by Kiran Desai (Kiran Desai v/s GCZMA) before the
Hon’ble High court of Bombay at Goa. The Hon’ble High Court of Bombay at
Goa vide order dated 10/10/2017 has interalia directed the GCZMA to application
for regularisation of the petitioner within a period of four weeks.
In this regard notice of personal hearing is issued to all the concerned parties.
In the light of the above, the authority to discuss and deliberate upon the matter and take final decision in the matter.
Case No. 2.5
To discuss and deliberate upon complaint dated 04/03/2013 filed by Nigel Francis D’souza against Mrs. Candelina Satira Fernandes & ors for alleged illegal dumping of rubble stones and mud in the property bearing Syno.132/5 and 132/4, Village Arossim with intention of constructing an illegal road of 6 meters thereby destroying sand dunes.
The office of Goa Coastal Zone Management Authority earlier was in receipt of complaint letter dated 04/03/2013 from Mr.Nigel Francis D’souza R/o Flat A 204, Landscape shire,Caranzalem-Goa with regard to the alleged activity of dumping rubble stones and mud in the peoperty bearing survey no.132/5 of village Arossim with the intension of constructing an illegal road through the said property by Mr.Candelina Satira Fernandes & others who are the owners/occupants of the property bearing syno.123/4 all R/o HNo.100-E,Cansaulim ,Salcete-Goa which is done within CRZ area without any permission from the competent authority.
Pursuant to the said complaint a show cause notice dated 25/03/2013 bearing No.GCZMA/MORM/AROS/12- 13/07/1564 was issued to Mrs. Candelina Satira Fernandes , Mr. Malcum Martiniano Fernandes , Mr. Sanford Celsuso Fernandes, Mrs. Diana Antoneta Fernandes ,Mr. Jhon alias Joao Mariano Fernandes , Mr. Damasciano alias Damascian Fernandes, Mrs. Assuciana alias Anunciacao Marcelina Fernandes, Mrs. Ana Conceicao Josefina Fernandes , Mr. Jerson alias Gerson Constancio Pereria all R/o. H.No.100-E, Praial,Cansaulim, Salcete-Goa by the GCZMA to show cause as to why direction should not be issued to demolish the cited construction, and restore the land to its original condition. Further the said complaint was also forwarded to Deputy Collector
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& S.D.O Mormugao to inspect the site and issue stop work order vide latter dated 25/03/2013 bearing No.GCZNA/COLL/S/12-13/1565.
The of Mamlatdar of Mormugao,Vasco da-Gama submitted a report dated 25/03/13 to the Deputy Collector & S.D.O Murmugao qhich interalia had observed that a katcha road admeasuring an area of 211 sqmts in servey no 132/5 (part), 113/1 (part) and 113/2 (part) of village Arossim has been constructed by Mr. Jhon Fernandes r/o 110/E, Prial Waddo, Cansaulim-Goa within 50.00 mts of H.T.L without obtaining requisite permissions under law.
The office of Deputy Collector & S.D.O Mormugao, Vasco da- Gama based on said report of Mamlatdar of Mormugao, Vasco da- Gama issued show cause notice dated 02/04/2013 bearing ref no.12/08/2013/DYC/1212 TO Mr. Jhon Fernandes R/0 hnO.11/E, Prial Waddo,Cansaulim-goa for illegal construction of katcha Road in servey no 132/5 (part),113/1(part) and 113/2 (part) of village Arossim for not obtaining prior permission of conversion of said agricultural land into non-agricultrual use as required under Section 30 & 33 of Goa Daman & Diu Revenue Code, 1968.
A writ petition no:31/2015 was filed y the Mr.Nigel D’souza v/s GCZMA & ors before the Hon’ble High Cort of Bombay at Goa interalia aggrieved by alleged illegal construction of Katcha Road being constructed by Mr.Candelina Satria Fernandes & ors in the property bearing survey no.132/5 of village Arossim,Cansaulim and alleged inaction on part of various authorities.
The Hon’ble High court of Bombay at Goa vide order dated 18/02/2015 was pleased to dispose the above mentioned matter with a direction to the concerned authorities which interalia includes dispose of the show cause notice dated 20/03/2013 issued by the Respondent no.1 (GCZMA) as expeditiously as possible and in any event within three months from date of order in accordance with law.
Accordingly Directions were issued under Section 5 of The environment Protection Act ,1986 dated 21/7/2015 to ensure that no work of any kind and nature is carred out in the property bearing survey No 132/5 (part) , 113/1 (part) and 113/2 (part) of village Arossim,Cansaulim to the violators further wide said directions also Directed Deputy Collector & S.D.O of Mormugao ,Vasco interalia to initiate action to restore the land under reference to its original condition.
The GCZMA was in receipt of a letter dated 22/08/2016 from the office of Deputy Collector & S.D.O Mormugao interalia seeking re-examination of matter.
Thereafter GCZMA received various representations dated 13/10/2016, 23/11/2015 interalia stating non-compliance of directions dated 21/07/2015. Accordingly the site under reference was inspected by Technical officer of GCZMA Mr.Fletcher Fernandes who submitted site information report dated 15/11/2016 and recorded following observations :-
1) A Rubble road (Katcha Road ) is existing on this site.
2) The existing road is built within 200mts of HTL (N.D.Z) OF Arrosim village in Mormugao Taluka .
3) The rubble road has a width of about 2mts which starts from the main road end (tarred parking space) to a residential house in the property.
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4) Fresh materials (Rubble) was found stored on the site.
5) No ongoing constructions activity was found at the time of inspection.
The GCZMA was in receipt from representation dated 4/01/2017 for personal hearing in recpect complain filed Mr. Nigel F D’souza from Mr.Jhon alias Joao Mariano Fernandes, Mr. Diana Antoneta Fernandes , Mrs.Assuciana alias Anunciacao Marcelina Fernandes alias Anunciacao Marcelina Cardozo, Mrs. Ana Conceicao Josefina Fernandes, Mr.Jerson alias Gerson Constancio Pereira. The complainant filed writ petition bearing No. 644/2016 before the Hon’ble High Court of Bombay Goa interalia seeking implementation of directions issued by GCZMA dated 21/07/2015. The GCZMA vide affidavit dated 19/07/2017 informed the Hon’ble High Court of Bombay at Goa that they will afford oppurnity of hearing to all the parties. The Hon’ble High Court of Bombay at Goa vide order dated 25/09/2017 has interalia directed to consider the matter afresh on merits within a period of three weeks.
In this regard GCZMA in now in recipt of additional reply to the show cause noticed dated 25/03/13 from Mrs. Candelina Satira Fernandes , Mr. Malcum Martiniano Fernandes, Mr. Sanford Celsuso Fernandes, Mrs. Diana Antoneta Fernandes, Mr. Jhon alias Joao Mariano, Mrs. Assuciana alias Anunciacao Marcelina Fernandes , Mrs. Ana Conceicao Josefina Fernandes , Mr. Jerson alias Gerson Constancio Pereira .
The above mention parties in their additional reply dated 3/10/2017 have relied on following documents:- a) Reply dated 06/05/2013 to the showcause notice dated 25/03/2013 b) Suit for mandatory injunction and permanent injunction filed Mr .Nigel D’souza in the Court of Civil Judge Senior Division at Vasco c) And application for Temprorary Injunction filed Mr .Nigel D’souza in the Court of Civil Judge Senior Division at Vasco d) Written statement filed by all the Defendants in the Court of Civil Judge Senior Division at Vasco e) Affidavit in rejoinder filed Mr .Nigel D’souza in the Court of Civil Judge Senior Division at Vasco f) Affidavit in Mr .Nigel D’souza in the Court of Civil Judge Senior Division at Vasco g) Order dated 26/08/2014 past by the Court of Civil Judge Senior Division at Vasco h) Letter dated 05/03/2013 from Mr. John alias Joao Mariano Fernandes Mr. Damasciano alias Damascian Fernandes, to Sarpanch village Panchayat Canasulim-Arossim-Cuelim i) Certificate of Registration of Fishing Vessel issued by Fisheries Department to Mr .Constancio J.Fernandes of the year 1992
In this regard notice of personal hearing is issued to all the concerned parties.
In the light of the above, the authority to discuss and deliberate upon the matter and take final decision in the matter.
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Case No. 2.6
To comply with the order dated 9/08/2017 passed by the Hon’ble NGT, Pune in Original Application no.129/2017 (WZ) filed by Dr. Varun Carvalho v/s GCZMA and decide the Complaint dated 28/01/2016 received from Mr.Varun Carvalho with regard to illegal construction of residential structure carried out by Mr. Cassiano J.M. Pereira in the property Sy.No. 54/1-G, Village Cavelossim in No Development Zone (NDZ) in violation of CRZ Notification without obtaining permissions from any concerned authorities.
Background:
1. The office of GCZMA was earlier in receipt of complaint letter dated 28/01/2016 from Dr. Varun Carvalho r/o. Shop No. 4, Micon Arcade, Cavelossim regarding alleged illegal construction of residential structure carried out by Mr. Cassiano J.M. Pereira in the property Sy.No. 54/1-G, Village Cavelossim in No Development Zone (NDZ) in violation of CRZ Notification without obtaining permissions from any concerned authorities. 2. The Authority on perusal of complaint letter dated 28/01/2016 from Dr. Varun Carvalho, a Show Cause Notice bearing ref.no. GCZMA/ILLE-COMPL/16-17/06/ dated 06/05/2016 was issued to Mr. Cassiano J.M. Pereira. 3. The said complaint filed by Dr. Varun Carvalho is cross complaint against original Complainant Ms.Sweta Pereira who had earlier filed complaint 05/02/2014 with regard to encroachment of Government riverine at river Sal and illegal construction carried out in the property bearing Sy. No. 54/1 at Village Cavelossim, Salcete-Goa by Mr. James Robert Haddon alias Bob Hudson who is also P.O.A holder of Mr. Walter Egle (Swiss National) and owner of the property. 4. Accordingly, the Complaintof Ms.Sweta Pereira was forwarded to the Inquiry Committee of the GCZMA for necessary action and report. 5. The Inquiry Committee was pleased to conduct the site inspection of the property on 13/06/2014 and thereafter fixed the matter for personal hearing on 14/08/2014. The inquiry Committee submited its report with regard to complaint filed by Ms.Sweta Pereira.
6. An review Application filed by Sweta Pereira No. 41/2016(WZ) and vide Order dated 05/01/2017 interaliadirected theGCZMA to hear the parties and dispose of the complaint made by Applicants in accordance with law within four weeks thereafter. 7. The original complaint filed by Ms.Sweta Pereira was placed for final hearing in the 140th GCZMA meeting held on 15/2/2017
8. The authority in its 140th GCZMA meeting held on 15/2/2017 decided as under: After detailed discussion and due deliberation and on considering thewritten and oral submissions made by the parties, the Authority decided to deal with both the complaints independently. Further upon considering the report of the inquiry Committee submitted in
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respect of the complaint filed by Ms. Sweta Pereira against Mr. James Robert Haddon alias Bob Hudson, P.O.A holder of Mr. Walter Egle, the Authority noted that structure B is existing within the area of No Development Zone and the same was constructed after the date of CRZ Notification and without obtaining any permission from any Authority. As such the Authority decided to issue Order of demolition under Section 5 of the Environment Protection Act, 1986 in respect of the structure B shown in the site plan attached to the report submitted by the Inquiry Committee and direct Mr. Walter Egle to restore the land to its original condition.
