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Judgment
The Applicant has invoked Section 18, 14, 16 and 17 of the National Green Tribunal Act, 2010 for grant of direction against the Respondents to demolish the shops, compound wall and hotel building constructed in Survey No.72/37 of Village Anjuna, Bardez Goa by Mr. Dominic Almeida and Mrs. Synthia Almeida e D'souza alias Mrs. Christillia Almeida in CRZ-III Zone within 200 mts of HTL lying in NDZ.
Further direction is sought to stop construction in Survey No.72/37 of Village Anjuna by the same parties.
Direction is also sought against Respondent Nos.3 and 4 not to issue any commercial NOC for shops, Hotel/resort in the name and style "COLOURS" in Survey No.72/37 of Village Anjuna Bardez Goa.
Upon admission of this Application Notices were issued to the Respondents who have entered appearance.
Counters have been filed.
At this stage on behalf of Goa Coastal Zone Management Authority (GCZMA) which is Respondent No.3 submission was made that the complaint of the Applicant Mrs. Suhasini S. Govekar has been taken cognizance of and Show Cause Notice has been issued to the person named in the Application namely Respondent Nos.1 and 2.
On behalf of Respondent Nos.1 and 2 it is submitted that they have filed their objections to the Show Cause Notice and the matter is now pending consideration before Respondent No.3.
On behalf of Respondent No.3 it is submitted that they have referred the compliant to the Inquiry Committee which is inquiring into the nature of allegations and the fact situation. We had, therefore, adjourned this case to enable GCZMA to take a final decision.
Subsequently it is submitted that Report has been received and GCZMA would have to take decision after hearing both the sides.
At this stage a subsequent event occurred as a result of which by afflux of time, the period for which GCZMA is constituted has expired. Therefore, as on today GCZMA which was constituted earlier is not in office. New GCZMA has to be constituted by the MoEF. It is awaited.
As this Application is being posted for consideration, we are of the opinion that GCZMA, the Authority, to which the Applicant had petitioned against Respondent Nos.1 and 2, has taken cognizance of the Report/complaint and initiated action. In fact, from the submission of the Counsel it is seen that Inquiry Committee has submitted report and a final decision has to be taken by the Authority after hearing both sides.
As by afflux of time the period for which GCZMA was constituted has since expired, new GCZMA has to be constituted. Even if the GCZMA by expiry of the period of time has lost its existence, the State Environment Department is the statutory authority who has ultimate control for enforcement of the statutory provisions in the matter relating to CRZ Regulations.
Therefore, in the absence of GCZMA the State Environment Department should have stepped in and taken appropriate action. It is not done.
In the circumstances, we direct the Environment Department of State of Goa to initiate proceedings from the stage at which GCZMA has stopped to logical end and pass appropriate order. For this purpose, we give them a months' time from the date of receipt of the Order of this Tribunal.
As far as the Applicant and the Respondent Nos.1 and 2 are concerned, they may participate in the proceeding on the receipt of the Notice from the State Environment Department. However, to avoid further delay the Applicant and Respondent Nos.1 and 2 waive Notice and we fix 19th August, 2016 as a date on which Environment Department must proceed with enquiry after giving opportunity to both sides.
In case by 19th August, 2016 if GCZMA is constituted then this Order shall be complied by the new incumbent GCZMA in office.
With this observation, we feel that this Application could be closed reserving liberty to the Applicant to question order of the GCZMA if it is against him.
In the circumstances, Application No.24/2016 is disposed of with no order as to costs. Contentions of both sides are kept open to be urged before the Authorities.
Application No. 24/2016 stands disposed of with no order as to costs. Consequently, M.A.
No.136/2016 also stands disposed of.