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Judgment
We have heard learned Counsel for the parties.
The Applicants have filed W.P.No. 630 of 2010 challenging impugned order dated 25th November 2008 passed by the GCZMA (Annexure 'A'), which came to be transferred to NGT, by an order dated 28.03.2014 of Hon'ble High Court of Bombay at Goa.
It is not necessary to elaborately state pleadings of the parties in view of the facts and further developments which occurred during intervening period. Mrs.Betty Alvares, vide letter dated 17.07.2007, made a complaint to the GCZMA alleging that various illegal constructions were made over on land Survey Nos. 148/2, 148/5 and 148/6 amongst others. The Hon'ble High Court took cognizance of that letter and treated the same as PIL/W.P No. 6/2007.
The Hon'ble High Court by order dated 21st November, 2007 directed GCZMA to conduct an enquiry and initiate action in accordance with Law. In the course of such enquiry, certain structures of the present Applicant were found to be illegal, in as much as, they were constructed between 200 to 500 meters of HTL and that too without proper permission from concerned authority i.e., GCZMA. Considering the record and findings of enquiry, the GCZMA by its impugned order directed the Applicant to dismantle/demolish the said illegal structures. Consequent to the impugned order passed by GCZMA, the Additional Collector issued show cause Notice dated 29.04.2008 and asked the present Applicant as to why the illegal structures under question should not be removed?
Learned Advocate appearing for the Applicant, Agnelo Fernandes, would submit that such order of the Hon'ble Division Bench has been duly complied with and therefore, nothing survives in the Application. He, however, submits that only small part of the impugned order as regards which is structure of temporary nature, existing in the structure U & V indicated in the Para (b) of the directions of the impugned order, as directed by Hon'ble High Court and the GCZMA, is not demolished till now. He undertakes, however, that due compliance will be made by the Applicant without any delay. He submits that he may be permitted to apply for regularization of the said construction activity, because it is only of temporary nature. It is not within our domain to give any direction to the competent authority, because such matter is within discretion of the competent authority and we can only state that if the Applicant so applies, his Application may be examined independently on its own merits by the competent authority.
The Applicant shall demolish the structure indicated in Paragraph (b) of the impugned order of GCZMA within two (2) weeks and restore the area to its original condition as per the impugned order inasmuch as this has to be done in view of direction of the Hon'ble High Court as per the order dated 05.07.2010 in W.P. No. 313/2009. We direct Member Secretary of GCZMA to verify the factual situation within four (4) weeks and report compliance to the Tribunal and in case, such report is not received, we will be constrained to take coercive action to secure presence of the Member Secretary or may take penal action against him for non-compliances, under section 26 of the National Green Tribunal Act 2010 or any other provision as may be permissible under law. So also, in case, there is non-compliance by the Applicant within the given time-frame, he will be also liable for penal action of which a note should be taken and learned counsel appearing for him, shall give due intimation to the Applicant. With these directions the Application is disposed of with no costs.