AGENDA ITEMS FOR THE 178th MEETING OF THE GOA COASTAL ZONE MANAGEMENT AUTHORITY (GCZMA) TO BE HELD ON 10/07/2018 (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 dated 09/03/2016 with regard ,to alleged illegal construction of structure and using the same for commercial purpose in the name of U. V. Bar & Restaurant situated in the property bearing Sy. No. 128, Anjuna, Bardez – Goa carried out by Mr. Sandeep Chimulkar 1. The GCZMA was in receipt of a complaint letter dated 09/03/2016 from Mr. Desmond Alvares, R/o. H. No. 470, with regard to alleged illegal construction of structure and using the same for commercial purpose in the name of U. V. Bar & Restaurant situated in the property bearing Sy. No. 128, Anjuna, Bardez – Goa carried out by Mr. Sandeep Chimulkar, R/o. H. No. 1110, Mazal Waddo, Anjuna, Bardez- Goa. 2. upon receipt of the said complaint, the GCZMA issued a Show Cause Notice dated 28/04/2016 to Mr. Sandeep Chimulkar, to which reply was filed by him on 09/05/2016 stating that there are many sub division of Survey No. 128 of Village Anjuna and he owns some of the sub divisions as such inorder to file proper and detailed reply to the Show Cause Notice it is necessary to specify the sub division number. 3. Accordingly, in view of the same, a letter was issued to the Complainant with a direction to provide the specific sub-division number of the property bearing Sy. No. 128 of Village Anjuna, Bardez – Goa pertaining to the illegal activity in question. 4. Further, the Complainant, Mr. Desmond Alvares vide letter dated 16/08/2016 informed that the U.V. Bar & Restaurant is situated in the property bearing Sy. No. 128/30, 32 and 35 of Village Anjuna, Bardez – Goa. 5. Upon receipt of the said letter, a Show Cause Notice Cum Stop Work Order dated 26/09/2016 was issued to Mr. Sandeep Chimulkar in respect of the property bearing Sy. No. 128/30, 32 and 35 of Village Anjuna, Bardez – Goa. A reply dated 17/10/2016 was received for the said Show Cause Notice Cum Stop Work Order. The reply in brief states as under: a) He is the owner in possession of the property bearing Sy. No. 128/35 of Village Anjuna, Bardez – Goa only. b) The property bearing Sy. No. 128/30 and 32 does not belong to him and it belongs to Pooja Chimulkar and Medha Chimulkar. Page 1 of 30 c) The structure referred to in the Show Cause Notice has been existing in the property bearing Sy. No. 128/35 prior to 19/02/1991 i.e. before coming into force of the CRZ Notification. d) the structure in question is also reflected in the DSLR Survey Plan. e) Also, a letter has been issued by the Village Panchayat stating that as per the demand and collection register of House and Light tax, the house bearing No. 719/1 stands in the name of Mr. Sandeep Chimulkar from the year 1985-86. f) Also, the Village Panchayat of Anjuna vide letter dated 12/10/1990 has granted NOC to keep tourist paying guest which proves the existence of the structure in the property and also, that the said structure was used for commercial purposes even prior to coming into force of the CRZ Notification. g) The issue of the legality of the structure came up for consideration before the Panchayat and a Show Cause Notice was issued, which he had replied to. The issue came up for consideration in resolution No. 142/2008-2009 and in the said resolution upon consideration of the records of the Panchayat and the survey records it was resolved to withdraw the Show Cause Notice thereby endorsing the legality of the structure and the fact that it has been in existence prior to 1991. h) The structure in the said property was in existence and was used for commercial purpose prior to coming into force of the CRZ Notification and the complaint is baseless and frivolous. The said matter was placed in the 159th GCZMA meeting held on 10/10/2017 for grant of personal hearing to the parties wherein the Authority noted that the respondent sought time to submit written submission as he has received the notice late. The respondent was asked to submit written reply by 17th October 2017 with a copy to the complainant. Accordingly reply from Shri. Sandeep Chimulkmar dated 17/10/2017 received by this office enclosing certificate/NOC issued by the Village Panchayat Anjuna Caisua dated 12/10/1990 alogwith resolution passed issued by village Panchayat Anjuna- Caisua and copy of electricity bill of his house dated 28/08/1989. The said matter was placed in the 161st GCZMA