9. Further, the Authority decided to direct the Inquiry Committee of the GCZMA to complete the exercise given to it in respect of complaint filed by Mr. Varun Carvalho against Mr. Cassiano Pereira (Present Complainant / Applicant, Ms. Sweta Pereira’s father) at the earliest i.e. on or before 27/02/2017 to enable the Authority to take decision in the matter.
10. That interms decision taken in 140th GCZMA meeting held on 15/2/2017 of final directions of demolition under section 5 of Environment Protection Act 1986 have been to issued concerned violator (with regard to complaint filed by Ms.Sweta Pereira) vide order dated 24/03/2017 and an appeal has been preferred by alleged violator against order of GCZMA before the Hon’ble NGT, Pune.
11. Now dealing with complaint which the authority has to decide i.e complaint filed Mr.VarunCarvalho dated 28/1/2016, pursuant to issuance of show cause notice dated 6/5/2016 to Mr. Cassiano J.M Pereira a joint reply dated 23/5/2016 has been filed by the Mr. Cassiano J M Pereira and Ms. Sweta Periera interalia briefly stated as under: a) That the complaint is frivolous, false, vexatious, malafied. The structure was existing in the property bearing syno.54/1-G is a dwelling unit existing prior to CRZ notification 1991 and was built to protect and conserve fish cultivation and horticulture. b) The said house/ structure has not been used for any commercial purpose nor owned/ possessed by Non traditional Coastal community. c) That the show cause notice is bad in law and only based on complaint which is baseless. d) That in the year 1990, Local Panchayat had issued show cause notice dated 23/7/90 bearing ref no.VPC/89-90/123 to respondent wife cousin late IsidorioPassanha( Joint purchaser of property before transferring all the rights to the respondents wife) to provide sufficient cause as why the said structure should not be demolished. The respondents wife cousin late IsidorioPassanha and his wife late Thereza Rodrigues e Pereira provided necessary clarifications to the local panchayat that they were local fisherman community and the said dwelling was built in order to secure their livelihood. The Local panchayat considering the clarifications / explanations the said show cause notice was quashed. e) That the said show cause notice of the year 1990 proves the existence of dwelling unit before the CRZ Notification 1991. f) The respondents belong to fishing community and carrying the fishing business. The respondents relied upon community certificate dated 10/2/2016 issued by the Niz Ramponkarcho Ekvott bearing no.521 of Mr. Cassiano J.M. Pereira.
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g) That the property was purchased jointly vide sale deed dated 16/09/1993 whereby the respondent wife cousin sold all is rights the respondents wife late Thereza Rodrigues e Pereira by sale deed dated 7/1/1994. The respondents wife thereafter applied for house tax, light tax and water tax and the same was granted in the year 1996. h) Relied upon house tax and water tax of the year 1996-97. i) That the said construction is not violation can be easily seen from various google images. j) Infact the tree cover in the property increased which depicts eco friendly approach on the part of respondent. k) That an application has been made to by the respondent for regularisation under clause 6(d) of CRZ Notification 2011.
12. The complainant has filed an rejoinder 25/10/2016 to the reply to show cause filed by respondents interalia briefly stating as under:- a) that the notice dated 1/10/1990 is in not respect of structure of Mr.Cassiano Pereira but is of the structure belonging to late IsidorioPassanha purchased by Mrs.JoanitaCoutinho vide agreement of sale dated 22/7/1993. b) That the Fabricadis annexed the portion of the said property (Syno.54/1 Cavelossim) plot “D” admeasuring 190 sqmts along with existing therein and vide sale deed dated 7/09/1993 said plot “D” was sold to Mrs. Joanita Coutinho and her husband. c) vide sale deed dated 18/11/1996 the plot “D” was sold along with house to Mr. Walter Egle. d)That the documents produced by the respondent before Hon’ble NGT, Pune in OA no.36/2016 are pertaining to structure of the complainant. e)That the structure subject matter of notice of demolition dated 1/10/1990 belong to complainant. The structure was first assed for tax by local panchayat from 1994-96 in the name of IsidorioPassanha and thereafter the it has been assessed for tax in the name of Mrs.JoanitaCoutinho from 1998 till date. f)ThatMr.IsidorioPassanha had also filed an application dated 11/10/1991 alongwith plan showing existing structure in the property purchased by Mr.WalterEgle. g)That the respondent has not produced the sale deed dated 16/09/1993 as it clearly depicts the property was OGOR i.e pond. Further that there is no mention of any structure purchased by Mrs.Thereza Pereira and there was no structure in the said portion of land. h)That the Fabrica sold the property to Mrs.Thereza Pereira as they were tenants of the same.
13. The complainant also filed documents in support of his complaint dated 28/1/2016 to support his contention that the respondent’s structure is illegal and that pond in property bearing syno.54/1-G has been illegally filled. The documents can be briefly seen as under:- I. Notice dated 1/10/1990 to Mr.IsidorioPassanha. II. Form I & XIV shows structure C of Mr.IsidorioPassanha
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III. Survey plan show structure “C” and shows property of Syno.54/1-G as pond with small bund on the eastern side. More importantly the survey plan doesn’t show structure in property bearing Syno.54/1-G. IV. Agreement dated 22/7/1993 by which Mr. IsidorioPassanha sold the property in the plot “D) which is purchased by JoanitaCoutinho. V. Deed of sale dated 18/11/1996 alongwith plan. VI. Letter dated 9/10/2013 issued by panchayat. VII. Certificate of possession under Section 16 of the Land Acquisition Act, which shows that no structure in property bearing Syno.54/1 of Cavelossim village was demolished. VIII. Award dated 24/04/1989 which shows that no compensation was paid for any structure in property bearing Syno.54/1 of Cavelossim village. IX. Report of Engg.PacoalB.Noronha dated 22/1/09 prepared at the instance of Mrs,Thereza Pereira which shows the pond has been illegally filled and structure along with compound wall was built in Syno.54/1-G. X. Complaint filed to the Deputy collector for illegal conversion of land. XI. Deed of sale dated 16/09/1993 alongwithplan Mrs.Thereza Pereira had purchased the plot “E”. The plan clearly shows the structure was not existing in the year 1993 and the property surveyed under Syno.54/1-G was a pond. XII. Letter dated 11/10/1991 was made by Mr.IssidorioPassanha to Panchayat requesting house number for the structure subsequently purchased by Mrs.Joanita and thereafter by Mr.WalterEgle. XIII. Deed of sale by which Mrs.Thereza purchased property from Mr.IsidorioPassanha. 14. The respondent filed rejoinder to reply filed by 25/10/2016 filed by the complainant briefly submitted as under:- a) The complaint filed is malafide and only to pressure the respondent to withdraw her complaint against the Mr.WalterEgle. b) The land was in possession of the purchasers namely Mrs.Thereza Rodrigues e Pereira and Mr.IsidorioPassanha as agricultural tenants and Form I and XIV states that the area of the plot is 2429 and defined as Dry crop-17.5 and Garden 6.79. c) That the in order to store agricultural implements, produce etc and other material related to fishing and horticulture and protect the fish cultivation and horticulture a dwelling unit was necessitated which was built prior to CRZ Notification. d) That they are traditional fisherman and the dwelling unit existing in Syno.54/1-G, Cavelossim village was then built to protect and conserved the fish cultivation and horticulture and same has never used for any commercial nor was possessed by non traditional coastal community. e) That the CRZ Notification has provisions secure livelihood of fishing communities and local communities and their dwelling units under Clause 6 (d) of CRZ notification 2011.
Page 30 of 59 f) The property was purchased by Mrs.Thereza Rodrigues e Pereira and Isidorio Passanha from Fabrica De Igreja De Carmona vide sale deed dated 16/09/1993. The property was brought along with appurtenance which means the dwelling unit existing in the said property. g) That in the year 1990, Local Panchayat had issued show cause notice dated 23/7/90 bearing ref no.VPC/89-90/123 to respondent wife cousin late Isidorio Passanha( Joint purchaser of property before transferring all the rights to the respondents wife) to provide sufficient cause as why the said structure should not be demolished. The respondents wife cousin late Isidorio Passanha and his wife late Thereza Rodrigues e Pereira provided necessary clarifications to the local panchayat that they were local fisherman community and the said dwelling was built in order to secure their livelihood. The Local panchayat considering the clarifications / explanations the said show cause was not pursued by it. h) That initially Mr.Isidorio Passanha moved an application dated 11/10/1991 requesting house number for the said house and said request was not responded by village panchayat hence Mrs.Thereza Rodrigues e Pereira made an application initially the same were not entertained as the they were only tenants however vide panchayat resolution bearing no 4(6) 25/10/1995 a house umber was issued to existing house. i) The respondents are carrying out fish farming and plantation activities in the said property. j) That out of natural course and due to passage of time fish pond size has been reduced. That earlier the property was not compounded and the respondents used to face rigours of soil erosion hence after purchase of the property compound wall was built. That the trees existing in the property are old and their age cane be verified with the help f experts. k) That google images can be checked only to see that number of trees have been increased in the property over period of time. l) That the fish pond is still in existence and respondents are harvesting fis from the same. m) Agreement of sale dated 22/7/1993 executed between JoanitaCoutinho and IsidorioPassanha is forged and fabricated. n) In the sale deed dated 7/09/1993 between Fabrica de IgrejaCarmona and JoanitaaCoutinho. The said sale deed doesn’t mention any structure. o) The property has been purchased by foreign national in contravention of FEMA and FERA act. p) That title of Mr.IsidorioPassanha is in respect of property bearing Syno.54/1-G, Cavelossim and not property bearing survey no.54/1 of village Cavelossim. q) As property was purchased by JoanitaCoutinho from Fabrica de Igreja Carmona vide sale deed dated 7/09/1993 there is no question of paying house tax in the year 1994-1995, 1995-1996. r) That the sale deed dated 16/09/1993 clearly mentions that the property is admeasuring an area of 2,429.
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s) That the house tax was imposed by village panchayat vide resolution dated 25/10/1995. t) That they are belong to fishing community and already produced certificate that the Mr.Cassiano J.M Pereira belongs to kharvi community. u) The Google images also depict that plantation in the property has increased which depicts environment friendly approach of the respondents. v) That the sketch of the property prepared by Inquiry Committee of GCMA is inaccurate and prepared in absence of respondents. The Demisions set out in the sketch are not done through DSLR. w) That it would be appropriate to survey of the property is done by Surveyor.
15. The Inquiry Committee of GCZMA submitted a report dated 20/03/2017 interlai submitted as under:- a)The property plot no.E having survey no.54/1-G of village Cavelossim is a pond with
bund along the river Sal on the east side of the property.
b) The survey plan prepared in the year 1971-72 do not show any structure in the
Syno.54/1-G.
c) that the notice of demolition of room dated 1/09/1990 refers to the structure in the
property Syno.54/1- D and not in the property Syno54/1-G.
d)after filling of part of pond along the bund, the structures residential house having an
area of 118 sqmts was constructed in Syno.54/1-G.
e)the structure marked by letter M in the rough sketch in syno.54/1-G was constructed
after the date of CRZ Notification 19/2/1991.
f) No construction is permissible in NDZ No development Zone and there is no approval
of GCZMA to the construction of the structure in Syno.54/1-G was carried out in
violation of CRZ Notification.
g) the filling of pond was carried without any permission from GCZMA.
h) the GCZMA to demolish the structure existing in Syno.54/1-G shown by letter M in
rough sketch attached to the report and admeasuring approx 118 sqmts.
i) the GCZMA to impose penalty for filling part of the pond without obtaining any
permission or conversion from the competent authorities.
