MARGAO
On June 2021, the Principal Bench of the National Green Tribunal (NGT) issued crucial directions to the Goa Coastal Zone Management Authority (GCZMA) “ set up an effective mechanism on Coastal Regulation Zone violations in order to advance the rule of law.
The NGT had further asserted that it may be desirable to have an inventory prepared in respect of such structures based on an independent annual survey, to be updated periodically to avoid selective action against the violations of the CRZ norms.
As its now over three years since the NGT Principal Bench had passed the order, the GCZMA may have to answer a question or two “ has the Authority put in place a mechanism to keep a track on CRZ violations or has it prepared an inventory based on an independent annual survey?
Well, pose the question to GCZMA Member Secretary Johnson Fernandes and the senior officer was quick to point out that a 2007 order issued by the Chief Secretary has laid down detailed guidelines how to track down on illegal structures or CRZ violations.
Social activist Judith Almeida, however, has begged to differ. She said most of the cases instituted before the GCZMA are matters based on complaints rather than suo moto cognisance taken by the Authority. “Our NGO, the Colva Civic and Consumer Forum had been instrumental in lodging complaints on CRZ violations before the GCZMA. We have received relief to our complaints when the country’s Apex Court or the NGT had upheld orders passed by the GCZMA based on our complaints,” Judith said.
She further said an effective mechanism to track down on CRZ violations followed by an inventory to be updated periodically as directed by the NGT Principal Bench will help closely monitor the violations effectively.
While ordering the demolition of a bar and restaurant at Betalbatim, the NGT on June 29, 2021 had made a pointed observation that the GCZMA appears to be working only on the basis of complaints against illegal structures, adding that large number of illegal structures continue to exist inspite of directions of the High Court.
The NGT added: “It may be desirable to have an inventory prepared in respect of such structures based on an independent annual survey, to be updated periodically to avoid selective action against the violations of the CRZ. “An effective monitoring mechanism needs to be set up by GCZMA to advance the rule of law.”
When asked to shed light on the mechanism in place to track down on the CRZ violations, GCZMA Member Secretary Johnson Fernandes said 2007 order issued by then Chief Secretary J P Singh has put in place a mechanism, with directions issued to the deputy Collectors, SDMs to hold fortnightly meetings to review action taken on complaints of hill cutting, filling up of low lying land and CRZ violations. “These fortnightly meetings are to be attended by the TCP and other concerned officials of the area and minutes of the meeting shall be endorsed to the respective Collectors and Chief Town Planner, Superintendent of Police and Dy Conservator of Forests,” the order stated.
Social activists, however, pointed out that Chief Secretary’s 2007 order and directions appear general in nature and not specific to CRZ violations. In fact, an activist pointed out that a bare glance at the NGT order shows that the Tribunal has mooted an inventory of CRZ violations based on an independent annual survey, to be updated periodically to avoid selected action against the CRZ violations. “What the GCZMA Member Secretary is talking about is a general order issued in 2007 by Goa Chief Secretary. The NGT’s order is very clear that it wants the GCZMA to prepare an inventory based on an independent annual survey to be updated periodically,” the activist added.
