AGENDA ITEMS FOR THE 163rd MEETING OF THE GOA COASTAL ZONE MANAGEMENT AUTHORITY (GCZMA) TO BE HELD ON 14/11/2017 (TUESDAY) AT 3:30 P.M. IN THE CONFERENCE HALL, 2ND FLOOR, SECRETARIAT, PORVORIM – GOA. Item No.1: To confirm the minutes of the 162nd GCZMA Meeting held on 31/10/2017. The members may kindly give their comments / suggestions, if any and the same may be confirmed. Item No. 2: Case No. 2.1 To discuss and decide on the report submitted by the Inquiry Committee with regard to the complaint filed by Goa Paryavaran Savrakshan Sangharsh Samitte pertaining to alleged illegal construction of buildings / structures within NDZ carried out by M/s. Thalasa Resort in the property bearing Sy. No. 214/1 of Anjuna Village, Bardez – Goa. 1. An Application bearing No. 106/2015 was filed by Goa Paryavaran Savrakshan Sangharsh Samittee before the Hon’ble NGT, Pune thereby challenging the alleged illegal construction of buildings / structures within NDZ area by M/s. Thalasa Resort in the property bearing Sy. no. 214/1 of Anjuna Village, Bardez – Goa. 2. The said Application came to be disposed off by the Hon’ble NGT, Pune with a common order dated 29/10/2015 with a direction to the Applicant to file proper complaint to the GCZMA and then GCZMA to take necessary action. 3. Accordingly, as directed by the Hon’ble NGT, Pune a complaint letter dated 30/10/2015 was filed by Goa Paryavaran Savrakshan Sangharsh Samittee with regard to the alleged illegal construction of buildings / structures within NDZ area at various beaches in the State of Goa viz. Anjuna, Vagator, Morjim, Mandrem etc. carried out by various Beach Resorts etc. 4. It may also be noted that, the GCZMA had received another complaint letter dated 23/11/2015 form Mr. Kashinath Shetye with regard to the same subject matter. 5. Accordingly, upon receipt of the said complaints the same were forwarded to the Inquiry Committee of the GCZMA for inquiry and report. 6. The Inquiry Committee of the GCZMA after conducting due inquiry which includes site inspection and grant of personal hearing to the parties, submitted their report on 10/06/2016. The Inquiry Committee report concludes as under: a) To remove all the temporary seasonal structures of M/s. Thalasa Resorts in Sy. No. 214/1 of Anjuna Village if they are existing after the end of the season May 2016 and b) Direct the Village Panchayat of Anjuna and the Tourism Department not to grant any permission for M/s. Thalasa Resorts for erection of temporary Page 1 of 59 seasonal structures unless prior approval in accordance with CRZ Notification is obtained from GCZMA. 7. The GCZMA is in receipt of additional complaint from Goa Paryavaran Savrakshan Sangharsh Samitee regarding demolition of unauthorized construction of buildings of M/s. Thalasa at Vagator Beach and Guest House at Anjuna beach situated in NDZ in Sy. No. 214/1 of Village Anjuna, Bardez – Goa. The said matter was placed in the 160th GCZMA meeting held on17/10/2017 for grant of personal hearing to the parties wherein the Authority noted that the complainant sought time. Accordingly Authority decided to place the matter in its next meeting. In view of the above, the matter was placed before the Authority for grant of personal hearing to the parties. Case No. 2.2: To comply with the Order dated 26/09/2016 passed by the Hon’ble NGT in Application bearing No. 106/2016 in the matter of Mr. Eliano Pereira V/s. Antares Beach Club & Resort & Ors. 1. The GCZMA was in receipt of a complaint letter dated 08/12/2015 from Mr. Eliano Pereira with regard to the alleged illegal construction of a Resort in the NDZ area in the property bearing Sy. No. 214/4, 5 at Ozrant Vagator at Anjuna, Bardez- Goa carried out in the name and style of “Antares Beach Club and Resort”. 2. The said complaint letter was forwarded to the Inquiry Committee of the GCZMA for conducting necessary inquiry and submission of report. 3. Accordingly, the Inquiry Committee of the GCZMA conducted the necessary inquiry which includes inspection of the site and grant of personal hearing to the parties and submitted its report on 27/06/2016. 4. The report of the Inquiry Committee interalia in breief states as under: Considering that the property bearing Sy. No. 214/4, 5 of Anjuna Village was purchased in the year 2014 that; the GCZMA granted permission to erect temporary seasonal structures till May 2016, the GCZMA: a) To remove the 7 temporary seasonal structures in Sy. No. 214/4 and 6 temporary seasonal structures in Sy. No. 214/5 of Village Anjuna if M/s. Antares Beach Club Resort continues to be existing after May 2016. b) To deal with the erection of temporary seasonal structures in CRZ area in accordance with the regulation prevailing for erection of such structures by CRZ Notification. 