16. An application for review of the report of the Inquiry committee report dated 20/3/2017
was filed by Adv.Sweta Pereira before the Inquiry Committee GCZMA. The said
application was objected by the complainant by filing written objections. The Inquiry
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Committee of GCZMA has decision dated 5/6/2017 dismissed the review application
dated 31/03/2017 and report dated 20/3/2017 was maintained.
17. It may be noted Dr. Varun Carvalho also filed an Original Application bearing no.
129/2017 before the Hon’ble National Green Tribunal, Pune interalia being aggrieved by
alleged illegal construction of structure in property bearing Sy.No.54/1-G of Village
Cavelossim in NDZ area of river Sal.
18. The said matter now has been disposed by the Hon’ble NGT, Pune vide Order dated
9/08/2017 directing the parties to appear before the GCZMA on 5/09/2017 at about 3.00
pm and produce all the documents and exchange copies of such documents between
themselves. The Hon’ble NGT, Pune vide said order dated 9/8/2017 has directed the
GCZMA to hear the parties and dispose off the matter within 30 days.
19. Further it may be noted that the respondent have also filed an application dated 30/09/2015 for regularisation of house in Syno.54/1-G, village Cavelossim. 20. The Respondent vide application dated 8/09/2017 has sought correction to application dated 30/09/2015 for regularisation of house and has interalia stated that the said dwelling unit was constructed prior to CRZ Notification 1991 to store implements related to fishing and plantation. 21. Further respondent vide application dated 8/09/2017 also relied upon various documents which can be seen as under:- a) Copy of the resolution of village panchayat res no.4 (6) 25/10/1995. b) Form I & XIV of property bearing Syno.54/1-G, Cavelossim. c) Copy of the reply to the show cause notice dated 28/12/2015 case ref noOA 36/2016 remanded by NGT (WZ) submitted by Dr.Varun Carvalho. d) Photographs of the structures. 22. In this regard notice of personal hearing has been issued to all the parties. The parties were heard at length during its 158th meeting held on 20/09/2017.The authority in its 158th GCZMA meeting decided to Reserve the case for Order.
In view of the above, the matter was placed for final discussion/ decision /Order in the matter.
Item No. 3
Case No. 3.7
NOC / Permission for the Proposed Construction of Residential Cottage in Sy. No. 113/1-A at Dando, Candolim village, Bardez, Goa by Mr. Trevor Pinto Miramar, Panaji.
Background: Mr. Trevor Pinto has submitted an application dated 25/07/2017 to GCZMA requesting for a NOC/permission for the construction of residential cottage in the CRZ area at
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Candolim, Bardez, Goa applicant has submitted Form I & XIV, Deed of sale alongwith site plans and photos.
Site Inspection Report:
Upon instruction from the Member Secretary GCZMA, a site inspection was carried out by the Expert Member of GCZMA Dr. Prabhakar Shirodkar along with Mr. Santosh Volvoikar of GCZMA on 03/11/2017. At site, the applicant Mr. Trevor Pinto was present along with Mr. Robert Pinto, who showed the site and explained about the proposed construction. The details of site inspection are as follows;
i) The site is a plot of land admeasuring 499 sq.m in area having Sy. No. 113/1-A and is lying by the northern side of the internal private road along Candolim-Sinquerim public road at Dando. ii) The plot is falling partly within 0-200m, but the major portion of the plot is falling within 200-500m of CRZ III area at Candolim. iii) Form I and XIV submitted indicates the name of Mr. Robert Pinto, who is the owner of the plot. Since he is residing abroad, he has given the authorization to Mr. Trevor Pinto, to obtain permission from CRZ (copy of authorization letter dated 12/11/2016 is attached). iv) Accordingly the application has been put up by Mr. Trevor Pinto to CRZ office requesting for a NOC for the said construction of residential cottage. v) The applicant has attached a copy of the survey map from the DSLR, Panaji so also, the updated P.T. Sheet No. 28 of CRZ Survey submitted indicates that the 200 m CRZ line is passing through the said plot No. 1-A of Sy. No. 113 at Dando, Candolim, Bardez, Goa. vi) The construction plan put up by the applicant indicates the construction beyond the 200m boundary; however, the 200m line shown on the plan is by the Architect himself who has drawn the construction plan. vii) So also, the plan shows a G+1 structure with a plot coverage of 23.27%, FAR of 33% and with a height of 7.63m with a flat roof on top to the central unit of the cottage.
Conclusion and Recommendation
i) The proposal put up by the applicant for construction of G+1 structure (cottage) in CRZ area is permissible if it is falling within 200-500m from the HTL in CRZ III area. ii) However, the plot No. 1-A of Sy. No. 113 at Dando in Candolim is partly falling within 0-200m, with its larger portion falling within 200-500m of CRZ III area. iii) The construction plan submitted shows the new structure within 200-500m as per the 200m CRZ line drawn by the Architect on the plan. iv) The delineation of the CRZ line has been done by the DSLR on the P.T. Sheet, but its authenticity in the construction plan is not known. v) The applicant may have to do the superimposition of the structural plan on the survey map to show that no part of the new structure is falling within the 200m of CRZ area. vi) Similarly, the plan drawn for the cottage indicates a G+1 structure with a flat roof on top to the mid portion of the cottage. vii) As per the CRZ Regulation, the new G+1 structure is permissible within 200-500m CRZ area if it occupies 33% of the area, has 33% FAR and the height is less than or equal to 9m. viii) The construction plan submitted indicates the G+1 structure with a permissible plot coverage of 23.27%, permissible FAR of 33% and permissible height of 7.63m which is less than 9m.
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ix) However, the flat roof shown to the mid portion of the cottage is not permitted by CRZ, so the applicant should be requested to submit a revised plan indicating a sloppy roof on top (with Mangalore tiles) to the mid portion of the cottage. x) This may be deliberated in the Authority meeting for a decision on NOC.
The Authority may deliberate and decide.
Case No.3.8
NOC / Permission for the Proposed Revision, Reconstruction and Renovation on the Existing Plinth By Vivanta By Taj-Fort Aguada Resort, Goa M/s Vivanta by Taj-Fort Aguada, Goa.
i) Background: Applicant has submitted an application dated 21/06/2017 to GCZMA requesting for a NOC/permission for the proposed revision, reconstruction and renovation on the existing plinth in CRZ area at Candolim, Bardez, Goa. Applicant has also asked for the construction of a swimming pool in front of the Hermitage. Applicant has submitted Form I & XIV, Deed of sale alongwith site plans and photos.
Site Inspection Report
Upon instruction from the Member Secretary GCZMA, a site inspection was carried out by the Expert Member of GCZMA Dr. Prabhakar Shirodkar along with Mr. Santosh Volvoikar of GCZMA on 03/11/2017. From the applicant’s side, the GM of Taj Fort Aguada Resorts Mr. Ravi Nischal was present along with Mr. Tukaram Machiv, who showed the site and explained about the proposed construction. The details of site inspection are as follows;
Vivanta by Taj-Fort Aguada has proposed one Reconstruction on the existing plinth and the other a Renovation on the existing plinth within the Taj Fort Aguada Resort area as follows;
a) Reconstruction of Taj Hermitage
ii) The Taj Fort Aguada site is a larger area having properties with two Sy. Numbers, one is having Sy. No. 98/0 with an area of 1,26,000 sq.m. and the other one is having Sy. No. 104/1 admeasuring 1,19,294 sq.m. in area. iii) Form I and XIV of Sy. No. 98/0 indicates the name of Indian Hotels Company Ltd, of which the Taj is a part, whereas in Form I and XIV of Sy. No. 104/1, the name of Indian Hotels Company Ltd is not mentioned. iv) It is clarified by the applicant that the said land in Sy. No. 104/1 has been taken on long lease by Indian Hotels Company Ltd and the names of the tenants are seen in Form I and XIV. A copy of the lease deed is attached by the applicant. v) The applicant has asked for a reconstruction of Taj Hermitage which is an existing old structure in Sy. No. 98/0. vi) The applicant has also asked for the construction of a swimming pool in front of the Hermitage. vii) The said Hermitage and its surrounding area is falling within 200-500 m from the HTL at Aguada. viii) Earlier there was no swimming pool within the said area in front of the Taj Hermitage. ix) The construction plan submitted by the applicant indicates that the proposed re- construction of the Hermitage is a ground floor structure only and is largely on the existing plinth with some minor extension.
Page 35 of 59 x) The area statement given on the construction plan indicates that the proposed construction will include extra built up area of only 46 sq.m. and this will increase the total built up area by only 0.028 %. xi) Considering the total plot area, all the existing structures in Sy. Nos. 98/0 and 104/1 account for 7.89% of the total built-up area, whereas by doing reconstruction of the Hermitage with minor extension, the total built-up area will be increased to 7.92%. xii) So also, the swimming pool proposed is of 76.20 sq.m. in front of the proposed reconstruction of Taj Hermitage, which is also falling outside the 200m CRZ line.
b) Coverage of All Day Dining Hall by Glass i) The All Day Dining is an open restaurant which is old one and is existing prior to 1991. This structure is falling in Sy. No. 104/1. ii) Its elevated base is having a larger lateritic plinth, on which the open type dining hall has been constructed within the plinth, by keeping a gap of > 1m from all the sides forming the steps or a ground terrace. iii) The applicant explained that being an open dining, the people sitting in it are facing lot of heat during the hot seasons as well as they are coming across problems by rain during the monsoon. iv) The applicant intends to cover the ground terrace (left over > 1m area on the plinth) by putting up the wooden frame provided with glass, so as to install A/C inside. v) The top gap will be closed by either sloppy wooden sheet or PVC material. vi) This will not involve any kind of lateritic or concrete construction. vii) However, the All Day Dining hall is falling within the 0-200m from the HTL at Aguada.
Conclusion and Recommendation i) The proposal put up by the applicant for re-construction of Taj Hermitage, which is an existing old structure, with a new swimming pool is within 200-500m from the HTL. ii) The construction of the swimming pool in front of the Hermitage is a new structure and is also falling within 200-500m from the HTL. iii) The plan put up for reconstruction of Hermitage shows the reconstruction of only a ground floor structure with slight increase in plinth area. iv) As the area, where the reconstruction of Hermitage and the swimming pool proposed is falling within 200-500m from the HTL, it is a permissible activity. v) The CRZ Regulation stipulates that either the reconstruction or a new construction of ground floor structure or of a G+1 structure is permissible within the 200-500m of CRZ III area, on the existing plinth or on a new plinth with a new structure if the coverage of plot area is 33%, FAR is 33% and the height not exceeding 9m. vi) The proposed reconstruction of Taj Hermitage and the construction of new Swimming Pool are satisfying the above norms and therefore are permissible activities within 200-500m of the CRZ area at Taj-Fort Aguada Resort. vii) Secondly, the All Day Dining Hall though, is falling within the NDZ area, the proposal is for putting up only the glass fitted on to the wooden frames on the existing plinth itself, without doing any kind of construction or an extension of the plinth. viii) So, this can be a permissible activity as it is a temporary one made of wood and glass and not a permanent construction made of laterite/concrete. ix) The Authority may deliberate for a suitable decision on NOC.
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The Authority may deliberate and decide.
Case No. 3.9
NOC for a Proposed Construction of Hotel Buildings by Mr. Mario Beraldo Fernandes in Sy. Nos. 280/11-A and 280/18 of Calangute Village, Bardez, Goa by Mr. Mario B. Fernandes.
Background: Applicant has submitted an application dated 07/09/2017 to GCZMA requesting for a NOC for a Proposed Construction of Hotel Buildings in Sy. Nos. 280/11-A and 280/18 of Calangute Village, Bardez, Goa. applicant has submitted Deed of sale and survey plan of proposed construction alongwith site plans and photos.
