MAPUSA
The proposed construction of 54 temporary cottages and six restaurants at an eco-sensitive coastal property in Anjuna has hit a legal roadblock, with the Principal District Judge, North Goa, quashing an order that had directed the Anjuna-Caisua panchayat to grant permission for the project.
The court found that crucial environmental and statutory requirements had been overlooked while ordering the panchayat to issue permission for the proposed structures, spread over 4,261 sq m at Survey Nos. 213/1, 213/2 and 213/3.
In a significant observation, the court noted that the property falls under natural cover and partly overlaps a no-development slope under the Regional Plan 2021.
The panchayat had also pointed out that the property is located in the coastal zone, has no access road and is environmentally sensitive.
The court further took serious note of the respondents entering into an MOU with KP Resort Pvt Ltd for leasing the property for business activity after obtaining the Goa Coastal Zone Management Authority (GCZMA) NOC.
The GCZMA NOC issued in July 2023 specifically prohibited its transfer to another person. The court held that the subsequent arrangement with KP Resort raised a clear issue of violation of this condition.
The judge also faulted the Additional Director of Panchayats for failing to consider the provisions of the Goa Erection of Shacks on Public Beaches (Regulation and Control) Act, 2024, which lays down mandatory permissions for temporary and seasonal structures.
The court pointed out that such structures require, among other clearances, permission from the Director of Tourism and an NOC from the panchayat concerned, besides health and fire-related approvals.
The respondents had argued that they had complied with the GCZMA conditions and were entitled to permission, while also relying on permissions granted to owners of adjoining properties.
Rejecting this contention, the court said permission granted to neighbouring landowners could not automatically entitle the respondents to permission without complying with the applicable legal and environmental requirements.
The Principal District Judge, Vijaya V. Ambre, accordingly allowed the panchayat's revision petition and quashed the February 25, 2026, order directing it to grant permission within 15 days.
The court also returned the records to the Additional Director of Panchayats, bringing the earlier direction to the panchayat to issue the permission to an end.
