Cavelossim Villagers Forum vs Village Panchayat Of Cavelossim And Ors

This is an Application filed on behalf of Cavelossim Villagers Forum under Section 14(1) and 14(3) of the NGT Act, 2010.

The grievance of Applicants is that the Respondent No.4, (M/s Sai Champions Family Trust) has undertaken a development project by dumping mud in NDZ area of property bearing Survey No.109/2 (P). It is alleged that the project in question is undertaken by destructing existing sand-dunes and dumping of mud in violation of CRZ Regulation, 2011.

We may state at the outset that the Respondent Nos. 2 and 3, have not contested the Application on merits. The Members of GCZMA are present in person when they were called upon to explain certain inconsistencies in the earlier stand and statements in the minutes of GCZMA. Learned Advocate General Mr. Atmaram Nadkarni, submits that the discrepancy has occurred due to erroneous minutes prepared by GCZMA Secretariat and there is no discrepancy in findings and observations of the Experts. He would further submit that he has already instructed the GCZMA to prepare the minutes, Agenda and permission letters, in more elaborate and descriptive manner to avoid such discrepancies. Considering such statement, the Notice issued to two Members of the GCZMA, stands discharged.

Learned Advocate General Mr. Atmaram Nadkarni, states that structure in question is directed to be removed vide order dated 8-5-2015. He states that the structure raised by the Respondent No.1 has been found to be illegal by the GCZMA. In other words the authority came to the conclusion that the impugned structure of Respondent No.4, is unauthorized, illegal and within CRZ-I, area and, therefore, is liable to be removed.

Perusal of pleadings of the Respondent No.4, would show that reliance is placed on NOC issued by the Respondent No.1, dated October 9, 2013. It is important to note that the Respondent No.1 - Village Panchayat is not the competent authority to grant permission for construction activity in question, which is found to be within CRZ-I, area.

Learned Advocate for the Respondent NO.4, Shri. Nilesh Shirodkar, is absent. Though Vakalatnama is also signed by learned Advocate Alka Babaladi, but she states that she has not received instructions from learned Advocate Mr. Nilesh Shirodkar, and, therefore, she is unable to argue the matter. Learned Advocate for the Respondent No.1, Sh. Amit Palekar, reiterated contents of the affidavit dated 23rd April, 2014 and submits that NOC was granted for five (5) cottages and one shack after obtaining clearance from the Respondent No.3, on 23rd September, 2014. In our opinion, neither clearances are permissible under the CRZ Notification of 1991 or 2011 and, therefore, impugned constructions are totally illegal and liable to be removed/demolished/dismantled in totality.

Apart from findings recorded by the GCZMA, and order issued dated 8th May, 2015, we may further take note of the fact that the Deputy Collector- Incharge, Demolition Squad, Sub-division, Goa has issued identical orders for demolition of impugned structure vide confidential letter dated 8thJuly, 2015. It appears that the Respondent No.4 (Sree Sai Champions Family Trust) had preferred a Writ Petition, in the meanwhile, challenging order dated 8th May, 2015, passed by the GCZMA, which came to be decided by the Hon'ble High Court of Bombay at Goa on June 3rd, 2015.

Perusal of said order reveals that the condition of direction dated 23rd December, 2014, issued by the GCZMA, requires the Respondent No.4 to remove the structure in question latest by 10th June, 2015. On consideration of record, it is manifest that the Respondent No.4, did not abide itself by the said condition. In this view of the matter, we do not find any reason to interfere in the said orders of demolition.

Sum -total of foregoing discussion is that the impugned structures are within CRZ-I, area and are also destructive of sand dunes. It follows, therefore, that said structures are liable to be dismantled in totality as per the directions of the GCZMA and that of the office of Deputy Collector, South Goa. The necessary fall out of demolition must require not only restitution but recovery of costs of restitution as well as compensation for the purpose of damage caused to environment, including prosecution, as may be deemed proper by the competent authority for violation of CRZ Notification.

In the result, the Application is allowed. The authorities are directed to execute the orders passed by them and carry out demolition within period of three (3) weeks hereafter, as per scheduled dates indicated in the orders of the authority, if there is no variance made by the competent Court order or any other authority. The Respondent No.4, shall pay costs of Rs.10Lakh as costs required for demolition work and restoration of environment. The Respondent No.4 shall also pay further costs of Rs.25Lakh for the purpose of restitution and restoration of area and so also pay costs of Rs.25Lakh for the purpose of damage caused to environment. The Latter amounts be deposited within four (4) weeks with the office of Collector, South Goa. Non-payment of such costs, would entail recovery of same from the Respondent No.4, by attachment of properties of the Respondent No.4 and sale thereof, of stock and barrel by the competent authority. This amount shall be utilized for the restitution and restoration plan for the subject area, which shall be prepared by GCZMA within six (6) weeks. The Respondent No.4 is also liable for prosecution as may be permissible under the Law. The Respondent No.4, shall also pay costs of Rs.50,000/- to the Applicant as litigation costs and shall bear his own. The Application is disposed of accordingly.