Site Inspection Report:
Upon instruction from the Member Secretary GCZMA, a site inspection was carried out by the Expert Members Dr. Prabhakar Shirodkar and Eng. Audhoot Bhonsule along with Mr. Fletcher Fernandes, Technical Officer of GCZMA 16/09/2017. At site, the representative of the proponent, Mr. Ashley Jason Vaz was present who showed the site and explained about the proposed construction. The details are as follow;
i) The proposed site of construction is having two plots of land, one is an amalgamation of 3 plots originally having Sy. Nos. 280/11, 14 and 16, with a new Sy. No. 280/11-A assigned to it after amalgamation. ii) The said amalgamated plot with a new Sy. No. 280/11-A is a bigger plot having 3534 sq.m. of area and the other plot by its side is a smaller plot with Sy. No. 280/18, having 576 sq.m. of area. iii) The applicant wants to do the construction of hotel buildings using both these plots. iv) However, both the plots are largely falling within 200-500m from the HTL of the Arabian Sea at Baga, with a small west side portion of the plots falling within 0- 200m from the HTL of the Sea in CRZ III area. v) However, the plot is well away from the HTL of tidally influenced Baga Creek having 60m width, and so it is not falling within the riverine NDZ at Baga. vi) Forms I and XIV submitted show that Mr. Mario Beraldo Fernandes is the owner of both the plots. vii) Both the plots are elongated plots extending in east-west direction and are having an access from the main road. viii) There exist residential structures on either side of these two plots. ix) The plots look like a paddy field but the representative says that it is a Notified Settlement Zone as per the ODP for which no certificate is attached. x) The applicant has not submitted Annexure IV and Form I for seeking clearance from CRZ. xi) The plan submitted shows a basement for parking, indicating the height of the basement as 3.5m. xii) The plan also shows coverage of the plot of 30.30%, an FAR of 32.99% and a height of 9m for the structures from the ground level. xiii) The plan shows an STP for the project, with a water harvesting tank by its side.
Conclusion and Recommendation
i) The proponent has proposed construction of new buildings for the hotel project by amalgamation of the plots.
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ii) Though the major portion of the plot is falling within 200-500m from the HTL of Arabian Sea at Baga, partly, the plot is falling within 0-200m from the HTL of the Sea, which the proponent is keeping as a vacant area without any construction. iii) Though the plot appears to be the field area, the proponent says that it is falling under the Notified Settlement Zone as per the ODP. So, the proponent should be told to produce a certificate from a competent authority in this regard to be submitted to GCZMA. iv) Since the basement parking is proposed in the plan, a certificate from WRD has to be obtained by the proponent for allowing for underground basement for parking and submitted to GCZMA. v) Also the height of the basement proposed is 3.5m which is beyond the normally created basements. vi) As per CRZ Notification, the construction of hotel buildings is permissible within 200-500m of CRZ III area provided the plot coverage is 33%, FAR is 33% and the height is less then or up to 9m. vii) These conditions are satisfied by the plan submitted by the proponent, except the height of the basement which is more (3.5m) than the normal height. viii) Being a hotel project, a Rapid EIA study needs to be done by the proponent and a report should be submitted to the Authority. ix) Lastly, the proponent has to submit the questionnaire in Annexure IV of CRZ Notification which is not accompanying the application. x) Upon receipt of all the above mentioned documents, the Authority may deliberate for a decision on NOC.
The Authority may deliberate and decide.
Case No. 3.10
Permission for the proposed “BIOSCOPE” which is to be executed during 48th International Film Festival of India 2017 by Entertainment Society of Goa.
Background: Entertainment Society of Goa has submitted the application for proposed “BIOSCOPE” which is to be executed during 48th International Film Festival of India 2017. It is proposed to have fringe activities titled “BIOSCOPE” at Art Park, Campal from 20th November 2017 to 28th November 2017 for general public. The proposed “BIOSCOPE” will have the following temporary structures only: 1. 4 Cinema Screening Theatres 2. 2 F & B Areas with seating arrangements 3. 8 Stalls 4. Small performance stage 5. Skill studio 6. Pavilion 7. Décor and General lighting. The above work will be executed by M/s Encompass Events Pvt. Ltd and all the structures will be temporary and the same is dismantled /removed on 28th November 2017 and no permanent structures will be erected.
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In view of the above the Authority may deliberate and decide.
Case No. 3.11
NOC/Permission for proposed construction of 15 MLD STP in the property bearing Sy. No. 119/0 at Bandora by Sewerage & Infrastructural Development Corporation of Goa Ltd.
Background: Agenda of the 155th GCZMA meeting held on 08/08/2017 may be referred.
The said matter was placed in the 155th GCZMA meeting held on 08/08/2017 wherein the Authority after detailed discussion and due deliberation and in view of the above decided to direct the applicant, Sewerage & Infrastructural Development Corporation of Goa Ltd., to submit survey plan indicating revised location plan of the proposed site and to take up the proposal thereafter.
Accordingly, the Applicant has submitted revised location plan of STP in property bearing Sy. No. 119/0 showing the distance of proposed STP from River Zuari.
The said proposal was placed in the 156th GCZMA meeting held on 22/08/2017 wherein The Authority noted that the Applicant has submitted a plan, however, the same is just a sketch and is not prepared by the DSLR which is an authorized agency to prepare such plans.
The Authority after detailed discussion and due deliberation and in view of the above decided to direct the Applicant to submit a location plan obtained from the DSLR and to take up the matter thereafter.
Now, the Applicant has submitted a revised site / location plan indicating old proposed location and new proposed location of the STP on the DSLR site plan and has also stated that care will be taken inorder to avoid any damage to the existing mangroves.
The Authority perused the revised site / location plan submitted by the SIDCG depicting the new proposed location of the STP and noted that the said plan does not show the distance of the new proposed location from the Zuari river so also, it is not clear whether there exists any mangroves in the said new location.
The said proposal was placed in the 157th GCZMA meeting held on 19/09/2017 wherein Authority after detailed discussion and due deliberation and in view of the above decided to conduct a re-inspection of the site under reference through its Expert members inorder to ascertain the distance of the proposed new location of the STP from the Zuari River so also to verify whether there exists any mangroves in the said new location and to take up the proposal thereafter.
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Accordingly the site inspection was conducted on 09-11-17 at 10.30 A.M by the Member Secretary (GCZMA) alongwith officials of sewerage and Infrastructure Development Corporation of Goa. Shri. Dilip Dhavlikar and Shri. Pradeep Gaude.
The old site is more suitable than the new site due to the following reasons:
1) The new proposed location is at a distance of 100mts from the old location. The new location is inaccessible at present and will require cutting of more mangroves and land filling to make the access road. 2) In case of any calamity the old site is close to road area and easily accessible for fire brigade etc. and to deal with any situation. 3) Hence the old site is more suitable for project.
In view of the above the Authority may deliberate and decide.
ADDITIONAL AGENDA ITEMS
Case No. 2.6
To discuss and decide on the application for regularisation of cattle shed in survey no.138/3, village Chicalim by Dr. S. N. Desai and Kiran Desai.
Background:
18. A Complaint was received by the Office of GCZMA dated 01/07/2015 from Dr. Mahmud Ali, Mrs. Girija Menon, Dr. Cynthia L.L Miranda, and Christopher N. Nobre regarding alleged illegal construction of Cow shed/dairy farm carried out by Dr. S.N Desai in Sy.No. 138/3, village Chicalim and also alleged illegal encroachment into properties bearing Sy.No. 138/4, 138/5 and 138/6 of Chicalim Village. 19. Accordingly the complaint was forwarded to Village Panchayat of Chicalim vide letter dated 03/07/2015 bearing ref. No. GCZMA/S/ILLE-COMPL/15-16/19/691 for action taken report. Further the said complaint was also forwarded to the office of Block Development Officer of Mormugao and office of Deputy Collector & S.D.O of Mormugao vide letters dated 27/07/2015 bearing ref no. GCZMA/S/ILLE-COMPL/15-16/19/1033 and ref no. GCZMA /S /ILLE-COMPL/ 15-16/1034 respectively for a action taken report. 20. Subsequently, the site in question was also inspected by Expert Member of the GCZMA along with Technical Officer GCZMA on 28/07/2015 and submitted an inspection report dated 28/07/2015. The report states that: h. Permanent cow shed/dairy farm is constructed in Sy.No. 138/3 of Chicalim Vasco Village, Mormugao Taluka. i. The cow shed/dairy farm wall is constructed of bricks and plastered and some are constructed with cement stone. j. The roof is constructed of asbestos sheet.
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k. The plot is of stepped slop were the cut portion of the slope is supported by laterite rubble. l. There is road from Chicalim circle to naval jetty. The alleged cowshed is at the left side of the entrance of naval property. m. The survey by Directorate of settlement and Land Records needs be initiated to ascertain to confirm the distance from HTL to the alleged illegal cowshed. n. There is lots of nuisance for residential and naval personal due to the cow shed/dairy farm. 21. The office of GCZMA was also in receipt of letter dated 30/07/2015 bearing ref. No. 19/ DSLR/ Resurvey Cell/ CRZ-River/ 48/ 15/ 2474 from Directorate of Settlement & Land Records requesting to fix joint inspection along with Expert Member of GCZMA pursuant to a application for delineation of CRZ line filed by Dr.S. N. Desai in respect of property bearing Sy.No. 138/3 of Chicalim Village , Mormugao Taluka. 22. Further the office of Additional Collector-II, Collectorate of South Goa vide letter dated 20/11/2015 forwarded a copy of report bearing no. 13(5)/ CRZ/ 2015/ 4068 dated 12/11/2015 received from the Dy. Collector & S.D.O Mormugao wherein it was interalia recorded that the said construction is within 100 mtrs of River Zuari and was without any permission from the GCZMA. The said report was submitted by the Dy. Collector & S.D.O Mormugao interms of letter issued by GCZMA dated 27/07/2015 bearing ref. no. GCZMA/ S/ ILLE-COMPL/ 15-16/ 19/ 1034 and also interms of Circular dated 01/11/2016 under no. 1-20-2004-CS/1898. 23. A joint site inspection was held on 14/08/2015 by officials Directorate of Settlement & Land Records along with Expert Member of GCZMA Mr. Raghunath Dhume, who submitted his report dated 14/08/2015 and further the office of GCZMA was later in receipt of Map depicting Delineation of CRZ line vide letter dated 10/12/2015 bearing ref. No. 19/ DSLR/ Resurvey Cell/ CRZ- River/ 48/ 15/ 4470 clearly indicating that the said construction of cow shed/ dairy farm is within 100 mts of River Zuari. 24. A show cause notice dated 19/04/2016 bearing ref no: GCZMA/ S/ ILLE- COMPL/ 15-16/ 19/ 142 was issued to Mr. S.N. Dessai C/o M/s Krishna Dairy Farm, behind Cottage hospital, Chicalim-Goa whereby the alleged violator was directed to show cause as why a direction to demolish the said structures and restore land to its original condition should not be issued. The said show cause notice returned back to office of GCZMA with a postal remark. 25. Further a fresh show cause notice bearing ref. No. GCZMA/ S/ ILLE-COMPL/ 15-16/ 19/ 841 dated 05/07/2016 was issued to the violator with a direction to the concerned local Panchayat/Police Inspector to serve the notice upon the violator
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and incase identity of the owner is not known or structures is closed the same be served by affixation notice upon the said structure. 26. The office of GCZMA is in receipt of letter from Vasco Police Station stating that show cause notice dated 5/7/2016 has been served upon the alleged violator on 13/07/2016 along with endorsed copy. Further the alleged violator has filed a reply dated 20/07/2016 interalia stating that the complaint is frivolous ill founded etc. the alleged violator has stated that the cattle shed build after obtaining development permission from Mormugao Planning and Development Authority and construction licence from Village Panchayat of Chicalim dated 04/02/2013 and 06/05/2013 respectively. It is the case of alleged violator his activity is purely agricultural and permissible in No Development Zone (NDZ). 27. The office of GCZMA was also in receipt of letter dated 17/01/2017 from Dr. Mahmud Ali, Mrs. Girija Menon, Dr. Cynthia L.L Miranda, and Christopher N. Nobre interalia requesting for personal hearing and final decision in the matter. 28. In view of above, the Authority was to hear the parties and take final decision in the matter.The said matter was placed in the 145th GCZMA meeting held on 04/04/2017 wherein the Authority noted that the DSLR report shows that the said cowshed is within NDZ. As no prior permission of the authority has been obtained so also, there is no substantial document produced on record with regard to the regularisation of said cowshed structure and hence decided to reject the application for regularisation and issue order of demolition under Section 5 of the Environment Protection Act, 1986 with a direction to Dr. S.N. Dessai to demolish the cowshed located in the property bearing Sy. No. 138/3, of Chicalim Village, Mormugao - Goa. 29. It is pertinent to note that Dr. S.N. Dessai has now vide Application dated 20/04/2017 has requested about the status of his Application for regularisation in view of the letter dated 20/10/2015 issued by the GCZMA. 30. The said matter was further placed in the 149th GCZMA meeting held on 09/05/2017 wherein the Authority noted that the Application for regularisation of a cowshed structure filed by Dr. S.N. Dessai was already rejected in the 145th GCZMA meeting and had also decided to issue order of demolition of the said cowshed. 31. The Authority after detailed discussion and due deliberation and in view of the above decided to reiterate its earlier decision taken in the 145th GCZMA meeting and further decided not to consider the Application / Representation dated 20/04/2017 filed by Dr. S.N. Dessai.
