(Gczma) to Be Held on 24/04/2018 (Tuesday) at 3:30 P.M

AGENDA ITEMS FOR THE 173rd MEETING OF THE GOA COASTAL ZONE MANAGEMENT AUTHORITY (GCZMA) TO BE HELD ON 24/04/2018 (TUESDAY) AT 3:30 P.M. IN THE CONFERENCE HALL, 2ND FLOOR, SECRETARIAT, PORVORIM – GOA.

Item No. 1:

Case No. 1.1 To discuss and decide on the complaint letter dated 29/10/2014 filed by Mr. Pedrito Mesquita with regard to alleged illegal construction of structure / shop in Sy.No. 44/2-A at Souza Vaddo, Candolim, Bardez-Goa by Mr. Perpeto A.R Fernandes and illegal construction of 5 shops in Sy.No. 44/2 at Souza Vaddo, Candolim, Bardez- Goa by Mr. Joao Louis Fernandes within 500 mts from HTL

1. 29/10/2014: Received two complaint letters from Mr. Pedrito Misquitta, r/o. Souza Vaddo, Candolim, Bardez, Goa regarding the alleged illegal construction of structure / shop in Sy.No. 44/2-A at Souza Vaddo, Candolim, Bardez-Goa by Mr. Perpeto A.R Fernandes and illegal construction of 5 shops in Sy.No. 44/2 at Souza Vaddo, Candolim, Bardez-Goa by Mr. Joao Louis Fernandes within 500 mts from HTL, both r/o. Souza vaddo, Candolim, Bardez, Goa. . 2. 17/11/2014: A Show cause notice cum stop work issued to both the alleged violators. Also letters were issued to the Village Panchayat of Candolim and Deputy Collector of Bardez for necessary action on their part. 3. 24/11/2014: Both the Respondents filed reply stating as follows: That the construction was completed way back in the year 1989 and since then payment of taxes were made to the Village Panchayat of Candolim and that the complainant is himself holding i0llegal activities in Sy. No. 44/4. Further relied on documents such as copy of letter regarding requirement of information/copies of documents under RTI Act 2005 by John Louis Fernandes, Copy of reply to RTI issued by the VP Candolim, Rough Sketch Plan, copy of Panchanama, Memorandum issued by the Dy. Collector & SDO of Mapusa Sub- Division to John Luis Fernandes, copy of the letter from John L. Fernandes requesting to take immediate action under section 66 (S) of Goa Panchayat Raj Act, 1994 on illegal construction, Memorandum issued by the Directorate of Panchayat, Notice issued by the Block Development Officer, Bardez, Goa .

4. 14/05/2015: Received a letter from the Village Panchayat Candolim which stated as under:

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i. That no construction licence is issued either to Shri. Perpetuo A.R. Fernandes or Shri. John Louis Fernandes in Sy.No. 44/2-A & 44/2 at Souza Vaddo, Candolim, Bardez, Goa. ii. That although the Panchayat has assessed House Tax against H.No. 237/3 in the name of Shri. Perpetuo A.R. Fernandes w.e.f 2008-2009 in Sy.No. 44/2-A and against H.No. 238 w.e.f 1989-90, H.No. 238/A and 238/B w.e.f 1994-95 in the name of Shri. Joao Luois Fernandes in the Sy.No. 44/2, the same do not pertain to the structures appearing with respect to the show cause notice issued by the office of the GCZMA. 5. 17/08/2015: - Received a letter from Mr. Pedrito Misquita submitting documents obtained under RTI from the Village Panchayat such as letter dated 20/06/2009, reply filed by the PIO of teh Vilage Panchayat clarifying that no house numbers are allotted to any of teh purported shops. 6. 27/10/2016:A letter was received from Perpetuo A.R.Fernandes which states that the shops were built by his mother Joanita Fernandes somewhere in teh year 1988- 89 when CRZ Notification was not applicable and placed on record following documents: i. Copy of the Deed of Partition; ii. Tax Receipts from Village panchayat; iii. Re-Survey plan showing the structures; iv. Copy inwarded before PDA to regularise the shops; 7. 16/12/2016:-The site was inspected by the Technical Officer and Junior Scientific Assistant of the GCZMA. The observations recorded at the site are as under: i. The site is located in the property bearing Sy.No. 44/2 & 44/2-A at Village Candolim, Taluka Bardez, Goa, between 200 mts to 500mts from the HTL of the Arabian Sea i.e in the settlement Zone. ii. On site a total of six structures (shops) are erected/constructed on landwards side, along the calangute-sinquerim main road. iii. All the six structures (shops) are erected/constructed in Sy.No. 44/2 & 44/2-A. iv. A total of 5 structures shops are erected/constructed in Sy.No. 44/2, the details are given as follows: a) One masonary structure covered with zinc sheets, run in the name “Kottakkal Arya Vaidya Sala”. b) One RCC structure run in the name “Fem Jewellers”. c) One RCC structure run in the name Ïndian Arts Gallery”. d) One RCC structure covered with zinc sheets.

