PANAJI
The National Green Tribunal has quashed an order passed by the Goa Coastal Zone Management Authority which had directed the demolition of sheds set up by fisherfolk at Nerul village.
The Tribunal, which was hearing a plea filed by one Rama Ladu Govekar and others, noted in its order that the sheds that were constructed by the fisherfolk for storing their fishing nets was a permitted activity under the CRZ notification.
“We find force in the argument made by the learned counsel for the appellants and are of the view that the above kind of constructions should not be treated to be prohibited at the site in question… we allow the present appeal and set aside the order dated 08.04.2024 passed by Respondent No.1- GCZMA and remand the matter to (the GCZMA) for deciding afresh after providing an opportunity of hearing to the parties concerned,” the NGT bench of Dinesh Kumar Singh and Dr Vijay Kulkarni, said.
The fisherfolk in their plea before the NGT argued that even in NDZ, the construction/ re-construction of dwelling units of traditional coastal communities including fisherfolk is permitted between 100 and 200 metres from the HTL and that the sheds in question which have been erected at the site fall squarely under the exemption granted to traditional fisherfolk.
They pointed to para No.8 (III) CRZ-III (A) (ii) of the CRZ Notification, 2011, which provides that “...construction/reconstruction of dwelling units of traditional coastal communities including fisherfolk may be permitted between 100 and 200 metres from the HTL along the seafront in accordance with a comprehensive plan prepared by the State Government or the Union territory in consultation with the traditional coastal communities including fisherfolk and incorporating the necessary disaster management provision, sanitation and recommended by the concerned State or the Union territory CZMA to NCZMA for approval by MoEF.”
However, the GCZMA argued that even if the appellants belonged to fishermen community, “they could not be permitted to use material to erect the sheds, which are not permissible in the NDZ.”
“When we enquired from learned counsel for GCZMA as to where is the provision, which prohibits the use the above-mentioned material, allegedly used, in the said two structures found standing at the site in question, no provision could be shown by her nor did we find the said provision to have been quoted in the impugned order,” the NGT also observed.
