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Judgment
This application has been filed by the State of Goa seeking extension of time for finalizing the Coastal Zone Management Plan (CZMP) by six months i.e. till 28.02.2022, as against the time granted and extended from time to time which finally expired on 31.8.2021.
The O.A. was filed on 19.05.2015 with the grievance that there was rampant degradation of coastal areas in the country in absence of effective regulation. Important step required for such regulation was finalization of CZMP. Vide order dated 03.05.2017, the Tribunal directed the MoEF&CC to file an affidavit as to why CZMP for different States was not being finalized. The Tribunal also issued notice to 13 coastal States and UTs concerned. The matter was then considered on 31.05.2017 and it was noted that CZMP was required to be finalized in terms of the CRZ Regulation, 2011. It was observed that even though six years had passed after the said Regulation were notified, CZMP had not been finalised. Accordingly, direction was issued that MoEF&CC may call meeting of the concerned coastal States within two weeks to plan finalization of hazardous line as well as Notification of CZMP.
Vide order dated 10.08.2017, the Tribunal noted that high tide line had been demarcated based on which CZMP was to be finalized at the earliest. On 14.11.2017, the Tribunal directed all the concerned States to state when their State Plans will be finalized by the Ministry. On 22.11.2017, time was sought to file CZMPs by different States and the Tribunal granted extension upto 30.04.2018 and further three months' time to the MoEF&CC for approval to the fixation of hazardous line and CZMP.
Vide order dated 13.09.2019, the time was extended upto 15.11.2019. On 27.11.2019, the Tribunal considered the application for extension of further time with the following observations:-
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Even though there is no justification for further extension in view of huge unexplained delay for the last more than one and a half year after expiry of date fixed by this Tribunal, as a last resort extension is granted till 31.01.2020 subject to the condition that the concerned Secretary of the State of Goa will not be entitled to draw salary from 01.02.2020, if there is a default, till compliance.
We further direct that in view of huge delay having adverse consequences further steps be expedited by other concerned authorities. National Centre for Sustainable Coastal Management (NCSCM), Chennai may take further action expeditiously but within three months thereafter i.e. 30.04.2020. Thereafter, the MoEF&CC may issue necessary notification at earliest but within one month thereafter i.e. by 31.05.2020. Delay may call for coercive measure under Section 25 of the National Green Tribunal Act, 2010 read with Section 51 of CPC."
Inspite of above, CZMP was not finalized. Further extension was sought by way of M.A. No. 55/2020 on the ground that delay was being caused by National Centre for Sustainable Coastal Management (NCSCM). The Tribunal directed that MoEF&CC may monitor the matter and ensure that all process is completed by 31.01.2021.
In above background, public hearing was held to finalise the CZMP but by way of O.A. No. 118/2021, Goa Foundation & Anr. v. Goa Coastal Zone Management Authority & Ors. deficiencies in conduct of public hearing were pointed out. The Tribunal found merit in the objections and directed that proper public hearing be conducted as per mandate of law. Date of 31.01.2021 for finalizing CZMP was extended till 31.08.2021. The said order was affirmed by the Hon'ble Supreme Court in Civil Appeal No. 2325-2326/2021 filed by the Goa Foundation.
Since CZMP has still not been finalised within above extended time, present application has been filed stating that consideration of objections will require time. We have heard learned Counsel.
We note that there is breach of mandate of finalizing CZMP as per CRZ Regulations, 2011 for the last ten years, causing failure to regulate the matters as per law, to the detriment of environment. Having regard to the long delay which has already taken place, we see no justification for granting the extension sought. The State cannot go on in a leisurely manner without concern for its duty. Accordingly, we direct that if CZMP is not completed even upto 31.12.2021, the concerned Secretary of State of Goa will not be entitled to salary from 01.01.2022 till the default continues. This direction is being issued in the light of the earlier direction in order dated 27.11.2019, which remains uncomplied, in view of the further extensions of time granted earlier, as above.
The application is disposed of.