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e) One stall erected using bamboo & wooden logs/poles covered with plastic sheets, bamboo cane mat & zinc sheet. f) The structure (shop) constructed in Sy.No. 44/2-A includes: One RCC structure with terrace and 4 columns erected for first floor, a fabricated iron staircase leading to the terrace. The structure is run in the name “Hollywood Fashion”. g) All the above said structures are used for commercial purpose. The said matter was placed for personal hearing during 155th GCZMA meeting held on 08/08/2017. Wherein the Complainant, Mr. Pedrito Misquita was present in person. The Respondents, Mr. Perpeto A.R Fernandes and Mr. Joao Louis Fernandes were also present.Both the parties were heard at length and submissions made were recorded. After detailed discussion and deliberation the matter was reserved for Order. Further this office is in receipt of review application dated 11/10/2017 filed by respondent r. Perpeto A.R Fernandes and Mr. Joao Louis Fernandes of demolition order dated 22/09/2017 issued by GCZMA. this office is in receipt of objection for review dated 07/11/2017 from Mr. Pedrito Mequita pertaining to demolition Notice dated 22/09/2017 issued to Mr. Perpeto A.R Fernandes and Mr. Joao Louis Fernandes in the property bearing Sy. No. 44/2 A and 44 /2 of Candolim Village, Bardez – Goa by GCZMA. Mr. Joao Louis Fernandes filed a Writ Petition bearing W.P No. 77/2018 interalia raising a grievance that his review application is not decided by GCZMA. The Hon’ble High Court of Bombay at Goa vide order dated 16/01/2018 interalia directed the GCZMA to consider the review application and take an appropriate decision on it in accordance with as expeditiously by as possible.

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

Case No. 1.2 To comply with the order dated 22/01/2018passed by Hon’ble High Court of Bombay at Goa in contempt petition no.2/2018 in Writ Petition no.497/2017 Background: the Office of the Goa Coastal Zone Management Authority was in receipt of complaint letter dated 15/06/2015 as referred above from Mr.Jaime Rodrigues r/o.H.no.421,Bandol,Curtorim,Salcete-Goa regarding alleged illegal construction of room shed, stage and dancing floor on the Bank of Zuari carried out by Mr.Armando Barreto r/o of H.no.409/A,Suclem, Curtorim, Salcete-Goa in Sy.No 568/1 & 568/1 of village Curtorim, Salcete-Goa. Further, authority was in receipt of a representation dated 05/08/2015 regarding earlier complaint dated 15/06/2015 filed against Mr.armando

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Barreto pertaining to illegalities carried out in Sy.No. 568/1 & 568/2 village Curtorim and requested to conduct site inspection and action in the said matter. The GCZMA fixed site inspection of the above mentioned site/area on 18/08/2015.The site Under reference was inspected by Technical Officer GCZMA and Jr. Scientific assistant GCZMA and submitted an inspection report dated 18/08/2015. taking into consideration complaint dated 15/06/2015 and the site inspection report dated 18/08/2015 submitted by officials of GCZMA,a Show Cause Notice cum Stop Work Order bearing ref.no.GCZMA/S/ILLE-compl/15-16/20/1574 dated 23/09/2015 was issued to Mr.Armando Barreto for alleged illegal construction of path way, room/shed ,bar counter, toilets, stage and dance floor. The Authority was further in receipt of another representation from Judith Almeida,r/o.257/1,Bagdem,3rd ward,Colva ,Salcete-Goa 22/03/2015 producing documents depicting illegalities of structures in Sy.No.567/29, 568/1,2 in Curtorim village ,Salcete-Goa adjacent to the river Zuari done by Mr.Armando Barreto. A site inspection was conducted by the technical officer along with the Expert Member of GCZMA on 19/01/2017 and submitted the report. The office is in receipt of another complaint letter/representation dated 07/02/2017 interalia alleging commercial activites carried out at site and also annexing Google images of the plot alleging reclamation of land .

Accordingly the said matter was place in 141st GCZMA Meeting held on 21/02/2017 for the grant of personal hearing wherein the authority after due deliberation and discussion decided make the show cause notice dated 23/09/2015 absolute and further final order of demolition for all structures in 568/1,568/2 curtorim village under Section 5 of the Environment Protection Act,1986 to the violator Mr.Armando Barreto and restore land to its original condition within 15days failing which the Collector,South of these directions within next 15 days thereafter.

