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Friday) 3:30 P.M and 03/01/2017 (Tuesday) at 3:30 P.M AGENDA ITEMS FOR THE 135 th MEETING OF THE GOA COASTAL ZONE MANAGEMENT AUTHORITY (GCZMA) TO BE HELD ON 15/11/2016 (TUESDAY) AT 11:00 A.M. 25/11/2016 (FRIDAY) 3:30 P.M AND 03/01/2017 (TUESDAY) AT 3:30 P.M. AT THE CONFERENCE HALL, 1 ST FLOOR, DEMPO TOWERS, GOA STATE POLLUTION CONTROL BOARD (GSPCB), PATTO, PANAJI – GOA Item No.1: To confirm the minutes of the 134 th Meeting of the GCZMA held in two sittings on 04/11/2016 and 08/11/2016. The minutes of the 134 h Meeting of the GCZMA held on 04/11/2016 at 11:30 a.m. and 08/11/2016 at 3:30 p.m. are enclosed herewith (Annexure ‘I’). The members may kindly give their comments / suggestions, if any and the same may be confirmed. Item No. 2: To discuss and decide on the Report submitted by the National Centre on Sustainable Coastal Management (NCSCM) with regard to the Beach Carrying Capacity Study in respect of beaches of Goa pertaining to erection of temporary seasonal structures in the CRZ area. 1. The Office of the GCZMA had allotted the work of conducting the studies of the “Beach Carrying Capacity” for the State of Goa to the National Centre on Sustainable Coastal Management (NCSCM). 2. Accordingly, the NCSCM has completed the necessary study in respect of the same. 3. In this regard, the GCZMA had requested the representatives of National Centre for Sustainable Coastal Management, (NCSCM), Chennai to make a detailed presentation in respect of assessment of the Beach Carrying Capacity on Coastal Areas in Goa for Shacks and other temporary structures before the Goa Coastal Zone Management Authority (GCZMA) in its meeting held on 8 th November at 3:30 pm in the Conference Hall of the Goa State Pollution Control Board in order to decide on the Tourism Policy 2016-19. Accordingly, a detailed presentation was made by the representatives of the NCSCM before the members of the Authority. 4. The report prepared by the NCSCM, Chennai with respect to the Beach Carrying Capacity on Coastal Areas in Goa is placed for consideration by the GCZMA. In view of the above, the Beach Carrying Capacity report Study is placed before the Authority for discussion and decision. Item No. 3: To discuss and decide on the remaining part of the Draft Tourism Shack Policy for the year 2016 -19 pertaining to erection of Temporary seasonal structures in private properties,etc submitted by the Department of Tourism, Government of Goa. The GCZMA in its 134 th Meeting in terms of para 8 (V) i.e. Areas requiring special consideration, 3 CRZ for Goa, (iii) purely temporary and seasonal structures customarily put up Page 1 of 87 between September to May as specified in the CRZ Notification 2011, has considered the Beach Carrying Capacity study and approved the Tourism Shack Policy for the year 2016 -19 of the Department of Tourism , Government of Goa only to the extent of proposed erection of temporary seasonal structures including deck beds and umbrellas on the property of the Tourism Department i.e. on public beach . Now, the proposal of Tourism Policy 2016-19 is placed for discussion and decision with respect to the remaining part of the said policy which inter alia include following: i) Registration of Temporary Beach Shacks and temporary Huts in Private Properties. ii) Issue of Permission for erection of Shed for Water Sports Operators. iii) Erection of Base Station, Beach Watch Towers, Public Utilities Comprising of Changing rooms, Shower Rooms, Cloak Rooms and Toilets, Water Sports Kiosks etc. In view of the above, the Tourism Policy for the year 2016-19 is placed before the Authority for further discussion and decision in the matter. Item No. 4: To comply with the order dated 27/09/2016 (interms of minutes of the order) passed by the Hon’ble High court of Bombay at Goa in in the W.P no. 774/ 2016 ( Esperanca Gurjao & ors v/s GCZMA), WP no. 785/2016 (Vishram Arlekar & ors v/s GCZMA), WP no. 805/2016 ( Francisco Fernandes & ors v/s GCZMA), WP no. 806/2016 (Jose Francisco Fernandes & ors v/s GCZMA) & WP no. 807/2016( Agusto J. Fernandes & ors v/s GCZMA) and Order dated 27/10/2016 passed by the Hon’ble NGT,Pune thereby disposing off the matters of Appeal no 49/2016 (WZ), Appeal no.50/2016 (WZ), Appeal no.51/2016 (WZ), Appeal no.52/2016 (WZ), Appeal no.53/2016 (WZ), Appeal no.54/2016 (WZ), Appeal no.55/2016 (WZ), Appeal no.56/2016 (WZ), Appeal no.57/2016 (WZ) and Appeal no.58/2016 (WZ). The office of GCZMA was earlier in receipt of letter from the office of Dy.Collector & S.D.O Mormugao, Vasco-da-Gama letter dated 02/12/2015 bearing ref no: No.13 (5) / CRZ -74 /2015/ 4184 interalia