PANAJI
The Goa Coastal Zone Management Authority (GCZMA) has stated that it ‘lacks’ the ‘power’ to review its own decisions, and that it is ‘impermissible’ to re-evaluate permissions once they have been granted.
As such, the Authority has dropped the show cause notice and stop work order issued to a five-star resort at Bambolim based on a complaint filed by St Andre MLA Viresh Borkar and Goa Green Brigade pertaining to the illegal construction carried out by the hotel. The show cause notice and stop work order was issued in April.
The complainants had urged the Authority to review its permission granted to the hotel in September 2021 for construction of the compound wall and subsequently had obtained permission from the TCP in December 2021 and March, 2025 and a NOC from the local village panchayat in February 2022.
“Since, the Authority had granted the permission, this Authority becomes functus officio; Once this Authority had granted the permission the same has become final and cannot be revisited or reopened as the Authority lacks the power to review its own decisions,” the minutes of the meeting stated.
“The Authority noted that the complainants are seeking to review the permission dated September, 23, 2021, which is impermissible and the Authority lacks jurisdiction,” it stated further.
During the meeting held last month, the Authority perused the provisions of the CRZ notification 2011 as per which the construction of compound wall is a regulated activity for erosion control measures.
The Authority also noted that as per CRZ Rules, the clearance accorded to the project is valid for a period of seven years from the date of the issuance of the clearance, provided that the construction activities commence within a period of five years and the construction is completed and operations be commenced within seven years.
The resort was granted clearance in September 2021 and is valid till 2026, and hence the work undertaken by the respondent is validated.
“In view of the Authority being functus officio and lacking jurisdiction to review the permission granted, the Authority discharges the stop work order and drops the show cause notice dated April 15, 2025, as the work carried out on the site is as per the approved plans/permission granted by the GCZMA,” the minutes added.