In the view of decision taken by the Authority in its 141st GCZMA meeting, directions to demolish the structures located in the property bearing Sy.No.568/1,568/2 Curtorim Village, Salcete-Goa was issued dated 07/04/2017 to Mr.Armando Barreto. Further, a letter dated 07/04/2017. bearing no. GCZMA/S/ILLE-COMPL/15- 16/20/282 was issued to the complainant seeking their comments in respect of the review application dated 21/04/2017 which was duly replied vide letter dated 08/05/2017. The said demolition order was challenged before Hon’ble High Court of Bombay at Goa by Mr.Armando Barreto in Writ Petition bearing no.497 of 2017. Further, the said Writ Petition was disposed off vide order dated 08/06/2017 stating as follows:“In the peculiar facts and circumstances of the case,the above petition stands disposed of by

Page 4 of 16 accepting the statement of the learned Advocate General that the subject applications for review shall be decided within 8 weeks and also accepting the statement of the learned Counsel appearing for the petitioner upon instructions that status quo shall be maintained of the subject structure until such application is disposed off. Needless to note that we have gone into the merits of the case or the maintainability of such application which shall be considered by the respondent no.2 after hearing the concerned parties including respondent no.5 in accordance with law.”

Further, the matter was placed in the GCZMA meeting held on 08/08/2017. The parties were heard by GCZMA.

The original complainant filed an contempt petition no.2/2018 in Writ Petition no.497/2017 which was interalia disposed off vide order dated 22/01/2018 with a direction that same is required to be complied within a period of four weeks. The site was inspected by Expert member GCZMA who has interalia submitted a report observing that various structures have been removed pursuant to demolition order passed by GCZMA. The GCZMA also is in receipt of a compliance report dated 20/02/2018 filed by Armando Barretto. The complainant has further vide email dated 05/02/2018 placed reliance upon a survey plan prepared by ISLR, Margao depicting encroachment and also a letter dated 12/01/2018 issued by ISLR Margao to Captain of ports.

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

Case No. 1.3

To 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.

1) NOC /License for erection of temporary seasonal structure for (1) shack (9) huts in the property situated under survey No. 117/12 of village Nagarcem Palolem , Canacona, Goa. Mr. Joaquim Filip Do Eufemio Cardoso.

2) NOC /License for erection of temporary seasonal structure for (18) huts in the property situated under survey No. 118/23 of village Nagarcem, Canacona, Goa. Mr. Jhon Douglas Coutinho.

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3) NOC /License for erection of temporary seasonal structure for (14) huts &(1) shack in the property situated under survey No. 102/2 of village Nagarcem Palolem Canacona, Goa. Mr. Kushwant R.Bhagat.

4) NOC /License for erection of temporary seasonal structure for huts in theproperty situated under survey No. 121/2 of village Agonda, Canacona, Goa. Mr. Sanjay Naik Gaonkar.

5) NOC /License for erection of temporary seasonal structure for (1) shack (24) huts in the property situated under survey No. 118/28 of village Nagarcem, Canacona, Goa. Mr. Mercy Fernandes.

6) NOC /License for erection of temporary seasonal structure for (1) shack (6) huts in the property situated under survey No. 103/1 of village Nagarcem Palolem, Canacona, Goa. Mr. Mohd Rafiq Jalla.

7) NOC /License for erection of temporary seasonal structure for (1) shack (4) huts in the property situated under survey No. 269/2 of village Cola, Canacona, Goa. Mr. Paixao Moreno.

8) NOC /License for erection of temporary seasonal structure for(9) huts in the property situated under survey No. 120/1 of village Agonda, Canacona, Goa. Mr. Prakash Babuso Pagui.

9) NOC /License for erection of temporary seasonal structure for (12) huts in the property situated under survey No. 101/4 of village Agonda, Canacona, Goa. Mr. Shoumirsh Parth C.Naik Desai.

10) NOC /License for erection of temporary seasonal structure for (1) shack (10) huts in the property situated under survey No. 124/1 of village Agonda, Canacona, Goa. Mr. Dattajeet Naik Gauncar.

11) NOC /License for erection of temporary seasonal structure for (1) shack (15) huts in the property situated under survey No. 118/32 of village Cola, Canacona, Goa. Mr. Vasant P Fal Dessai.

