There are several reasons for this. At the centre of their plight lies the role of the Goa Coastal Zone Management Authority whose permission is absolutely essential for their functioning.
Back in 2014, the Goa Coastal Zone Management Authority went ahead and granted permissions to more than 300 private shacks all along the beaches of Goa, ignoring an instruction of the National Green Tribunal to first complete a beach carrying capacity study.
That's not all. The GCZMA granted permissions to the shacks including in areas where its own fact-finding committees have indicated that the areas are clearly sand dunes.
What resulted was the NGT cancelling all licences issued to private shacks and directing the GCZMA to ensure that they are shut. It is another matter that very few private shack owners actually dismantled their shacks or indeed in some cases ceased operations.
Since then the beach carrying capacity study has been completed and the GCZMA, one believes, can begin reissuing licences. However, in the absence of a clarification from the National Green Tribunal, in view of the fact that the case is still pending, the licensees have a sword over their heads. Making matters worse, the NGT itself is in limbo with the cases against the transfer still pending before the Bombay High Court at Goa.
The entire situation is a classic case of no one in the government willing to take responsibility and lay down clear regulatory guidelines. This in large part is because many of the private shack operators, emboldened by the fact that they are operating within the confines of their own beach side properties willfully ignore guidelines of the CRZ regulation and proceed to build permanent platforms and in some cases even permanent structures for their shacks.
This explains, but does not justify, the government's reluctance to act.
This must begin with a clear regulatory framework to govern private shacks which currently are governed by various authorities including the Tourism Department, the GCZMA and the local village panchayat. Unless there is a clear fixing of responsibility indicating which department is responsible and for what, private shacks will continue to be a law unto themselves, but not for reasons that are entirely their own doing.
In the absence of this, all private shacks along the beach belt will be liable to be dragged to court much like Curlies beach shack in Anjuna has been. Likewise, many other famous beach shacks have violated rules and will bite the dust. The more famous the private shack the more that is at stake.
