MARGAO
In a major development, the Goa Coastal Zone Management Authority (GCZMA) has ordered the demolition of the structures of a Colva-based popular hotel that had come up in four survey numbers of the hotel property in violation of the Coastal Regulation Zone (CRZ) norms.
Exercising powers conferred under Section 5 of the Environment (Protection) Act, 1986 (Central Act 29 of 1986) read with sub-rule (3) (a) of Rule 4 of the Environment (Protection) Rules 1986, and read with power vested with the GCZMA vide Order S.O. 3975 (E) dated 31/10/2019 issued by the Union Ministry of Environment and Forests, GCZMA Member Secretary, Dasharath Redkar dismissed the review petition filed by the party and directed the hotel to demolish all the structures in the four survey numbers within 30 days.
The order has directed the Dy Collector and SDO, Salcete to verify whether structures referred to above are demolished, by the violator within stipulated time.
In case the directions are not complied, Dy Collector and SDO Salcete, shall demolish structures in the property and restore the land to its original condition.
Further, the Dy Collector and SDO Salcete have been told to recover the expenses incurred as the arrears of land revenue and submit a compliance report.
At its 187th GCZMA meeting held on 30/10/2018, the Authority had resolved that the party has failed to establish/justify existence of the structures in properties of two survey numbers of Colva village and the existence of the renovated structures in the survey numbers as prior to 1991 with the help of document/record.
In fact, the authority had concluded that the party had undertaken large extensions without any valid permission in the four survey numbers. “The old structures existing in two of the survey numbers as shown in the survey plan are no longer in its original condition. As per the mapping carried out by the DSLR in 2006, new constructions have come up in the property bearing the four Survey Nos of Colva village”, the order had stated.
Hence, the authority had resolved to pass demolition order against all the structures existing in the four survey numbers of Colva village and directed the hotel to stop all the commercial activity being carried out in the four survey numbers with immediate effect.
The demolition, however, was kept on hold after the party went in appeal.
Colva Civic and Consumer Forum Secretary Judith Almeida, who was the intervenor in the matter before the High Court, have welcomed the decision of the GCZMA in ordering the demolition of the hotel structures as per the 2018 order. She, however, failed to understand how the authority had initially decided to review its own order passed in 2018. The authority in its latest order has concluded that it has no jurisdiction to entertain review of its decision taken at the 187th meeting.