12) NOC /License for erection of temporary seasonal structure for (18) huts & (1) shack in the property situated under survey No. 118/6 of village Nagarcem - Palolem, Canacona, Goa. Mr.Anand G. Dessai

13) NOC /License for erection of temporary seasonal structure for (19) huts & (1) shack in the property situated under survey No. 120/13 of village Nagarcem - Palolem, Canacona, Goa. Mr. Baptista Gomes

14) NOC /License for erection of temporary seasonal structure for (12) huts & (1) shack in the property situated under survey No. 36/11 of village Nagarcem - Palolem, Canacona, Goa. Mr. Govind B. Desai

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15) NOC /License for erection of temporary seasonal structure for (6) huts & (1) shack in the property situated under survey No. 171/I-P of village Poinguinim, Canacona, Goa. Mr. Juliao Cardozo

16) NOC /License for erection of temporary seasonal structure for (16) huts & (1) shack in the property situated under survey No. 118/24 of village Nagarcem - Palolem, Canacona, Goa. Mr. Kennedy Alex Lobo

17) NOC /License for erection of temporary seasonal structure for (16) huts in the property situated under survey No. 118/22 of village Nagarcem -Palolem, Canacona, Goa. Mr. Latangio Fernandes

18) NOC /License for erection of temporary seasonal structure for (10) huts & (1) shack in the property situated under survey No. 101/6 of village Agonda, Canacona, Goa. Mr. Mauricio Fernandes

19) NOC /License for erection of temporary seasonal structure for (11) huts in the property situated under survey No. 120/13 of village Nagarcem -Palolem, Canacona, Goa. Mr. Pascoal Fernandes

20) NOC /License for erection of temporary seasonal structure for (22) huts & (1) shack in the property situated under survey No. 101/1 & 3 of village Agonda, Canacona, Goa. Mr. Amit Rajesh Rathod

21) NOC /License for erection of temporary seasonal structure for (5) huts & (1) shack in the property situated under survey No. 121/13 of village Agonda, Canacona, Goa. Mr. Sanjay Naik Gaonkar

22) NOC /License for erection of temporary seasonal structure for (12) huts & (2) shack in the property situated under survey No. 280/1 of village Cola, Canacona, Goa. Mr. Savio Gonsalves

23) NOC /License for erection of temporary seasonal structure for (8) huts in the property situated under survey No. 117/12-D of village Nagarcem -Palolem, Canacona, Goa. Mr. Suraj Baban Ballikar

24) NOC /License for erection of temporary seasonal structure for (12) huts & (1) Resturant in the property situated under survey No. 121/13 of village Agonda, Canacona, Goa. Mr. Uday Sudhakar Dessai

25) NOC /License for erection of temporary seasonal structure for (7) huts in the property situated under survey No. 120/4,5 & 7 of village Agonda, Canacona, Goa. Mr. Aneesh D. Panikar

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Item No.2

Case No. 2.1

NOC for Allotment of Waste Land to Serving Soldier/Ex-Servicemen.

Background

The Office of the Collector and District Magistrate, South Goa District sent a letter to GCZMA dated 04/08/2017 requesting for a NOC for a plot falling within 500 m from the HTL of the Sea at Headland Sada, Vasco for allotment of waste land to Serving Soldier/Ex-Serviceman. So, a site inspection was fixed to see the site and verify its CRZ zoning.

Inspection and Observation

Upon instruction from the Member Secretary GCZMA, a site inspection was carried out by the Expert Member Dr. Prabhakar Shirodkar and Eng. Audhoot Bhonsule on 14/03/2018. At site, Mr. Dilip Bicholkar, an Ex-Serviceman (presently working at Fire Office in Vasco) who has applied for purchase of the plot on lease at Sada was present. He showed the site and explained about the details of the plot. The details of site inspection are as follows;

i) The site is a plot of land lying towards the south of the main road of the new Highway going from Mangor to Sada at Vasco. ii) The plot is also abutting the internal road to Shree Swami Muth at Sada. iii) The plot is bearing Chalta No. 2 (Part), PT Sheet No. 25 of Vasco City and is also mentioned in PT Sheet No. 82 and 109. iv) The plot is an elongated one, having 336 sq. m. of area and is a vacant land without any structure in it. v) Mr. Dilip Bicholkar has applied to the Collector and District Magistrate, South Goa for allotting the said plot to him on lease basis. vi) The said plot is lying within 200-500m from the HTL of the Sea at Sada which is a CRZ II area. vii) Behind the plot is a bungalow whereas to its south also there exist residential houses. viii) The Mormugao Planning and Development Authority, Vasco has granted NOC to Mr. Bicholkar for the same.

Conclusion and recommendation

i) The proposed vacant plot at Headland Sada is a land lying within CRZ II area of Headland Sada at Vasco. ii) As the said plot is lying outside 200m from the HTL of the Sea it is a permissible area for construction of structures. iii) Moreover, the said plot being within CRZ II, it is a permissible area for construction as per the TCP rules and regulations. iv) Mr. Dilip Bicholkar has applied for a lease of the said plot and accordingly, the Mormugao PDA has granted the NOC. v) So, the GCZMA may issue NOC for the same.