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32. Accordingly order / directions dated 26/05/2017 were issued by the GCZMA to Mr. S.N. Desai with a direction to demolish the cow shed located in the property bearing Sy. No. 138/3 at Village Chicalim, Salcete – Goa. 33. Subsequently, the said Order dated 26/05/2017 was challenged by Mr. S.N. Desai vide Writ Petition No. 638/2017 before the Hon’ble High Court of Bombay at Goa. the Hon’ble High Court vide Order dated 19/07/2017 was disposed off stating in brief states that: “The impunged Order dated 26/05/2017 deserves to be quashed and set aside and the respondents be directed to take a fresh decision on the show Cause Notice dated 05/07/2016 after giving a hearing to the petitioners.” The Hon’ble High Court fixed the date of hearing on 08/08/2017 at 3:30 p.m and giving liberty to the Petitioners to file an additional reply within one week. 34. Accordingly, Mr. S. N. Desai filed his additional reply dated 25/07/2017 which interalia in brief states as follows: d. That he is the owner of the property bearing Sy. No. 138/3 of Village Chicalim, Salcete – Goa. e. That he had a cow shed with thatched roof and he wished to obtain the benefits under the State Government “Kamdenu Sudharit Scheme” for which a pucca cow shed was mandatory and produced following documents / permissions obtained by him for the same: e) Letter dated 12/07/2016 issued by the Director, Directorate of Animal Husbandry and Veterinary Services. f) Development Permission dated 04/02/2013 issued by the Mormugao Planning and Development Authority g) Construction license dated 06/05/2013 issued by the Village Panchayat, Chicalim. h) Occupancy Certificate dated 14/08/2013 issued by the Village Panchayat . f. That he had application for regularization was filed prior to issuing of the Show Cause Notice and in this regard, the GCZMA vide letter dated 20/10/2015 had informed that the Authority has sought certain clarifications from the MoEF and the application will be processed thereafter. However, the said application was rejected in the 145th GCZMA meeting without granting him hearing in the matter.
18. In terms of decision taken by authority in its 155th GCZMA meeting held on
08/08/2017 a demolition order dated 13/09/2017 was issued to the violator. The
said demolition order dated 13/09/2017 was challenged vide a Writ Petition
bearing no.874/2017 filed by Kiran Desai (Kiran Desai v/s GCZMA) before the
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Hon’ble High court of Bombay at Goa. The Hon’ble High Court of Bombay at
Goa vide order dated 10/10/2017 has interalia directed the GCZMA to application
for regularisation of the petitioner within a period of four weeks.
In this regard notice of personal hearing is issued to all the concerned parties.
In the light of the above, the authority to discuss and deliberate upon the matter and take final decision in the matter.
Case No. 2.7
To discuss and deliberate upon complaint dated 04/03/2013 filed by Nigel Francis D’souza against Mrs. Candelina Satira Fernandes & ors for alleged illegal dumping of rubble stones and mud in the property bearing Syno.132/5 and 132/4, Village Arossim with intention of constructing an illegal road of 6 meters thereby destroying sand dunes.
The office of Goa Coastal Zone Management Authority earlier was in receipt of complaint letter dated 04/03/2013 from Mr.Nigel Francis D’souza R/o Flat A 204, Landscape shire,Caranzalem-Goa with regard to the alleged activity of dumping rubble stones and mud in the peoperty bearing survey no.132/5 of village Arossim with the intension of constructing an illegal road through the said property by Mr.Candelina Satira Fernandes & others who are the owners/occupants of the property bearing syno.123/4 all R/o HNo.100-E,Cansaulim ,Salcete-Goa which is done within CRZ area without any permission from the competent authority.
Pursuant to the said complaint a show cause notice dated 25/03/2013 bearing No.GCZMA/MORM/AROS/12- 13/07/1564 was issued to Mrs. Candelina Satira Fernandes , Mr. Malcum Martiniano Fernandes , Mr. Sanford Celsuso Fernandes, Mrs. Diana Antoneta Fernandes ,Mr. Jhon alias Joao Mariano Fernandes , Mr. Damasciano alias Damascian Fernandes, Mrs. Assuciana alias Anunciacao Marcelina Fernandes, Mrs. Ana Conceicao Josefina Fernandes , Mr. Jerson alias Gerson Constancio Pereria all R/o. H.No.100-E, Praial,Cansaulim, Salcete-Goa by the GCZMA to show cause as to why direction should not be issued to demolish the cited construction, and restore the land to its original condition. Further the said complaint was also forwarded to Deputy Collector & S.D.O Mormugao to inspect the site and issue stop work order vide latter dated 25/03/2013 bearing No.GCZNA/COLL/S/12-13/1565.
The of Mamlatdar of Mormugao,Vasco da-Gama submitted a report dated 25/03/13 to the Deputy Collector & S.D.O Murmugao qhich interalia had observed that a katcha road admeasuring an area of 211 sqmts in servey no 132/5 (part), 113/1 (part) and 113/2 (part) of village Arossim has been constructed by Mr. Jhon Fernandes r/o 110/E, Prial Waddo, Cansaulim-Goa within 50.00 mts of H.T.L without obtaining requisite permissions under law.
The office of Deputy Collector & S.D.O Mormugao, Vasco da- Gama based on said report of Mamlatdar of Mormugao, Vasco da- Gama issued show cause notice dated 02/04/2013 bearing ref no.12/08/2013/DYC/1212 TO Mr. Jhon Fernandes R/0 hnO.11/E, Prial Waddo,Cansaulim-goa for illegal construction of katcha Road in servey no 132/5 (part),113/1(part) and 113/2 (part) of village Arossim for not obtaining prior permission
Page 44 of 59 of conversion of said agricultural land into non-agricultrual use as required under Section 30 & 33 of Goa Daman & Diu Revenue Code, 1968.
A writ petition no:31/2015 was filed y the Mr.Nigel D’souza v/s GCZMA & ors before the Hon’ble High Cort of Bombay at Goa interalia aggrieved by alleged illegal construction of Katcha Road being constructed by Mr.Candelina Satria Fernandes & ors in the property bearing survey no.132/5 of village Arossim,Cansaulim and alleged inaction on part of various authorities.
The Hon’ble High court of Bombay at Goa vide order dated 18/02/2015 was pleased to dispose the above mentioned matter with a direction to the concerned authorities which interalia includes dispose of the show cause notice dated 20/03/2013 issued by the Respondent no.1 (GCZMA) as expeditiously as possible and in any event within three months from date of order in accordance with law.
Accordingly Directions were issued under Section 5 of The environment Protection Act ,1986 dated 21/7/2015 to ensure that no work of any kind and nature is carred out in the property bearing survey No 132/5 (part) , 113/1 (part) and 113/2 (part) of village Arossim,Cansaulim to the violators further wide said directions also Directed Deputy Collector & S.D.O of Mormugao ,Vasco interalia to initiate action to restore the land under reference to its original condition.
The GCZMA was in receipt of a letter dated 22/08/2016 from the office of Deputy Collector & S.D.O Mormugao interalia seeking re-examination of matter.
Thereafter GCZMA received various representations dated 13/10/2016, 23/11/2015 interalia stating non-compliance of directions dated 21/07/2015. Accordingly the site under reference was inspected by Technical officer of GCZMA Mr.Fletcher Fernandes who submitted site information report dated 15/11/2016 and recorded following observations :-
1) A Rubble road (Katcha Road ) is existing on this site.
2) The existing road is built within 200mts of HTL (N.D.Z) OF Arrosim village in Mormugao Taluka .
3) The rubble road has a width of about 2mts which starts from the main road end (tarred parking space) to a residential house in the property.
4) Fresh materials (Rubble) was found stored on the site.
5) No ongoing constructions activity was found at the time of inspection.
The GCZMA was in receipt from representation dated 4/01/2017 for personal hearing in recpect complain filed Mr. Nigel F D’souza from Mr.Jhon alias Joao Mariano Fernandes, Mr. Diana Antoneta Fernandes , Mrs.Assuciana alias Anunciacao Marcelina Fernandes alias Anunciacao Marcelina Cardozo, Mrs. Ana Conceicao Josefina Fernandes, Mr.Jerson alias Gerson Constancio Pereira. The complainant filed writ petition bearing No. 644/2016 before the Hon’ble High Court of Bombay Goa interalia seeking implementation of directions issued by GCZMA dated 21/07/2015. The GCZMA vide affidavit dated 19/07/2017 informed the Hon’ble High Court of Bombay at Goa that they will afford oppurnity of hearing to all the parties. The Hon’ble High Court of Bombay at Goa vide order dated 25/09/2017 has interalia directed to consider the matter afresh on merits within a period of three weeks.
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In this regard GCZMA in now in recipt of additional reply to the show cause noticed dated 25/03/13 from Mrs. Candelina Satira Fernandes , Mr. Malcum Martiniano Fernandes, Mr. Sanford Celsuso Fernandes, Mrs. Diana Antoneta Fernandes, Mr. Jhon alias Joao Mariano, Mrs. Assuciana alias Anunciacao Marcelina Fernandes , Mrs. Ana Conceicao Josefina Fernandes , Mr. Jerson alias Gerson Constancio Pereira .
