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AGENDA ITEMS for the 130Th MEETING of the GOA COASTAL ZONE MANAGEMENT AUTHORITY (GCZMA) to BE HELD on 21/06/2016 (TUESDAY) at 3:00 P.M

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AGENDA ITEMS for the 130Th MEETING of the GOA COASTAL ZONE MANAGEMENT AUTHORITY (GCZMA) to BE HELD on 21/06/2016 (TUESDAY) at 3:00 P.M AGENDA ITEMS FOR THE 130th MEETING OF THE GOA COASTAL ZONE MANAGEMENT AUTHORITY (GCZMA) TO BE HELD ON 21/06/2016 (TUESDAY) AT 3:00 P.M. IN THE CONFERENCE HALL, 2ND FLOOR, SECRETARIAT, PORVORIM – GOA. Item No.1: To confirm the minutes of the 129th Meeting of the GCZMA held on 19/05/2016. The members may kindly give their comments / suggestions, if any and the same may be confirmed. Item No. 2: To discuss and decide on Court Matters / Directional Matters / Complaints of Violation of the CRZ Notification 1991 / 2011 and Allied / Connected Matters Case No. 2.1: To comply with the order dated 31/03/2016 of the Hon’ble NGT, Pune in Appeal No. 95/2015 filed by Mr. Joseph John Fernandes against the Order of demolition bearing no. GCZMA/ILLE-COMPL/13-14/74/2101 dated 09/12/2015 issued by GCZMA with regard to the illegal & unauthorized construction of structure / house (Structure D) carried out in the property bearing Sy. No. 153/7 of Village Candolim, Bardez Taluka by Mr. Joseph John Fernandes. Background: 1. A complaint letter dated 14/03/2014 was received from Mr. Ivor Kaitan D’Souza, R/o. 11/84, CCI Colony, Unnat Nagar 4, Goregaon West, Mumbai with regard to alleged illegal & unauthorized construction of house carried out in the property bearing Sy. No. 153/7 of Village Candolim, Bardez – Goa by Mr. Joseph John Fernandes. 2. Upon receipt of the said complaint dated 14/03/2014, the said complaint was forwarded to the Inquiry Committee of the GCZMA vide letter bearing No. GCZMA / ILLE- COMPL/13-14/74/1782 dated 25/03/2014 for inquiry and report in the matter. 3. The Inquiry Committee after conducting due inquiry in the matter which includes inspection of the site and hearing to the parties prepared its report dated 05/05/2015 and submitted the same on dated 07/05/2015. 4. The report of the Inquiry Committee of the GCZMA inter alia in brief states that the entire property surveyed under No. 153/7 is the subject matter of the Inventory Proceedings No. 109/2011/F in the Court of Civil Judge, Senior Division, Mapusa, that the structure D in Sy. No. 153/7 falls within the area of 200 to 500 mts. of CRZ – III, wherein the construction activities are permissible subject to the Town & Country Planning Rules, the CRZ Authority direct the affected party or whomsoever the residential house Structure D is allotted in the Inventory Proceedings, to regularize the structure D in Sy. No. 153/7 of Village Candolim, Bardez – Goa. Page 1 of 123 5. It may be noted that after submission of the report by the Inquiry Committee of GCZMA, an Application bearing no. 41/2015 has been filed by the Complainant Mr. Ivor Kaitan D’Souza before the Hon’ble National Green Tribunal at Pune thereby challenging the inaction on the part of the authorities to act in respect of the construction being carried out by Mr. Joseph John Fernandes without necessary approvals as required under the law. 6. The Hon’ble National Green Tribunal vide its Order dated 21/05/2015 based on a statement of Ld. Adv Fawia Mesquita was pleased to order to take a final decision in the matter in view of the report submitted by the Inquiry Committee of GCZMA. 7. During the pendency of the proceedings before the Hon’ble National Green Tribunal received another Complaint letter dated 11/07/2015 from Mr. Ivor Kaitan D’Souza informing about the construction of another new structure between the structures B, C and D which are being utilized for the commercial activities. 8. The said fact of alleged new illegal construction was also brought to the notice of the Hon’ble National Green Tribunal on 16/07/2015 and the Hon’ble National Green Tribunal was pleased to order that GCZMA to take final decision in the matter which shall be inclusive of any further illegal structure if it is so noticed and pointed out by the Applicant / Complainant on representation. 9. Accordingly, inspection of the site was conducted on 11/08/2015 in view of the second complaint letter dated 11/07/2015 by the Expert Member of GCZMA alongwith the Technical Officer of GCZMA. 10. During the site inspection following observations are recorded: - a) There is an old structure which is shown on the survey plan of DSLR. b) Apart from the old structure there is a house in the property on which Inquiry Committee has already conducted inquiry and recommended the GCZMA to regularize the structure. c) The Sy. No. 153/7 of Candolim Village of Bardez Taluka falls between 200 to 500 mts from HTL of Arabian Sea. d) On site there was no structure as shown by the Complainant on the map attached to his complaint and no new recent construction was noticed on site. 11. The matter was then placed before the Authority in its 120th meeting held on 11/09/2015 for discussion and decision in the matter. 