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Judgment
Issue raised in this application is the uncalled for inaction of GCZMA to enforce CRZ notification against illegal construction of Zinhos Beach Resort, Zinhos (L) Beach Resort, and Zinhos I Beach Resort located at Survey No. 243/13A and Survey No. 243/4 comprising of a Ground +2 structure with 32 rooms and a swimming pool at Saunta Vaddo, Calangute, Bardez- Goa undertaken post 1991, within the ‘No Development Zone’ of 200 meters from the High Tide Line in terms of the Coastal Regulation Zone Notification, 1991 and the Coastal Regulation Zone Notification, 2011, without the approval of Competent Authorities ought to be demolished.
It is stated that in terms of the CRZ Notification 1991, and the CRZ Notification 2011, area up to 200 mts from High Tide Line on the landward side in case of seafront is to be earmarked as “No Development Zone”, wherein no construction shall be permitted within No Development Zone as contemplated in terms of the CRZ Notification, except for repairs or reconstruction of existing authorized structure.
The Draft Coastal Zone Management Plan as prepared by National Centre for Sustainable Coastal Management for Village Calangute clearly shows that the Survey No. 243/13A and 243/4 falls within the 200 meters of the High Tide Line i.e, within the No Development Zone in terms of the CRZ Notification. Further, the construction of Zinhos Beach Resort at Survey No. 243/13A and 243/4 comprising of a Ground +2 structure has come up structure at Survey No. 243/13 was pre-existing prior to 1991, and rest of the construction at Survey No. 243 has come up only after 1991.
The matter was considered on 20.01.2022 in the light of earlier orders dated 24.08.2020, 15.09.2021 and 11.11.2021 and it was noted that GCZMA had failed to file its response in spite of several opportunities. The Tribunal accordingly directed as follows:-
“1to5…xxx………………………………….xxx………………………….xxx
Accordingly, the matter has been put up today. It is unfortunate that the GCZMA has again defaulted. It is patent that lame excuses are being given by the GCZMA to avoid statutory obligation. On being asked, learned Counsel for the GCZMA, merely stated that GCZMA has still not been able to finalize the matter for which we see no earthly justification, except extraneous reasons. Inspite of violation being noted and directions issued by this Tribunal more than one year ago and two further opportunities having been given, no action is being taken against the law violators.
Accordingly, we direct the Chief Secretary, Goa to look into the conduct of the Member Secretary, GCZMA and take remedial action, following due process. We further direct the GCZMA to finalise the matter positively within one month and file an action taken report, after executing the order passed. In case of default, the Member Secretary, GCZMA will be personally accountable by way of coercive action which may include civil imprisonment and stoppage of salary. The Chief Secretary, Goa may also file an affidavit of compliance before the next date.”
In pursuance of above, response has been filed by the Chief Secretary, Goa on 18.04.2022 mentioning the remedial action taken as follows:-
“(a) Development of a dedicated portal on the website of GCZMA for monitoring and disposal of cases,
(b) Allotment of unique identification number for cases being heard by the GCZMA,
(c) Parallel online correspondence of all communications and directions issued to departments for time stamping and seamless communications,
(d) Nomination of one counsel in the department as nodal officer for coordination between the courts and GCZMA officials,
(e) Review of GCZMA referred cases periodically by Collectors and Heads of Departments and sending their reports on monthly basis to the GCZMA, within 30 days of receipt of the case.”
Response has also been filed by the GCZMA that final decision in the matter has been taken by the GCZMA on 11.2.2022 to demolish the illegal construction.
In view of above, no further order is necessary. The application is disposed of.