MIUTES OF THE 37 th MEETIG OF THE GOA COASTAL ZOE MAAGEMET AUTHORITY HELD O 14/ 11 / 2007. 37.1 Item o. 1 The minutes of the 36 TH GCZMA meeting held on 10 / 09 / 2007 were confirmed. 37.2 Item o. 2 (Development in CRZ-II Areas) 37.2.1 Case o. 1 Proposed construction of a compound wall in Chalta o. 6 of P.T. Sheet o. 155 Vasco city, Mormugao Taluka, By Mr. Shaikh M. Iqbal. (GCZMA/S/2/07/ 13). Decision : Approved, subject to the construction conforming to the local building byelaws and TCP guidelines. 37.2.2 Case o. 2 Proposed construction of a residential building in Chalta o. 54 & 55 of P.T. Sheet o. 152 Vasco city, Mormugao Taluka, By Mr. Albino S.C. Vales. (GCZMA/S/360). Decision : Approved, subject to the construction conforming to the local building byelaws and TCP guidelines. 37.2.3 Case o. 3 Proposed repair and extension of first floor to the existing house in Chalta o. 90 of P.T. Sheet o. 155 Vasco city, Mormugao Taluka, By Dr. Shekhar V. Shetye. (GCZMA/S/2/07/23). Decision: Approved, subject to the construction conforming to the local building byelaws and TCP guidelines. 37.2.4 Case o. 4 Proposed construction of shops cum residential flats in Chalta o. 21 & 27 of P.T. Sheet o. 134 Vasco city, Mormugao Taluka, By Goa Housing Board, Porvorim- Goa.. (GCZMA/S/2/07/16). Decision : Approved, subject to the construction conforming to the local building byelaws and TCP guidelines. 37.2.5 Case no. 5 CRZ approval for the proposed four lane Highway H-17B from Verna Junction to Mormugao Port (stretch at Baina, Vasco) (GCZMA/S/331) Decision : GCZMA members noted that the proposed construction of the ational Highway is in CRZ-II area of Vasco City and the same can be permitted as per the CRZ guidelines. The proposal from HAI is therefore approved. 37.2.6 Case no. 6 Proposed Garbage Treatment Plant at Patto, Panaji near Rua-de-Ourem Creek, by the City Corporation of Panaji (CCP) Shri Elvis Gomes, Commissioner, CCP and Adv. Aires Rodrigues, representing ‘Utt Goenkara’ (complainant) was present during the discussions. Shri Elvis Gomes stated that there is urgency in finding a solution to the Garbage problem particularly in light of the public health concern and the opposition staged by the public to every location selected for the purpose by the CCP. He also indicated that following their submission before the Hon’ble High Court in the petition filed by the LIC employees; the CCP had stopped dumping and composting garbage at their location at Patto, Panaji. He explained the salient features of the proposed bio-reactor plant and that it would take care of the biodegradable waste component of the garbage generated in the City. He further drew the attention of the GCZMA members that the said plant would not discharge any effluents and is purely a temporary measure to process the garbage on a temporary basis. Further he assured the Authority that the same will be removed as soon as the site for garbage plant is finalized and the land will be restored to its original condition. Adv. Aires Rodrigues contended that the works for construction of the plant started without any approvals from the Authorities concerned and is in total and blatant violation of the CRZ Notification, 1991 being barely 3 mts from the Rua de Ourem creek. He pointed out that as per the guidelines, MSW Rules and various judicial pronouncements; such plants ought to be constructed outside the city limits and away from the habitation. He also contended that in other states such plants which were constructed have been scraped. He indicated that such this plant would be totally unreasonable and waste of public money. Decision : GCZMA Members deliberated on the matter in detail and took serious note of the fact that the CCP went ahead in setting up the plant even before obtaining the requisite approvals from the various authorities and more particularly from the GCZMA. It was seen that the area in which the construction has been carried out falls under CRZ –II (near one of the branches of the Rua—de- Ourem creek) wherein the set backs can be can be relaxed being developed areas. GCZMA Members noted that public health is of paramount importance and that garbage disposal through safe means is necessary and is the need of the hour for the City of Panaji. The Members also noted that the proposed bio reactor plant is a purely temporary structure which can be dismantled at any time. GCZMA also took into account the authorization/ consent granted by the GSPCB. Considering all the facts above GCZMA decided to grant clearance from CRZ angle taking into account the larger public