meeting held on 24/10/2017 for grant of personal hearing to the parties wherein respondent Mr. Sandeep Chimilkar submiited request letter before Authority seeking extension of 30 days time. Authority after discussion and perusing letter submitted by respondent decided to grant 30 days time for the applicant and decided to take up the matter in next Authority meeting on 29/11/2017. The said matter was placed in the 164th GCZMA meeting held on 29/11/2017 Authority heard the both parties and directed respondent to produce documents stating that the structure is prior to 1991and bar licenses. Also original certificate from the Village Panchayat Anjuna stating that the structure present prior to 1991, before 06/12/2017to the office of Goa Coastal Zone Management Authority. Further Authority decided to Page 2 of 30 take further call on the matter after receiving reply from the respondent. This office has not yet received any reply from the respondent. The said matter was placed for hearing during 170th GCZMA meeting held on 27/03/2018 wherein the Authority heard both the parties and decided to issue Show Cause Notices to Pooja Chimulakar and Medha Chimulkar who are owners of the said property. This office received a reply dated 28/05/2018 from Mrs. Pooja Chimulkar for said Show Cause Notice stating inability to file reply and requesting for additional time to file a reply. The said matter was deliberated during 176th GCZMA meeting held on 22/06/2018 for grant of personal hearing to the parties, wherein as per the request by the respondent the authority decided to grant final opportunity to the respondent to submit relevant documents in support of his case. 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 discuss and deliberate upon complaint filed by Cavelossim villagers Forum v/s M/s Village Panchayat Cavelossim bearing Original Application no.98/2018. Background: The office of GCZMA was earlier in receipt of an complaint dated 26/12/2017 from Cavelossim villagers Forum interalia stating alleged illegal construction of two structures and a Sewage Treatment Plant (STP) in NDZ in property bearing Survey No.109/1(P) of village Cavelossim, Taluka Salcete carried out by Byke Resort. The applicant interalia being aggrieved by said activities further filed an application bearing no. no.98/2018. In this regard the site was inspected through Expert members GCZMA. A detailed site inspection report is laced before the Authority for discussion and deliberation in the matter. The said matter was placed before the Authority during 175th GCZMA meeting held on 22/05/2018 wherein the Authority after discussion and in view of the above inspection report from the expert member decided to issue Show Cause Notice (SCN) to Byke Resort and decided to call the parties for personal hearing before the GCZMA Authority. 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 decide and discuss on the communication received from the Department of Public Grievances regarding “No action by the authorities in private orchard property for illegal construction in CRZ in S.Y. No. 58/1 at Morjim, Pernem , Goa. Page 3 of 30 Background: This office is in receipt of a letter from Department of Public Grievances regarding “No action by the authorities in private orchard property for illegal construction in CRZ in S.Y. No. 58/1 and 43/2 at Morjim, Pernem , Goa. This office was in receipt of a complaint from Mr. Camilo C. Dsouza regarding illegal construction of structure in survey no. 58/1, Bhatirwado, Morjim, Goa by Mr. Domnic Fernandes and Anne Fernandes. The said complaint letter was forwarded to BDO- Pernem Goa and also Show Cause Notice dated 15/07/2015 was issued to the alleged violator, Accordingly this office received a reply enclosing documents from Mrs Annie fernandes on 17/08/2015 which states as under. 1. The house of Mrs. Annie Fernandes (widow) is a mundakairal dwelling house bearing house no. 77, which is standing in name off late grandmother in law in the purpose of house tax. The Village Panchayat Morjim has issued certificate dated 08/04/2010 state that as per the records available with village Panchayat Morjim the house bearing new H. No 77 situated at Bhatir wado, Morjim, Pernem, Goa is registered in the name of Mrs. Amelia Fernandes since 1987-88. And the house tax has been paid upto year 2007-08. 2. The late father in law of the respondent has been registered as Mundkar of the said dwelling house.