The above mention parties in their additional reply dated 3/10/2017 have relied on following documents:- a) Reply dated 06/05/2013 to the showcause notice dated 25/03/2013 b) Suit for mandatory injunction and permanent injunction filed Mr .Nigel D’souza in the Court of Civil Judge Senior Division at Vasco c) And application for Temprorary Injunction filed Mr .Nigel D’souza in the Court of Civil Judge Senior Division at Vasco d) Written statement filed by all the Defendants in the Court of Civil Judge Senior Division at Vasco e) Affidavit in rejoinder filed Mr .Nigel D’souza in the Court of Civil Judge Senior Division at Vasco f) Affidavit in Mr .Nigel D’souza in the Court of Civil Judge Senior Division at Vasco g) Order dated 26/08/2014 past by the Court of Civil Judge Senior Division at Vasco h) Letter dated 05/03/2013 from Mr. John alias Joao Mariano Fernandes Mr. Damasciano alias Damascian Fernandes, to Sarpanch village Panchayat Canasulim-Arossim-Cuelim i) Certificate of Registration of Fishing Vessel issued by Fisheries Department to Mr .Constancio J.Fernandes of the year 1992
In this regard notice of personal hearing is issued to all the concerned parties.
In the light of the above, the authority to discuss and deliberate upon the matter and take final decision in the matter.
Case No. 2.8
To comply with the order dated 9/08/2017 passed by the Hon’ble NGT, Pune in Original Application no.129/2017 (WZ) filed by Dr. Varun Carvalho v/s GCZMA and decide the Complaint dated 28/01/2016 received from Mr.Varun Carvalho with regard to illegal construction of residential structure carried out by Mr. Cassiano J.M. Pereira in the property Sy.No. 54/1-G, Village Cavelossim in No Development Zone (NDZ) in violation of CRZ Notification without obtaining permissions from any concerned authorities.
Background:
23. The office of GCZMA was earlier in receipt of complaint letter dated 28/01/2016 from Dr. Varun Carvalho r/o. Shop No. 4, Micon Arcade, Cavelossim regarding alleged illegal construction of residential structure carried out by Mr. Cassiano J.M. Pereira in the property Sy.No. 54/1-G, Village Cavelossim in No Development Zone (NDZ) in
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violation of CRZ Notification without obtaining permissions from any concerned authorities. 24. The Authority on perusal of complaint letter dated 28/01/2016 from Dr. Varun Carvalho, a Show Cause Notice bearing ref.no. GCZMA/ILLE-COMPL/16-17/06/ dated 06/05/2016 was issued to Mr. Cassiano J.M. Pereira. 25. The said complaint filed by Dr. Varun Carvalho is cross complaint against original Complainant Ms.Sweta Pereira who had earlier filed complaint 05/02/2014 with regard to encroachment of Government riverine at river Sal and illegal construction carried out in the property bearing Sy. No. 54/1 at Village Cavelossim, Salcete-Goa by Mr. James Robert Haddon alias Bob Hudson who is also P.O.A holder of Mr. Walter Egle (Swiss National) and owner of the property. 26. Accordingly, the Complaintof Ms.Sweta Pereira was forwarded to the Inquiry Committee of the GCZMA for necessary action and report. 27. The Inquiry Committee was pleased to conduct the site inspection of the property on 13/06/2014 and thereafter fixed the matter for personal hearing on 14/08/2014. The inquiry Committee submited its report with regard to complaint filed by Ms.Sweta Pereira.
28. An review Application filed by Sweta Pereira No. 41/2016(WZ) and vide Order dated 05/01/2017 interaliadirected theGCZMA to hear the parties and dispose of the complaint made by Applicants in accordance with law within four weeks thereafter. 29. The original complaint filed by Ms.Sweta Pereira was placed for final hearing in the 140th GCZMA meeting held on 15/2/2017
30. The authority in its 140th GCZMA meeting held on 15/2/2017 decided as under: After detailed discussion and due deliberation and on considering thewritten and oral submissions made by the parties, the Authority decided to deal with both the complaints independently. Further upon considering the report of the inquiry Committee submitted in respect of the complaint filed by Ms. Sweta Pereira against Mr. James Robert Haddon alias Bob Hudson, P.O.A holder of Mr. Walter Egle, the Authority noted that structure B is existing within the area of No Development Zone and the same was constructed after the date of CRZ Notification and without obtaining any permission from any Authority. As such the Authority decided to issue Order of demolition under Section 5 of the Environment Protection Act, 1986 in respect of the structure B shown in the site plan attached to the report submitted by the Inquiry Committee and direct Mr. Walter Egle to restore the land to its original condition.
31. Further, the Authority decided to direct the Inquiry Committee of the GCZMA to complete the exercise given to it in respect of complaint filed by Mr. Varun Carvalho against Mr. Cassiano Pereira (Present Complainant / Applicant, Ms. Sweta Pereira’s father) at the earliest i.e. on or before 27/02/2017 to enable the Authority to take decision in the matter.
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32. That interms decision taken in 140th GCZMA meeting held on 15/2/2017 of final directions of demolition under section 5 of Environment Protection Act 1986 have been to issued concerned violator (with regard to complaint filed by Ms.Sweta Pereira) vide order dated 24/03/2017 and an appeal has been preferred by alleged violator against order of GCZMA before the Hon’ble NGT, Pune.
33. Now dealing with complaint which the authority has to decide i.e complaint filed Mr.VarunCarvalho dated 28/1/2016, pursuant to issuance of show cause notice dated 6/5/2016 to Mr. Cassiano J.M Pereira a joint reply dated 23/5/2016 has been filed by the Mr. Cassiano J M Pereira and Ms. Sweta Periera interalia briefly stated as under: l) That the complaint is frivolous, false, vexatious, malafied. The structure was existing in the property bearing syno.54/1-G is a dwelling unit existing prior to CRZ notification 1991 and was built to protect and conserve fish cultivation and horticulture. m) The said house/ structure has not been used for any commercial purpose nor owned/ possessed by Non traditional Coastal community. n) That the show cause notice is bad in law and only based on complaint which is baseless. o) That in the year 1990, Local Panchayat had issued show cause notice dated 23/7/90 bearing ref no.VPC/89-90/123 to respondent wife cousin late IsidorioPassanha( Joint purchaser of property before transferring all the rights to the respondents wife) to provide sufficient cause as why the said structure should not be demolished. The respondents wife cousin late IsidorioPassanha and his wife late Thereza Rodrigues e Pereira provided necessary clarifications to the local panchayat that they were local fisherman community and the said dwelling was built in order to secure their livelihood. The Local panchayat considering the clarifications / explanations the said show cause notice was quashed. p) That the said show cause notice of the year 1990 proves the existence of dwelling unit before the CRZ Notification 1991. q) The respondents belong to fishing community and carrying the fishing business. The respondents relied upon community certificate dated 10/2/2016 issued by the Niz Ramponkarcho Ekvott bearing no.521 of Mr. Cassiano J.M. Pereira. r) That the property was purchased jointly vide sale deed dated 16/09/1993 whereby the respondent wife cousin sold all is rights the respondents wife late Thereza Rodrigues e Pereira by sale deed dated 7/1/1994. The respondents wife thereafter applied for house tax, light tax and water tax and the same was granted in the year 1996. s) Relied upon house tax and water tax of the year 1996-97. t) That the said construction is not violation can be easily seen from various google images. u) Infact the tree cover in the property increased which depicts eco friendly approach on the part of respondent. v) That an application has been made to by the respondent for regularisation under clause 6(d) of CRZ Notification 2011.
34. The complainant has filed an rejoinder 25/10/2016 to the reply to show cause filed by respondents interalia briefly stating as under:-
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a) that the notice dated 1/10/1990 is in not respect of structure of Mr.Cassiano Pereira but is of the structure belonging to late IsidorioPassanha purchased by Mrs.JoanitaCoutinho vide agreement of sale dated 22/7/1993. b) That the Fabricadis annexed the portion of the said property (Syno.54/1 Cavelossim) plot “D” admeasuring 190 sqmts along with existing therein and vide sale deed dated 7/09/1993 said plot “D” was sold to Mrs. Joanita Coutinho and her husband. c) vide sale deed dated 18/11/1996 the plot “D” was sold along with house to Mr. Walter Egle. d)That the documents produced by the respondent before Hon’ble NGT, Pune in OA no.36/2016 are pertaining to structure of the complainant. e)That the structure subject matter of notice of demolition dated 1/10/1990 belong to complainant. The structure was first assed for tax by local panchayat from 1994-96 in the name of IsidorioPassanha and thereafter the it has been assessed for tax in the name of Mrs.JoanitaCoutinho from 1998 till date. f)ThatMr.IsidorioPassanha had also filed an application dated 11/10/1991 alongwith plan showing existing structure in the property purchased by Mr.WalterEgle. g)That the respondent has not produced the sale deed dated 16/09/1993 as it clearly depicts the property was OGOR i.e pond. Further that there is no mention of any structure purchased by Mrs.Thereza Pereira and there was no structure in the said portion of land. h)That the Fabrica sold the property to Mrs.Thereza Pereira as they were tenants of the same.
35. The complainant also filed documents in support of his complaint dated 28/1/2016 to support his contention that the respondent’s structure is illegal and that pond in property bearing syno.54/1-G has been illegally filled. The documents can be briefly seen as under:- XIV. Notice dated 1/10/1990 to Mr.IsidorioPassanha. XV. Form I & XIV shows structure C of Mr.IsidorioPassanha XVI. Survey plan show structure “C” and shows property of Syno.54/1-G as pond with small bund on the eastern side. More importantly the survey plan doesn’t show structure in property bearing Syno.54/1-G. XVII. Agreement dated 22/7/1993 by which Mr. IsidorioPassanha sold the property in the plot “D) which is purchased by JoanitaCoutinho. XVIII. Deed of sale dated 18/11/1996 alongwith plan. XIX. Letter dated 9/10/2013 issued by panchayat. XX. Certificate of possession under Section 16 of the Land Acquisition Act, which shows that no structure in property bearing Syno.54/1 of Cavelossim village was demolished. XXI. Award dated 24/04/1989 which shows that no compensation was paid for any structure in property bearing Syno.54/1 of Cavelossim village.