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

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Case No. 2.2

Revision ofApproval for theproposed Development of a 5 Star Resort at Survey Nos. 206/1-H, 210/5-A, 211/1, 211/2, 211/3, 211/4, 211/5, 211/6, 211/7, 211/8, 212/1, 212/2, 212/3, 212/4, 212/6 of Anjuna Village, Bardez Taluka.

Background: During 155th meeting of GCZMA held on 08/08/2017, the project proposal of GTDC in respect of the above development was considered and approved as being in compliance of the CRZ Notification, 2011 and by letter dated 04/09/2017, the said project was recommended/forwarded to Goa State Environmental Appraisal Committee (SEAC) for examination and confirmation that the project proposal attracts EIA Notification, 2006. The said proposal was considered by Goa SEAC in the meeting held on 23/11/2017 and after necessary scrutiny and examination, the project was categorized as 8a(B2) Category and recommended the proposal to Goa SEIAA for grant of Environment Clearance and to GCZMA. The said approval, Goa SEAC concluded that the proposed development is within the contemplation of the EIA Notification, 2006.

The recommendation by Goa SEAC for grant of EC to GTDC for the above mentioned project was considered by Goa SEIAA in the meeting held on 05/02/2018 and by letter dated 21/02/2018, the said project was granted clearance for grant of EC. However it was stated in the said letter that EC cannot be conveyed as per the judgment/Order dated 22/11/2017 passed by the Hon’ble NGT, Delhi in the matter filed by M/s. Medha V/s. MOEF bearing Original Application No. 121/2016.

The said project has the necessary approval under the EIA Notification, 2006. Now this office received a letter from the Applicant dated 23/04/2018 wherein applicant seeks revision of plans approved in the meeting dated 08/08/2017 by GCZMA which revision has the effect of reducing the built-up area from 36,613 sq. mts. to 16,385.24 sq. mts. and reducing the FAR from 22,900 sq. mts. to 11,375.88 sq. mts. The said revision is occasioned on account of recommendations by the new Architectural/Technical Team.

The said revision is only in respect of proposed Layout and structural changes.

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

Case No. 2.3

NOC for Improvement to Sapal Bund at Village Panchayat St. Estevam, Tiswadi Taluka, Goa.

Background

The GCZMA received an application on 12/05/2017 from the Office of the Executive Engineer, W.D. I of WRD requesting for a NOC for carrying out the work on improvement to Sapal Bund

Page 9 of 16 at Village Panchayat St. Estevam in Tiswadi Taluka. So, a site inspection was fixed to see the site, verify the CRZ zoning of the area and the documents.

Inspection and Observation

Upon instruction from the Member Secretary GCZMA, a site inspection was carried out by the Expert Members Dr. Prabhakar Shirodkar and Eng. Audhoot Bhonsule on 13/04/2018. At site, the J.E. of WRD Mr. Satyawan Naik was present along with the Superintendent Mr. Ramesh Mashelkar of WRD who showed the site and explained about the proposal. Also present at site was Mr. Arcenio de Silva on behalf of the Owner’s Association who has been affected by the breaching of the bund. The details are as follows;

i) The proposed site is a Sapal bund at St. Estevam, which is running eastwards towards the Mandovi River at St. Estevam and then runs along the bank of Mandovi River in the northward direction. ii) There are many Mangrove trees on both sides of the eastward moving bund, whereas on west side of the northwards moving bund there are Mangrove trees whereas, on the north east side there is a Mandovi River. iii) The existing L-shaped bund is breached at many places, which is more on the northward side because of which the riverine water enters the field area and it gets inundated. iv) As the said bund remained unrepaired for long, the Mangroves took its position over a period of time on both sides of the bund. v) The Mangrove is a CRZ I area and due to the presence of thick Mangroves along both sides of the bund, the area is falling within the setback/NDZ area of CRZ I. vi) The Sapal bund is damaged more towards the riverine side (i.e. north-east side) due to the increase in amplitude of tides by barge movement in the Mandovi River off Piligao. vii) Due to this, the existing lateritic boulders laid at many places to the bund are eroded and breached, which permits the riverine water to enter the area. viii) The growth of Mangroves could have been stopped long back if the restoration measures were taken on time in the past. ix) The present condition of the bund is such that if timely repair of the bund is not done, than the bund can collapse at any time which will inundate the full field area as well as it will affect the houses of the residents nearby. x) Mr. Arcenio da Silva told that if the bund is not repaired than the field area will get inundated that will endanger the houses nearby. xi) The J.E. of WRD Mr. Satyawan Naik told that the retaining wall will be constructed only towards one side, i.e. towards the northern side as on the other side it is in a stable condition.