12. The Authority after detailed discussion and due deliberation decided to issue Order of demolition under Section 5 of the Environment Protection Act, 1986 read with other enabling provisions to the Violator, Mr. Joseph John Fernandes to demolish the said structure / house (i.e. Structure D) located in the property bearing Sy. No. 153/7 of Village Candolim, Bardez – Goa with further directions to restore the land to its original state, failing which the Dy. Collector & SDM, Bardez to demolish the said Page 2 of 123 structure and restore the land to its original condition and recover the expenses arrears of land revenue from the violator. 13. As far as subsequent Complaint letter dated 11/07/2015 from Mr. Ivor Kaitan D’Souza informing about the construction of another new structure between the structures B, C and D, the Authority came to the conclusion that since no structure exists as observed by the Expert Member of the GCZMA no further action is required in respect of the complaint letter dated 11/07/2015 and to dispose of the said complaint dated 11/07/2015 accordingly. 14. Accordingly, the Office of GCZMA vide Order bearing no. GCZMA/ILLE- COMPL/13-14/74/1580 dated 28/09/2015 issued directions under section 5 of the EPA, 1986 to Mr. Joseph John Fernandes to demolish the structure / house (Structure D) located in the property bearing Sy. No. 153/7 of Village Candolim, Bardez-Goa. 15. Subsequently, an appeal bearing no. 60/2015 was preferred by Mr. Joseph John Fernandes against the said Order of demolition before the Hon’ble National Green Tribunal, Pune mainly on the ground that no personal hearing was given to the party by the Authority and that an application for regularization of the structure ‘D’ which is held as illegal by GCZMA has been filed which needs to be considered. 16. The Hon’ble NGT, Pune vide its Order dated 17/10/2015 was pleased to dispose of the Appeal with a direction to GCZMA to consider the representation of Joseph Fernandes for regularization of the structure ‘D’ within a period of eight weeks and also to give an opportunity of hearing to both the parties with a further direction to the parties to appear on 23/11/2015 and the GCZMA to hear them on the same day and they shall place on record the documents and submissions which they wish to rely upon without any adjournment. 17. The said matter was placed in the 122nd GCZMA meeting held on 23/11/2015 for grant of personal hearing to the concerned parties. The said personal hearing was conducted in presence of the Complainant Mr. Ivor Kaitan D’Souza and the Respondent Mr. Joseph John Fernandes alongwith his Advocate Asha Desai. The Proceedings of the said meeting are indicated herebelow: • The complainant submitted that he is one of the co-owner of the property bearing Sy. No. 153/7 of Village Candolim, Bardez-Goa and that the said property is not divided as yet. He further stated that an Inventory Proceeding is pending before the Civil Court. However, the said structure ‘D’ is not listed in the Inventory Proceedings. The structure ‘D’ is not shown in the survey plan pertaining to Sy. No. 153/7 of Village Candolim, Bardez-Goa. The complainant further submitted that in the guise of application for regularization of structure Mr. Joseph John Fernandes has filed an application for permission for proposed construction of structure, whereas actually Mr. Joseph John Fernandes had already illegally constructed the structure without obtaining necessary approvals from the Page 3 of 123 concerned authorities such as license from the Village Panchayat etc. and approval from the GCZMA as required under the CRZ Notification, 1991/2011. He further mentioned that the name of Mr. Joseph John Fernandes is not shown nor the name of the father of Mr. Joseph John Fernandes is reflected in Form I & XIV. The Deed of Gift relied on by Mr. Joseph John Fernandes does not prove the ownership to the property bearing Sy. No. 153/7. That till 2012 Mr. Joseph John Fernandes was not in Goa and was residing at Mumbai and as such cannot be said to be a resident of Goa nor belong to a fisherman community and hence is not entitled for regularization of structure in terms of the CRZ Notification, 2011. • Ld. Adv. Asha Desai appeared on behalf of Mr. Joseph John Fernandes and filed a reply dated 23/11/2015 alongwith the documents annexed thereto and the same is taken on record.
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