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: Page 1 of 16 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. Page 2 of 16 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 Page 3 of 16 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.