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Judgment
This Application under Section 18(1) read with Sections 14, 15, 16, 17, 26 and 28 of the National Green Tribunal Act, 2010 is preferred by Mr. Kashinath Jairam Shetye & Other Applicants seeking direction to the Respondents to demolish the alleged illegal structures in Survey No.150, 151 and 152 of Arpora Village so as to bring the land to its original position.
Direction is also sought by this Tribunal against Respondents under Section 26 and 26 of the National Green Tribunal Act, 2010 for alleged wilful disobedience to the Order of this Tribunal dated 9th October, 2015.
Contempt action is also sought by the Applicants against Respondents apart from seeking litigation cost etc.
Upon admission Notices were issued to the Respondents who entered appearance and the contesting Respondent No.1 has filed detailed Counter.
We have heard parties and during course of submission it was brought to our notice that the High Court of Bombay at Goa Bench in Writ Petition No.325 of 2016 had passed interim order which was later modified by the High Court taking note of subsequent events. The modified Interim Order dated 21st March, 2016 clarified that the interim relief will apply only to the Petitioners before it and not to any other individual or entity who is either constructing structure or running commercial activity.
Being satisfied the subsequent modified Interim Order of the High Court did not restrain us from considering the Application on its merit, we have examined all issues with the perspective it deserves.
On merit we find that the Goa Coastal Zone Management Authority (GCZMA) which is statutory authority could not have granted permission for construction of temporary or permanent huts and shacks in the areas which are declared and come within the No Development Zone i.e. NDZ.
Having formed that opinion we had directed that all permissions granted by GCZMA will not be legally sustainable.
At that juncture, the learned Counsel for GCZMA submitted that whatever licences were granted have since been revoked by GCZMA and it is enforcing the Coastal Regulatory Zone Rule of 2011.
Accepting submission and trusting that the GCZMA will become sensitive to the issue and the licences which have been granted will be revoked, we thought of passing further order. We gave time to the GCZMA and the Counsel representing GCZMA to file detail Counter.
In the subsequent event, we are informed, that the GCZMA has passed an Order on 23rd May, 2016 ordering demolition of the structures put up by persons amongst which Mr. Joseph Michael Pereira was one such person against whom the order of demolition was passed.
Being aggrieved by that Order Mr. Joseph M. Pereira has preferred regular appeal in Appeal No.31/2016 before us and the same has been admitted.
As far as this Application is concerned, the Order passed by GCZMA is virtually in pursuance to the complaint lodged by the Applicants. Our Orders are also in aid of the relief sought by the Applicants. The complaint allegations have been considered by GCZMA, may be in pursuance to our Orders passed, but the fact is that the proceedings have come to a logical end in GCZMA taking appropriate action in accordance with law ordering demolition of shacks and construction of structures which are not legally permissible in the NDZ area. Thus, the grievance of the Applicants has been fully answered by the GCZMA in taking appropriate action and, therefore, it calls for further no orders from this Tribunal.
Being of this view, we feel this Application need not pend before this Tribunal and can be disposed of. Hence, we dispose of this Application as having being satisfied with making no order as to costs. As regards Appeal No.31/2016 is concerned, it will be considered on merits on the grounds urged without being influenced by the Order passed in this case.
Application No.182/2015 stands disposed of with no order as to costs. All issues are kept open.