Conclusion and Recommendation

i) On assessing the damage and to avoid further damage to the fields in the vicinity and the residential houses in the vicinity, the Plot Owner’s Association which included around 37 land owners, who are affected, has jointly requested the WRD for repair of the bund through their Attorney. ii) The WRD has proposed lateritic bund on the riverine side and maintaining the bund by dumping red earth on the other side. iii) As per the CRZ Regulation, the protection of land from erosion is permissible provided the retaining wall is not of concrete material. iv) So, the proposed lateritic wall by WRD is permissible and with filling of earth, the WRD may be allowed to maintain a surface width of the bund to 3.7m for carrying out regular maintenance in future by the land owners. v) It would be advisable to dump 80mm basaltic aggregates at the foot of the retaining wall to arrest damage to the retaining wall in future.

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vi) As the proposal envisages erosion control measures the essential repairs to the Sapal bund may be permitted without wasting any more time. vii) The Authority may deliberate for a decision on issue of NOC to WRD.

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

Case No. 2.4

NOC for Community Gathering Centre in Sy. No 39/1 of Colva Village, Salcete Taluka, Goa.

Background

Mr. Arvind Dias from Santa Cruz, Tiswadi, Goa submitted an application to GCZMA on 10/01/2018 requesting for a NOC/permission for erection of Community Gathering Centre in his private property bearing Sy. No. 39/1 of Colva Village. So, a site inspection was fixed to see the site, verify the CRZ zoning and the documents.

Inspection and Observation

Upon instruction from the Member Secretary GCZMA, a site inspection was carried out by the Expert Member Dr. Prabhakar Shirodkar on 20/02/2018. At site, the applicant Mr. Arvind Dias was present who showed the site and explained about the proposed structure. The details of site inspection are as follows;

i) The site is having a plot with Sy. No. 39/1 lying towards the south side of the approach tar road to Colva beach. ii) There is an access by a mud road extending from the beach road to go to the plot at site. iii) The existing plot is an elongated plot starting from the survey boundary at Colva beach and extending towards east. iv) The pot is having an area of 394 sq.m. and is in the name of Mr. Arvind Dias as per the Form I & XIV submitted by the applicant. v) Mr. Dias has owned the plot by purchase from Mrs. Gloria Rodriguese and fly, dated 28/05/2014. vi) Neither there is any sand dune within the plot nor is there any existing structure. vii) So, the plot at site is vacant, however, there are houses and fishermen’s huts in its surroundings. viii) The plot is falling within 0-200m from the HTL of the sea at Colva village and is an NDZ area. ix) The applicant has put up the plan proposing an elongated structure, with two toilets and a pantry at its backside, which is facing the seaward side. x) The applicant says that the proposed structure is temporary one made of wood. xi) The proposed structure is only a ground floor structure with a sloppy roof. xii) The applicant wants to use the proposed hall like wooden structure for specific purpose like social causes, meetings, etc. xiii) The area statement indicates that its FAR is 31.80%, which is less than the acceptable 33% FAR for temporary structures and the height is less than 9m.

Conclusion and Recommendation

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i) The proposed hall like single room structure is within 0-200 m from the HTL of the sea and is within NDZ of CRZ III area at Colva. ii) As per CRZ Notification 2011, which is applicable to the proposal, there is no provision for a Community Gathering Centre within the NDZ area of CRZ III. iii) However, the temporary wooden structures viz. Shack or a hut is permissible. iv) As the applicant has shown a Pantry with two toilets to the proposed hall like structure, it can be considered as a Temporary Seasonal Structure/Shack. v) As per the Carrying Capacity Report, the temporary wooden structure in private property is permissible provided it is occupying 33% or less of the plot area, the FAR is 33% or less and height is within 9m. vi) The proposed structure is only a ground floor structure and is occupying less than 33% of the plot area and FAR is also 31.80%, which is less than 33%. vii) As such the applicant’s proposal can be considered either for a Temporary Seasonal Structure or for a Shack but not for a Community Gathering Centre. viii) So, the applicant may be directed to re-submit the file proposing the temporary Seasonal Structure / Shack within the area at site. ix) This may be deliberated in the Authority meeting for a decision.

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

Case No. 2.5

Permission for organising Beach Football Tournament at Bogmalo Beach from 29th April to 18th May 2018 on Bogmalo beach by United Youth Club of Bogmallo.

This office is in receipt of permission letter for organising Beach Football Tournament at Bogmalo Beach from 29th April to 18th May 2018 on Bogmalo beach by United Youth Club of Bogmallo.

However applicant requested for exemption of fee since said tournament is organised for the villagers to promote football and young talent in sport. Also it is not ticketed and non non commercial event. It is a non profitable event. The entry fee charged is utilised for the organising of this event and the prizes given.

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

ADDITIONAL AGENDA ITEMS.

Item No.2

Case 2.6

NOC for Placing Floating Pontoons at Old Ferry Ramp, Cortalim for Operating River Cruises.