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XXII. Report of Engg.PacoalB.Noronha dated 22/1/09 prepared at the instance of Mrs,Thereza Pereira which shows the pond has been illegally filled and structure along with compound wall was built in Syno.54/1-G. XXIII. Complaint filed to the Deputy collector for illegal conversion of land. XXIV. Deed of sale dated 16/09/1993 alongwithplan Mrs.Thereza Pereira had purchased the plot “E”. The plan clearly shows the structure was not existing in the year 1993 and the property surveyed under Syno.54/1-G was a pond. XXV. Letter dated 11/10/1991 was made by Mr.IssidorioPassanha to Panchayat requesting house number for the structure subsequently purchased by Mrs.Joanita and thereafter by Mr.WalterEgle. XXVI. Deed of sale by which Mrs.Thereza purchased property from Mr.IsidorioPassanha. 36. The respondent filed rejoinder to reply filed by 25/10/2016 filed by the complainant briefly submitted as under:- x) The complaint filed is malafide and only to pressure the respondent to withdraw her complaint against the Mr.WalterEgle. y) The land was in possession of the purchasers namely Mrs.Thereza Rodrigues e Pereira and Mr.IsidorioPassanha as agricultural tenants and Form I and XIV states that the area of the plot is 2429 and defined as Dry crop-17.5 and Garden 6.79. z) That the in order to store agricultural implements, produce etc and other material related to fishing and horticulture and protect the fish cultivation and horticulture a dwelling unit was necessitated which was built prior to CRZ Notification. aa) That they are traditional fisherman and the dwelling unit existing in Syno.54/1-G, Cavelossim village was then built to protect and conserved the fish cultivation and horticulture and same has never used for any commercial nor was possessed by non traditional coastal community. bb) That the CRZ Notification has provisions secure livelihood of fishing communities and local communities and their dwelling units under Clause 6 (d) of CRZ notification 2011. cc) The property was purchased by Mrs.Thereza Rodrigues e Pereira and Isidorio Passanha from Fabrica De Igreja De Carmona vide sale deed dated 16/09/1993. The property was brought along with appurtenance which means the dwelling unit existing in the said property. dd) That in the year 1990, Local Panchayat had issued show cause notice dated 23/7/90 bearing ref no.VPC/89-90/123 to respondent wife cousin late Isidorio Passanha( Joint purchaser of property before transferring all the rights to the respondents wife) to provide sufficient cause as why the said structure should not be demolished. The respondents wife cousin late Isidorio Passanha and his wife late Thereza Rodrigues e Pereira provided necessary clarifications to the local panchayat that they were local fisherman community and the said dwelling was built in order to secure their livelihood. The Local panchayat considering the clarifications / explanations the said show cause was not pursued by it. ee) That initially Mr.Isidorio Passanha moved an application dated 11/10/1991 requesting house number for the said house and said request was not responded
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by village panchayat hence Mrs.Thereza Rodrigues e Pereira made an application initially the same were not entertained as the they were only tenants however vide panchayat resolution bearing no 4(6) 25/10/1995 a house umber was issued to existing house. ff) The respondents are carrying out fish farming and plantation activities in the said property. gg) That out of natural course and due to passage of time fish pond size has been reduced. That earlier the property was not compounded and the respondents used to face rigours of soil erosion hence after purchase of the property compound wall was built. That the trees existing in the property are old and their age cane be verified with the help f experts. hh) That google images can be checked only to see that number of trees have been increased in the property over period of time. ii) That the fish pond is still in existence and respondents are harvesting fis from the same. jj) Agreement of sale dated 22/7/1993 executed between JoanitaCoutinho and IsidorioPassanha is forged and fabricated. kk) In the sale deed dated 7/09/1993 between Fabrica de IgrejaCarmona and JoanitaaCoutinho. The said sale deed doesn’t mention any structure. ll) The property has been purchased by foreign national in contravention of FEMA and FERA act. mm) That title of Mr.IsidorioPassanha is in respect of property bearing Syno.54/1-G, Cavelossim and not property bearing survey no.54/1 of village Cavelossim. nn) As property was purchased by JoanitaCoutinho from Fabrica de Igreja Carmona vide sale deed dated 7/09/1993 there is no question of paying house tax in the year 1994-1995, 1995-1996. oo) That the sale deed dated 16/09/1993 clearly mentions that the property is admeasuring an area of 2,429. pp) That the house tax was imposed by village panchayat vide resolution dated 25/10/1995. qq) That they are belong to fishing community and already produced certificate that the Mr.Cassiano J.M Pereira belongs to kharvi community. rr) The Google images also depict that plantation in the property has increased which depicts environment friendly approach of the respondents. ss) That the sketch of the property prepared by Inquiry Committee of GCMA is inaccurate and prepared in absence of respondents. The Demisions set out in the sketch are not done through DSLR. tt) That it would be appropriate to survey of the property is done by Surveyor.
37. The Inquiry Committee of GCZMA submitted a report dated 20/03/2017 interlai submitted as under:-
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a)The property plot no.E having survey no.54/1-G of village Cavelossim is a pond with
bund along the river Sal on the east side of the property.
b) The survey plan prepared in the year 1971-72 do not show any structure in the
Syno.54/1-G.
c) that the notice of demolition of room dated 1/09/1990 refers to the structure in the
property Syno.54/1- D and not in the property Syno54/1-G.
d)after filling of part of pond along the bund, the structures residential house having an
area of 118 sqmts was constructed in Syno.54/1-G.
e)the structure marked by letter M in the rough sketch in syno.54/1-G was constructed
after the date of CRZ Notification 19/2/1991.
f) No construction is permissible in NDZ No development Zone and there is no approval
of GCZMA to the construction of the structure in Syno.54/1-G was carried out in
violation of CRZ Notification.
g) the filling of pond was carried without any permission from GCZMA.
h) the GCZMA to demolish the structure existing in Syno.54/1-G shown by letter M in
rough sketch attached to the report and admeasuring approx 118 sqmts.
i) the GCZMA to impose penalty for filling part of the pond without obtaining any
permission or conversion from the competent authorities.
38. An application for review of the report of the Inquiry committee report dated 20/3/2017
was filed by Adv.Sweta Pereira before the Inquiry Committee GCZMA. The said
application was objected by the complainant by filing written objections. The Inquiry
Committee of GCZMA has decision dated 5/6/2017 dismissed the review application
dated 31/03/2017 and report dated 20/3/2017 was maintained.
39. It may be noted Dr. Varun Carvalho also filed an Original Application bearing no.
129/2017 before the Hon’ble National Green Tribunal, Pune interalia being aggrieved by
alleged illegal construction of structure in property bearing Sy.No.54/1-G of Village
Cavelossim in NDZ area of river Sal.
40. The said matter now has been disposed by the Hon’ble NGT, Pune vide Order dated
9/08/2017 directing the parties to appear before the GCZMA on 5/09/2017 at about 3.00
pm and produce all the documents and exchange copies of such documents between
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themselves. The Hon’ble NGT, Pune vide said order dated 9/8/2017 has directed the
GCZMA to hear the parties and dispose off the matter within 30 days.
41. Further it may be noted that the respondent have also filed an application dated 30/09/2015 for regularisation of house in Syno.54/1-G, village Cavelossim. 42. The Respondent vide application dated 8/09/2017 has sought correction to application dated 30/09/2015 for regularisation of house and has interalia stated that the said dwelling unit was constructed prior to CRZ Notification 1991 to store implements related to fishing and plantation. 43. Further respondent vide application dated 8/09/2017 also relied upon various documents which can be seen as under:- e) Copy of the resolution of village panchayat res no.4 (6) 25/10/1995. f) Form I & XIV of property bearing Syno.54/1-G, Cavelossim. g) Copy of the reply to the show cause notice dated 28/12/2015 case ref noOA 36/2016 remanded by NGT (WZ) submitted by Dr.Varun Carvalho. h) Photographs of the structures. 44. In this regard notice of personal hearing has been issued to all the parties. The parties were heard at length during its 158th meeting held on 20/09/2017.The authority in its 158th GCZMA meeting decided to Reserve the case for Order.
In view of the above, the matter was placed for final discussion/ decision /Order in the matter.
Item No. 3
Case No. 3.7
NOC / Permission for the Proposed Construction of Residential Cottage in Sy. No. 113/1-A at Dando, Candolim village, Bardez, Goa by Mr. Trevor Pinto Miramar, Panaji.
Background: Mr. Trevor Pinto has submitted an application dated 25/07/2017 to GCZMA requesting for a NOC/permission for the construction of residential cottage in the CRZ area at Candolim, Bardez, Goa applicant has submitted Form I & XIV, Deed of sale alongwith site plans and photos.
Site Inspection Report:
Upon instruction from the Member Secretary GCZMA, a site inspection was carried out by the Expert Member of GCZMA Dr. Prabhakar Shirodkar along with Mr. Santosh Volvoikar of GCZMA on 03/11/2017. At site, the applicant Mr. Trevor Pinto was present along with Mr. Robert Pinto, who showed the site and explained about the proposed construction. The details of site inspection are as follows;
viii) The site is a plot of land admeasuring 499 sq.m in area having Sy. No. 113/1-A and is lying by the northern side of the internal private road along Candolim-Sinquerim public road at Dando. ix) The plot is falling partly within 0-200m, but the major portion of the plot is falling within 200-500m of CRZ III area at Candolim.
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x) Form I and XIV submitted indicates the name of Mr. Robert Pinto, who is the owner of the plot. Since he is residing abroad, he has given the authorization to Mr. Trevor Pinto, to obtain permission from CRZ (copy of authorization letter dated 12/11/2016 is attached). xi) Accordingly the application has been put up by Mr. Trevor Pinto to CRZ office requesting for a NOC for the said construction of residential cottage. xii) The applicant has attached a copy of the survey map from the DSLR, Panaji so also, the updated P.T. Sheet No. 28 of CRZ Survey submitted indicates that the 200 m CRZ line is passing through the said plot No. 1-A of Sy. No. 113 at Dando, Candolim, Bardez, Goa. xiii) The construction plan put up by the applicant indicates the construction beyond the 200m boundary; however, the 200m line shown on the plan is by the Architect himself who has drawn the construction plan. xiv) So also, the plan shows a G+1 structure with a plot coverage of 23.27%, FAR of 33% and with a height of 7.63m with a flat roof on top to the central unit of the cottage.
Conclusion and Recommendation
xi) The proposal put up by the applicant for construction of G+1 structure (cottage) in CRZ area is permissible if it is falling within 200-500m from the HTL in CRZ III area. xii) However, the plot No. 1-A of Sy. No. 113 at Dando in Candolim is partly falling within 0-200m, with its larger portion falling within 200-500m of CRZ III area. xiii) The construction plan submitted shows the new structure within 200-500m as per the 200m CRZ line drawn by the Architect on the plan. xiv) The delineation of the CRZ line has been done by the DSLR on the P.T. Sheet, but its authenticity in the construction plan is not known. xv) The applicant may have to do the superimposition of the structural plan on the survey map to show that no part of the new structure is falling within the 200m of CRZ area. xvi) Similarly, the plan drawn for the cottage indicates a G+1 structure with a flat roof on top to the mid portion of the cottage. xvii) As per the CRZ Regulation, the new G+1 structure is permissible within 200-500m CRZ area if it occupies 33% of the area, has 33% FAR and the height is less than or equal to 9m. xviii) The construction plan submitted indicates the G+1 structure with a permissible plot coverage of 23.27%, permissible FAR of 33% and permissible height of 7.63m which is less than 9m. xix) However, the flat roof shown to the mid portion of the cottage is not permitted by CRZ, so the applicant should be requested to submit a revised plan indicating a sloppy roof on top (with Mangalore tiles) to the mid portion of the cottage. xx) This may be deliberated in the Authority meeting for a decision on NOC.
The Authority may deliberate and decide.
Case No.3.8
NOC / Permission for the Proposed Revision, Reconstruction and Renovation on the Existing Plinth By Vivanta By Taj-Fort Aguada Resort, Goa M/s Vivanta by Taj-Fort Aguada, Goa.
xiii) Background: Applicant has submitted an application dated 21/06/2017 to GCZMA requesting for a NOC/permission for the proposed revision, reconstruction and renovation on the existing plinth in CRZ area at Candolim, Bardez, Goa. Applicant has also asked for the construction of a swimming pool in
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front of the Hermitage. Applicant has submitted Form I & XIV, Deed of sale alongwith site plans and photos.
