PANAJI
In a move that could provide relief to owners of old unauthorized residential structures in coastal areas, the Goa Coastal Zone Management Authority (GCZMA) has paved the way for regularisation of such structures falling within Coastal Regulation Zone (CRZ) areas under ‘Goa Regularisation of Unauthorised Construction Act, 2016’, provided they were in existence before February 1991 and meet stringent documentary and structural conditions.
However, the Authority has made it clear that the concession will not extend automatically to structures constructed after 1991 and that such cases will have to be referred to the GCZMA before taking decision on their regularisation.
The decision, taken during the meeting held on August 12, was following proposals arising from repeated requests from Deputy Collectors seeking clarification on CRZ limits in cases where applications for regularisation had been filed under the Act2016 Act.
“The Authority has decided that any residential dwelling unit that is in existence prior to February 1991 and is having valid approvals from the concerned authorities and the same is established by conclusive documentary evidence and exists in the same shape and size may be considered for regularization by the concerned competent officer as per the procedure prescribed under Goa Regularisation of Unauthorised Construction Act, 2016.”
The Authority, however, immediately qualified the decision by stating: “However, structures erected after 1991 may be referred to the Authority before any decision.” GCZMA noted that under the Goa Regularisation of Unauthorised Construction Act, 2016, the concerned Deputy Collector is empowered to consider applications and, subject to the provisions and conditions of the Act and applicable rules, regularise specified residential and commercial unauthorised structures constructed on private, Comunidade or Government land.
GCZMA observed that the issue arises in cases where the property or structure sought to be regularised falls within, or is alleged to fall within, the CRZ. “Since the applicability of CRZ regulations may have a direct bearing on the eligibility of a structure for regularisation, the concerned Deputy Collector forwards such applications to the GCZMA for clarification regarding the CRZ status and applicable CRZ limits,” the minutes stated. The minutes point out that “at present, applications are being referred individually to the GCZMA for examination and clarification. The repeated receipt of such references has resulted in the need for a more systematic and uniform mechanism for processing such cases”.
The Authority has also stressed that any clarification regarding CRZ limits must be based on the applicable approved CRZ map, Coastal Zone Management Plan, relevant notifications and other statutory provisions prevailing on the date on which the application is considered. “This approach is necessary to avoid inconsistencies in the processing of similar cases and ensure that regularisation is undertaken in accordance with the CRZ regulations prevailing at the relevant time,” it added. The GCZMA noted that the proposed procedure would ensure “uniformity, transparency and consistency” in the examination of such cases, while also facilitating the timely disposal of applications.