stating that Mamlatdar of Mormugao had conducted a survey with respect to structures existing on Baina Beach and submitted checklist of structures containing particulars of 121 structures and the violators. Earlier an Application bearing no.49/2015(WZ) was filed by Shri Kiran Krishnan before the Hon’ble NGT (WZ), Pune interalia seeking intervention of the Hon’ble Tribunal, since the members of the respondent no.5 therein (Baina Residents Welfare Association), which represents occupants of 205 hutments/structures have constructed structures/hutments on the sandy portion of the Baina beach by destroying the sand dunes in gross violation of CRZ Notification and further inaction on the part of various Page 2 of 87 authoritiesfor not enforcing the provisions of the Environment (Protection) Act, 1986 and Coastal Regulation Zone Notification, 1991 / 2011. Further the Additional Collector- II, Collectorate of South Goa, Margao vide letter dated 30/04/2015 bearing ref no.AC-II / Repsub /MOR/2609/2015/4302 forwarded compliance report no.13 (5)/ CRZ/1- 205/3238 dated 11/09/2014 from the Dy. Collector and S.D.O Mormugao which identified 205 illegal huts and structures constructed on Baina beach. The authority in its 117th GCZMA Meeting held on 01/07/2015 after detailed discussion and due deliberation noted that the structures under reference are erected on the beach i.e. in the intertidal area and NDZ area and such a activity is not permissible under the CRZ Notification 1991 / 2011 and as such decided to issue Directions / Show Cause Notice’s under Section 5 of the Environment (Protection) Act, 1986 and other enabling provisions read with rule 4 of the Environment (Protection Rules, 1986) to all the parties / owners of the existing hutments along the Baina beach, Vasco with a direction to Show Cause and file their reply along with all the requisite documents (i.e. construction/reconstruction/repair license / approvals issued by the concerned Authorities including that of permission granted by the GCZMA along with approved plan, if any, as also documents to show the title to the property) before the Office of the GCZMA within a stipulated time period of 15 days. The Authority further decided that in case any of the party fails to file their reply with relevant documents in support of their case within a stipulated time period, the Authority shall proceed to issue final directions i.e. directions under Section 5 of the Environment Protection Act, 1986 with a direction to demolish the structures and restore the land to its original within 15 days from the issue of the said Order. Accordingly Directions/Show cause notices were issued to the 160 alleged violators and copies of the said Directions/Show cause notices dated 09/07/2015 along with annexures were forwarded to the office Dy. Collector & S.D.O of Mormugao, Vasco-Goa vide letter dated 09/07/2015 bearing ref no. GCZMA/APPL NO. 49/2015/ WZ/ NGT/09/723 with a direction the Dy. Collector & SDO of Mormugao, Vasco-Goa to serve/enforce these directions. {out of 160 notices 158 were served ( 2 structures were already demolished)} The matter was later placed in the 119 th GCZMA meeting held on 18/08/2015 to take final decision and to comply with order dated 20/05/2015 passed by Hon’ble NGT,Pune. In the said 119thGCZMA meeting it was decided to issue 159 final directions to demolish said structures/ illegal hutments on Baina beach. The demolition was carried out through the Dy. Collector & S.D.O of Mormugao, Vasco-Goa on 26/09/2015 in terms of Directions dated 04/09/2015. The Dy. Collector & S.D.O of Mormugao, Vasco-Goa later submitted a compliance report dated 26/09/2015 bearing Page 3 of 87 reference no. 13 (5) / Baina-Dem / 2015 3554 indicating total of 157 structures/ illegal hutments (out of 159 structures 2 such structures were already demolished earlier) were demolished on Baina Beach. The GCZMA accordingly filed an affidavit dated 12/10/2015 before NGT, Pune in the matter of Kiran Krishnan v/s State of Goa & 7ors thereby placing on record compliance report of the said demolition in terms of order dated 16/09/2015 vide which the matter was disposed off. It is also pertinent to note there is also Writ Petition bearing no.231/2010 filed by Board of Trustees of the Port of Mormugao v/s the GCZMA &3 ors before the Hon’ble High Court of Bombay at Goa interalia being aggrieved by erection/construction of illegal structures /hutments at Desterro, Baina and Katem Baina. The Hon’ble High Court of Bombay at Goa has vide order dated 11/03/2015 directed the respondents therein to file a status report in the matter.
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