Background

The proprietor of M/s Shiptek Marine Solutions submitted an application to GCZMA on 23/01/2018 requesting for a NOC/permission for putting up floating pontoons at old ferry ramp in Cortalim jetty for operating river cruises. So, a site inspection was fixed to see the site, verify the CRZ zoning and the documents.

Inspection and Observation

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Upon instruction from the Member Secretary GCZMA, a site inspection was carried out by the Expert Members Dr. Prabhakar Shirodkar and Eng. Audhoot Bhonsule on 08/02/2018. At site, the proponent Mr. Siddhant Raiturkar was present along with his partner Mr. Bhavesh Jambaulikar. The details of site inspection are as follows;

i) The proposed site is along the southern bank of Zuari River and situated towards the east side of Zuari Bridge, lying behind the Petrol Pump at Cortalim. ii) The site is falling within the NDZ of Zuari River. iii) The applicant has proposed placing of floating pontoons for berthing of Cruise vessels which are operating the river cruises, such as Dolphin Cruises, etc. iv) There will be a 25m long fixed walkway of fiber starting from the river bank, followed by a metallic ladder laid directly onto the floating pontoons connected in series. v) The applicant has been regularly operating the river cruises at site since 2013 for which the permission was earlier granted by the GCZMA, dated 08/04/2013. vi) The CoP has also renewed the NOC dated 13/10/2017 issued to Shiptek for placing of pontoons and operation of river cruises at Cortalim Old Ferry Ramp for berthing the cruise vessels along side. vii) So also, the Directorate of Fisheries issued the NOC dated 01/11/2017 for operation of boat activities at Zuari River and the GSPCB renewed its earlier Consent to Operate, dated 18/01/2018. viii) The applicant has in place the Permission from the Village Panchayat of Cortalim-Quelossim dated 27/08/2016 for plying of vessels in Zuari water near Old Ferry ramp closer to the Ferry Jetty of Cortalim village.

Conclusion and Recommendation

i) The applicant has proposed putting up the floating pontoons at old ferry ramp in Cortalim jetty area for berthing of river cruise vessels. ii) The proposed site is an NDZ area of Zuari River, where there is a Ferry wharf in its vicinity. iii) Earlier the NOC dated 08/04/2013 was granted by the GCZMA for the said operation. iv) Similarly, the other permissions from the CoP, Directorate of Fisheries, the GSPCB and the Village Panchayat of Cortalim – Quelossim have been obtained by the applicant for the same. v) So, the proposal put up by the applicant can be accepted. vi) This may be deliberated in the Authority meeting for a decision on NOC.

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

Case 2.7

NOC for River Front Usage for Training Institute at Novo Palmar at Cortalim, Goa.

Background

The Director of K. A. Academy, Cortalim Goa submitted an application to GCZMA on 18/12/2017 requesting for a NOC for using the river front area opposite to K. A.

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Academy at Cortalim for training purpose. So, a site inspection was fixed to see the site, verify the CRZ zoning and the documents.

Inspection and Observation

Upon instruction from the Member Secretary GCZMA, a site inspection was carried out by the Expert Member Dr. Prabhakar Shirodkar along with Mr. Santosh Volvoikar of GCZMA on 18/01/2018. At site, the proprietor of the Academy Mr. Shantaram Kamat was present who showed the site and explained about the proposal. The details are as follows;

i) The site is along the southern bank of Zuari River at Novo Palmar in Cortalim. ii) At site, earlier there existed Kamat Engineering Works for undertaking barge repair activities. iii) Due to competition, the proprietor has stopped the barge repair activities and wants to open up a Maritime Training Institute. iv) At site, presently there exists one G+1 structure which is constructed prior to 1991 and was used as an office concerned with earlier barge repair activities. v) The activities of the proposed Post-Sea Maritime Training Institute will involve imparting training to novices/youngsters in Personal Survival Techniques, Proficiency in Survival Craft with rescue boat, etc. vi) This training will involve the life boats to be installed at the bank of river. vii) It will also involve basic and advance training in fire fighting with fire mock up placed at the bank of river or on the floating platform. viii) To carry out these activities of the Training Institute, the applicant is requesting for a NOC for using the bank of the river and the riverine water front area. ix) In principle, the Approval/permission for the opening of the Post-Sea Maritime Training Institute has been granted to the applicant by the Directorate General of Shipping, Ministry of Shipping, Govt of India dated 08/12/2017. x) So also, the applicant has produced the NOC renewed by the Captain of Ports, Govt. of Goa pertaining to the Kamat Engineering Works. However, the said renewed NOC is also expired on 20/01/2018. xi) The applicant requests for using the water front area from the bank of Zuari River off the existing Engineering Works to a distance of about 20m within the river for imparting training in swimming exercise with survival techniques by boat and rescue boats, etc. xii) Similarly, for training in fire fighting, the applicant would be keeping on the floor at the bank of river near to workshop area, two containers for firefighting exercise. xiii) Besides this, there would be a metallic fire pit made of 5 x 5m plates (25 sq. m. area) with 1 ft border on 3 sides for fire exercise. xiv) As proposed earlier, there would be no floating jetty with pontoons.