5. It may be noted that the GCZMA was in receipt of another complaint letter dated 04/04/2016 was received from Mr. Kashinath Shetye with regard to the alleged CRZ violation carried out in the property bearing Sy. Nos. 214/4, 5 at Vagator, Anjuna, Bardez – Goa by “Antares” Robust Resort & Hospitality LLP. 6. An Application bearing No. 106/2016 (WZ) was also filed by Mr. Eliano Pereira before the Hon’ble NGT, Pune thereby challenging the alleged illegal construction of structures being Page 2 of 59 carried out by Antares Beach Club and Resort in the property bearing Sy. No. 214/4 and 214/5 of Ozran Vagator, Anjuna, Bardez – Goa. 7. The said matter was disposed of vide Order dated 26/09/2016 with a direction that the Applicant, Mr. Elaino Pereira, Respondent No. 1, Antares Beach Club and Resort and Respondent No. 5, the Village Panchayat of Anjuna – Caisua are required to be heard before the Respondent No. 3, the GCZMA for the purpose of hearing on 24/10/2016 and the GCZMA is required to dispose of the complaint dated 08/12/2015 filed by Mr. Eliano Pereira in accordance with law within 8 weeks. The Hon’ble NGT further directed Respondent No. 1 Antares Beach Club and Resort and Respondent No. 5, the Village Panchayat of Anjuna – Caisua to place on record the necessary documents in support of their case before the GCZMA on or before 07/10/2016. 8. As per the direction of the Hon’ble NGT, Mr. Eliano Pereira placed on record his relevant documents vide Application dated 10/10/2016 also, the Village Panchayat of Anjuna placed on record their reply on 12/10/2016. 9. In view of the direction of the Hon’ble NGT, the matter was placed for hearing before the Secretary (Env.) on 24/10/2016 wherein the Complainant, Mr. Eliano Pereira present in person. Adv. Vivek Rodrigues remained present on behalf of Anatares Beach Club and Resort. However, none remained present on behalf of the Village Panchayat of Anjuna – Caisua. The Advocates and the parties present were appraised that since the GCZMA has been duly constituted vide notification dated 26/10/2016 the concerned parties to be heard before the newly constituted Authority. The said matter was placed in the 139th GCZMA meeting held on 07/02/2017 for grant of personal hearing to the parties wherein the Authority noted that neither the Complainant nor the Respondent were present for the personal hearing, so also, none remained present on behalf of the Village Panchayat of Anjuna. The Authority noted that the time granted by the Hon’ble NGT to decide the complaint has lapsed and hence the Authority after detailed discussion and due deliberation decided to take up the matter for 21st February with final opportunity to the complainant, the respondents and the Village Panchayat. In the event the parties fail to remain present for the next hearing, the Authority will be compelled to take decision ex-parte. The Authority decided to communicate this to all parties concerned well in advance and take this matter on 21st of February at 3.00 pm The said matter was polaced in the 141st GCZMA meeting held on 21/02/2017. The Complainant, Mr. Elaino Pereira was present. Adv. A. Kakodkar was present on behalf of M/s. Anatares Beach Club and Resort holding for Adv. Savio Soares and placed on record Affidavit in reply and further sought for time. The Authority after detailed discussion and due deliberation and in view of the principles of natural justice decided to grant time to the parties and informed both the parties that next date of personal hearing before the Authority will be communicated to them shortly. It may be noted that an Application has been received from Mr. Elaino Pereira stating that he does not wish to proceed ahead with the complaint. Page 3 of 59 The said matter was placed in the 143rd GCZMA meeting held on 07/03/2017 wherein the Complainant, Mr. Elaino Pereira was absent. Adv. Savio Soares remained present on behalf of M/s. Anatares Beach Club and Resort. The Authority noted that the Complainant, Mr. Elaino Pereira was absent and accordingly decided to grant last and final opportunity to the parties for personal hearing before the Authority and incase if any of the parties remain absent and / or seek adjournment in the matter, no further time / adjournment will be granted and the matter will be decided based on the documents available on record. The said matter was placed in the 149th GCZMA meeting held on 09/05/2017 wherein the Authority after detailed discussion and due deliberation and taking into consideration the oral as well as written submissions and the material on record decided to accept the findings of the Inquiry Committee of the GCZMA and further decided to issue directions under Section 5 of the Environment Protection Act, 1986 directing M/s.