Site Inspection Report
Upon instruction from the Member Secretary GCZMA, a site inspection was carried out by the Expert Member of GCZMA Dr. Prabhakar Shirodkar along with Mr. Santosh Volvoikar of GCZMA on 03/11/2017. From the applicant’s side, the GM of Taj Fort Aguada Resorts Mr. Ravi Nischal was present along with Mr. Tukaram Machiv, who showed the site and explained about the proposed construction. The details of site inspection are as follows;
Vivanta by Taj-Fort Aguada has proposed one Reconstruction on the existing plinth and the other a Renovation on the existing plinth within the Taj Fort Aguada Resort area as follows;
b) Reconstruction of Taj Hermitage
xiv) The Taj Fort Aguada site is a larger area having properties with two Sy. Numbers, one is having Sy. No. 98/0 with an area of 1,26,000 sq.m. and the other one is having Sy. No. 104/1 admeasuring 1,19,294 sq.m. in area. xv) Form I and XIV of Sy. No. 98/0 indicates the name of Indian Hotels Company Ltd, of which the Taj is a part, whereas in Form I and XIV of Sy. No. 104/1, the name of Indian Hotels Company Ltd is not mentioned. xvi) It is clarified by the applicant that the said land in Sy. No. 104/1 has been taken on long lease by Indian Hotels Company Ltd and the names of the tenants are seen in Form I and XIV. A copy of the lease deed is attached by the applicant. xvii) The applicant has asked for a reconstruction of Taj Hermitage which is an existing old structure in Sy. No. 98/0. xviii) The applicant has also asked for the construction of a swimming pool in front of the Hermitage. xix) The said Hermitage and its surrounding area is falling within 200-500 m from the HTL at Aguada. xx) Earlier there was no swimming pool within the said area in front of the Taj Hermitage. xxi) The construction plan submitted by the applicant indicates that the proposed re- construction of the Hermitage is a ground floor structure only and is largely on the existing plinth with some minor extension. xxii) The area statement given on the construction plan indicates that the proposed construction will include extra built up area of only 46 sq.m. and this will increase the total built up area by only 0.028 %. xxiii) Considering the total plot area, all the existing structures in Sy. Nos. 98/0 and 104/1 account for 7.89% of the total built-up area, whereas by doing reconstruction of the Hermitage with minor extension, the total built-up area will be increased to 7.92%. xxiv) So also, the swimming pool proposed is of 76.20 sq.m. in front of the proposed reconstruction of Taj Hermitage, which is also falling outside the 200m CRZ line.
b) Coverage of All Day Dining Hall by Glass
viii) The All Day Dining is an open restaurant which is old one and is existing prior to 1991. This structure is falling in Sy. No. 104/1. ix) Its elevated base is having a larger lateritic plinth, on which the open type dining hall has been constructed within the plinth, by keeping a gap of > 1m from all the sides forming the steps or a ground terrace. x) The applicant explained that being an open dining, the people sitting in it are facing lot of heat during the hot seasons as well as they are coming across problems by rain during the monsoon.
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xi) The applicant intends to cover the ground terrace (left over > 1m area on the plinth) by putting up the wooden frame provided with glass, so as to install A/C inside. xii) The top gap will be closed by either sloppy wooden sheet or PVC material. xiii) This will not involve any kind of lateritic or concrete construction. xiv) However, the All Day Dining hall is falling within the 0-200m from the HTL at Aguada.
Conclusion and Recommendation
x) The proposal put up by the applicant for re-construction of Taj Hermitage, which is an existing old structure, with a new swimming pool is within 200-500m from the HTL. xi) The construction of the swimming pool in front of the Hermitage is a new structure and is also falling within 200-500m from the HTL. xii) The plan put up for reconstruction of Hermitage shows the reconstruction of only a ground floor structure with slight increase in plinth area. xiii) As the area, where the reconstruction of Hermitage and the swimming pool proposed is falling within 200-500m from the HTL, it is a permissible activity. xiv) The CRZ Regulation stipulates that either the reconstruction or a new construction of ground floor structure or of a G+1 structure is permissible within the 200-500m of CRZ III area, on the existing plinth or on a new plinth with a new structure if the coverage of plot area is 33%, FAR is 33% and the height not exceeding 9m. xv) The proposed reconstruction of Taj Hermitage and the construction of new Swimming Pool are satisfying the above norms and therefore are permissible activities within 200-500m of the CRZ area at Taj-Fort Aguada Resort. xvi) Secondly, the All Day Dining Hall though, is falling within the NDZ area, the proposal is for putting up only the glass fitted on to the wooden frames on the existing plinth itself, without doing any kind of construction or an extension of the plinth. xvii) So, this can be a permissible activity as it is a temporary one made of wood and glass and not a permanent construction made of laterite/concrete. xviii) The Authority may deliberate for a suitable decision on NOC.
The Authority may deliberate and decide.
Case No. 3.9
NOC for a Proposed Construction of Hotel Buildings by Mr. Mario Beraldo Fernandes in Sy. Nos. 280/11-A and 280/18 of Calangute Village, Bardez, Goa by Mr. Mario B. Fernandes.
Background: Applicant has submitted an application dated 07/09/2017 to GCZMA requesting for a NOC for a Proposed Construction of Hotel Buildings in Sy. Nos. 280/11-A and 280/18 of Calangute Village, Bardez, Goa. applicant has submitted Deed of sale and survey plan of proposed construction alongwith site plans and photos.
Site Inspection Report:
Upon instruction from the Member Secretary GCZMA, a site inspection was carried out by the Expert Members Dr. Prabhakar Shirodkar and Eng. Audhoot Bhonsule along with Mr. Fletcher Fernandes, Technical Officer of GCZMA 16/09/2017. At site, the representative of the proponent, Mr. Ashley Jason Vaz was present who showed the site and explained about the proposed construction. The details are as follow;
Page 56 of 59 xiv) The proposed site of construction is having two plots of land, one is an amalgamation of 3 plots originally having Sy. Nos. 280/11, 14 and 16, with a new Sy. No. 280/11-A assigned to it after amalgamation. xv) The said amalgamated plot with a new Sy. No. 280/11-A is a bigger plot having 3534 sq.m. of area and the other plot by its side is a smaller plot with Sy. No. 280/18, having 576 sq.m. of area. xvi) The applicant wants to do the construction of hotel buildings using both these plots. xvii) However, both the plots are largely falling within 200-500m from the HTL of the Arabian Sea at Baga, with a small west side portion of the plots falling within 0- 200m from the HTL of the Sea in CRZ III area. xviii) However, the plot is well away from the HTL of tidally influenced Baga Creek having 60m width, and so it is not falling within the riverine NDZ at Baga. xix) Forms I and XIV submitted show that Mr. Mario Beraldo Fernandes is the owner of both the plots. xx) Both the plots are elongated plots extending in east-west direction and are having an access from the main road. xxi) There exist residential structures on either side of these two plots. xxii) The plots look like a paddy field but the representative says that it is a Notified Settlement Zone as per the ODP for which no certificate is attached. xxiii) The applicant has not submitted Annexure IV and Form I for seeking clearance from CRZ. xxiv) The plan submitted shows a basement for parking, indicating the height of the basement as 3.5m. xxv) The plan also shows coverage of the plot of 30.30%, an FAR of 32.99% and a height of 9m for the structures from the ground level. xxvi) The plan shows an STP for the project, with a water harvesting tank by its side.
Conclusion and Recommendation xi) The proponent has proposed construction of new buildings for the hotel project by amalgamation of the plots. xii) Though the major portion of the plot is falling within 200-500m from the HTL of Arabian Sea at Baga, partly, the plot is falling within 0-200m from the HTL of the Sea, which the proponent is keeping as a vacant area without any construction. xiii) Though the plot appears to be the field area, the proponent says that it is falling under the Notified Settlement Zone as per the ODP. So, the proponent should be told to produce a certificate from a competent authority in this regard to be submitted to GCZMA. xiv) Since the basement parking is proposed in the plan, a certificate from WRD has to be obtained by the proponent for allowing for underground basement for parking and submitted to GCZMA. xv) Also the height of the basement proposed is 3.5m which is beyond the normally created basements. xvi) As per CRZ Notification, the construction of hotel buildings is permissible within 200-500m of CRZ III area provided the plot coverage is 33%, FAR is 33% and the height is less then or up to 9m. xvii) These conditions are satisfied by the plan submitted by the proponent, except the height of the basement which is more (3.5m) than the normal height. xviii) Being a hotel project, a Rapid EIA study needs to be done by the proponent and a report should be submitted to the Authority. xix) Lastly, the proponent has to submit the questionnaire in Annexure IV of CRZ Notification which is not accompanying the application.
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xx) Upon receipt of all the above mentioned documents, the Authority may deliberate for a decision on NOC.
The Authority may deliberate and decide.
Case No. 3.10
Permission for the proposed “BIOSCOPE” which is to be executed during 48th International Film Festival of India 2017 by Entertainment Society of Goa.
Background: Entertainment Society of Goa has submitted the application for proposed “BIOSCOPE” which is to be executed during 48th International Film Festival of India 2017. It is proposed to have fringe activities titled “BIOSCOPE” at Art Park, Campal from 20th November 2017 to 28th November 2017 for general public. The proposed “BIOSCOPE” will have the following temporary structures only: 1. 4 Cinema Screening Theatres 2. 2 F & B Areas with seating arrangements 3. 8 Stalls 4. Small performance stage 5. Skill studio 6. Pavilion 7. Décor and General lighting. The above work will be executed by M/s Encompass Events Pvt. Ltd and all the structures will be temporary and the same is dismantled /removed on 28th November 2017 and no permanent structures will be erected. In view of the above the Authority may deliberate and decide.
Case No. 3.11
NOC/Permission for proposed construction of 15 MLD STP in the property bearing Sy. No. 119/0 at Bandora by Sewerage & Infrastructural Development Corporation of Goa Ltd.
Background: Agenda of the 155th GCZMA meeting held on 08/08/2017 may be referred.
The said matter was placed in the 155th GCZMA meeting held on 08/08/2017 wherein the Authority after detailed discussion and due deliberation and in view of the above decided to direct the applicant, Sewerage & Infrastructural Development Corporation of Goa Ltd., to submit survey plan indicating revised location plan of the proposed site and to take up the proposal thereafter.
Accordingly, the Applicant has submitted revised location plan of STP in property bearing Sy. No. 119/0 showing the distance of proposed STP from River Zuari.
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The said proposal was placed in the 156th GCZMA meeting held on 22/08/2017 wherein The Authority noted that the Applicant has submitted a plan, however, the same is just a sketch and is not prepared by the DSLR which is an authorized agency to prepare such plans.
The Authority after detailed discussion and due deliberation and in view of the above decided to direct the Applicant to submit a location plan obtained from the DSLR and to take up the matter thereafter.
Now, the Applicant has submitted a revised site / location plan indicating old proposed location and new proposed location of the STP on the DSLR site plan and has also stated that care will be taken inorder to avoid any damage to the existing mangroves.
The Authority perused the revised site / location plan submitted by the SIDCG depicting the new proposed location of the STP and noted that the said plan does not show the distance of the new proposed location from the Zuari river so also, it is not clear whether there exists any mangroves in the said new location.
The said proposal was placed in the 157th GCZMA meeting held on 19/09/2017 wherein Authority after detailed discussion and due deliberation and in view of the above decided to conduct a re-inspection of the site under reference through its Expert members inorder to ascertain the distance of the proposed new location of the STP from the Zuari River so also to verify whether there exists any mangroves in the said new location and to take up the proposal thereafter.
Accordingly the site inspection was conducted on 09-11-17 at 10.30 A.M by the Member Secretary (GCZMA) alongwith officials of sewerage and Infrastructure Development Corporation of Goa. Shri. Dilip Dhavlikar and Shri. Pradeep Gaude.
The old site is more suitable than the new site due to the following reasons:
4) The new proposed location is at a distance of 100mts from the old location. The new location is inaccessible at present and will require cutting of more mangroves and land filling to make the access road. 5) In case of any calamity the old site is close to road area and easily accessible for fire brigade etc. and to deal with any situation. 6) Hence the old site is more suitable for project.
In view of the above the Authority may deliberate and decide.
Sd/- (Member Secretary) Goa Coastal Zone Management Authority
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