Conclusion and Recommendation

i) The applicant originally had a Barge Repair Workshop in the name of M/s Kamat Engineering Works along the bank of Zuari River at Novo Palmar, Cortalim. ii) The applicant was using the water front area for barge repair activities with proper permission from the CoP, etc.

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iii) Due to slack in barge repair activities, the applicant wants to close the workshop and open up a Post Sea Maritime Training Institute at the same location. iv) The activities of the Training Institute will involve imparting training in survival techniques of swimming, rescue operations by boats, fire fighting, etc to the novices or the young candidates seeking maritime jobs. v) This will require use of the water front area for undertaking swimming exercises and for boat operations as well as the use of river bank area for deploying fire fighting items. vi) The Directorate General of Shipping has already granted permission in principle for the said activities. vii) However, the permission granted by the CoP was for earlier workshop. No permission has been obtained by the applicant from CoP for the proposed Training Institute. viii) Similarly, the ownership of the land at site is not known, as such the applicant should produce the ownership documents of the area. ix) The proposed activity though is within the intertidal zone of Zuari River, there would be no blockade for the barge/boat traffic within the riverine area, however, the applicant should obtain the fresh permission from the CoP. x) After submission of the above mentioned NOC from the CoP and the ownership documents, the Authority may deliberate for a decision on NOC for the said proposal.

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

Case 2.8

NOC for the Proposed Revised Re-Construction of the Existing Residential House in Sy. No. 96/15-A of Reis- Magos, Bardez, Goa.

Background

Mr. Francisco Fernandes from Verem, Goa submitted an application to GCZMA on 11/04/2018 requesting for a NOC/Permission for the revised re-construction of his existing house in Sy. No. 96/15-A of Reismagos, Bardez Taluka. So, a site inspection was fixed to see the site, verify the CRZ zoning and the documents.

Inspection and Observation

Upon instruction from the Member Secretary GCZMA, a site inspection was carried out by the Expert Member Dr, Prabhaker Shirodkar along with Mr. Santosh Volvoikar of GCZMA on 17/04/2018. At site, the applicant Mr. Francisco Fernandes was present who showed the site and explained about the proposed re-construction. The details are as follows;

i) The site is along the northern bank of Mandovi River at Reis Magos and is falling within 100m from the HTL of the river, so it is falling in NDZ area. ii) At site, there exists an old house across the Verem – Reismagos main tar road, whereby the house is facing the main road. iii) The existing old house is a ground floor structure in its frontage except for a small portion of it at the backside is a G+1 structure.

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iv) The said house of the applicant is lying in between two houses of his brothers, whereby the applicant’s house is directly touching the walls of both the houses with no space in between. v) Form I & XIV submitted indicates the name of the applicant Mr. Francisco Fernandes suggesting his ownership of the plot. vi) The Sy. Map submitted indicates the presence of the said house along with side houses of his brothers in Sy. No. 96/15-A. vii) Earlier the GCZMA has granted NOC dated 01/03/2016 for the proposed reconstruction of the said house. viii) However, due to objection from TCP demanding a setback between the two houses of his brothers, the applicant had to put up the file once again to GCMA requesting for a NOC for the revised re-construction. ix) The applicant has also put up the revised plan indicating a set back as per TCP rules.

Conclusion and Recommendation

x) The applicant has proposed a reconstruction of the house, which is a ground floor structure with a sloppy roof and Mangalore tiles in its front and G+1 structure at its back, also with a sloppy roof and Mangalore tiles on top. xi) The house is an old house, existing prior to 1991. Also, the house is falling within NDZ area of Mandovi River. xii) The reconstruction plan put up by the applicant is for a revised reconstruction of the house within the existing plinth. xiii) As per the CRZ Regulation, within NDZ, the reconstruction of the old house is permissible only on the plinth of the existing old house without increasing the area. xiv) The revised plan submitted by the applicant shows a setback on both the sides of the house in its frontage as required by TCP, and there is no excess coverage in its backside. xv) So, the proposed reconstruction is falling within the existing plinth area. xvi) Even earlier, the GCZMA has granted the permission for reconstruction of the said house on 01/03/2016. xvii) So, the proposed revised reconstruction of the house can be permitted as per CRZ Regulation. xviii) This may be deliberated in the Authority meeting for a decision on NOC for the same.

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

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

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

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