health interest. The CCP is directed to file their undertaking to the effect that there would be no discharge of any effluents in to the Rua—de-Ourem creek and its surroundings and that being a purely temporary measure, the plant would be removed once the CCP obtains requisite garbage disposal site where this plant can be shifted. CCP is also directed to restore the said area back to its original condition once the plant is removed. The plant should be operated as per the conditions specified by the GSPCB and the GSPCB should continuously monitor the functioning of the plant and ensure that no discharge of effluents takes place at site. It is also clarified that this structure will not be considered as the authorised structure in the said area and that the approval has been granted as a special case and in exception to the rule in light of the larger issue of public health. Item o. 3 (Repair & Renovation/Development in CRZ-III Area). 37.3.1 Case o. 1 PROJECT : Proposed repairs and renovation of existing structure in Sy. o. 101/1, 2 of Cavelossim village, Salcete Taluka, by Alan Acacio Camara (GCZMA/S/2/07/ 12). Decision : Deferred. The proponent is directed to produce erstwhile GSCCE clearance and all other relevant documents showing that the structure was constructed after following the due process of law. 37.3.2 Case o. 2 Proposed repairs and renovation of existing structure in Sy. o. 139/2 of Reis-Magos village, Bardez Taluka, by Mr. V. Kamat (GCZMA//1/07/ 46). Decision : Approved, subject to the condition that the repairs and renovation shall be as per the existing plinth size only. 37.3.3 Case o. 3 Proposed repairs and renovation of existing structure in Sy. o. 431/1 of Colvale village, Bardez Taluka, by Mr. Keshav Shridhar Borkar (GCZMA//1/07/47). Decision : Deferred. The case of the proponent may be verified and the structure existing as on old survey plan be identified and the said verification be placed on record during the consideration of the proposal. 37.3.4 Case o. 4 Proposed repairs and renovation of existing house in Sy. o. 120/21- a of Palolem village, Canacona Taluka, by Mr. Bhikan G. Pagi (GCZMA/S/2/07/19). Decision : Approved, subject to the condition that the repairs and renovation shall be as per the existing plinth size only. 37.3.5 Case o. 5 PROJECT : Proposed repairs and renovation of existing structure in Sy. o. 268/3 of Arpora-Baga village, Bardez Taluka, by Shri. Karan Singh (GCZMA//1/07/52). Decision : Approved, subject to the condition that the repairs and renovation shall be as per the existing plinth size only 37.3.6 Case o. 6 Proposed repairs of existing house in Sy. o. 248/22 of Calangute village Bardez Taluka by Mrs. Juliana Gonsalves (GCZMA//01/07/54) Decision : Approved, subject to the condition that the repairs and renovation shall be as per the existing plinth size only 37.3.7 Case o. 7 Proposed repair and renovation of existing House in Syk. o. 118/0 of Morjim Village, Pernem taluka by Shri Shyamsunder R. Vasta (GCZMA//1/07/63) Decision : Approved, subject to the condition that the repairs and renovation shall be as per the existing plinth size only 37.3.8 Case o. 8 Proposed repairs and renovation of the structure in Sy. o. 78/1 of Reis-Magos village, Bardez taluka, Mr. Benedict D’Souza (GCZMA//1/07/19). The site was inspected by Dr. Simon De Souza. The site for the proposed structure is about 23.9 mts from the centre of the road. A structure is shown on the survey plan. The site comes under CRZ III zone of Reis Magos village. The said proposal was discussed in the 33 rd meeting held on 28/06/2007 and the same was not accepted as there is no existing structure at the site and that only some ruins are seen. The proponent again approached GCZMA vide letter dated 02/11/2007 with a photograph and letter from the Village Panchayat of Reis-Magos for having paid taxes from year 1977 onward to show that his house was in existence. Decision: The site inspection report and the photographs of the site and the evidence produced by the proponent were re-examined. It is seen that there is neither an existing structure nor a part of the structure standing on site or a plinth of the old house at the site. Further, the directions of the Hon’ble High Court in Writ Petition o. 422/98 and 99/99 state that “till and until the survey and inquiry is completed, ….., no new licence for any type of construction in CRZ-III zone shall be issued or granted, and no new structure of whatsoever nature shall be allowed to be constructed in CRZ-III zone, except repairs and renovation of the existing houses …..”.