the goan I network
PANAJI
The Bombay High Court at Goa vacated the stay on the shack policy that was imposed by the National Green Tribunal paving the way for the state government to implement the policy and allocate shacks.
Disposing the petitions filed by the Goa government as well as the Shack Owners Welfare Society (SOWS) the High Court noted how shacks are made by completely eco-friendly material and that there is no evidence that their presence had an adverse impact.
“In the state of Goa since long, shacks have existed for decades and there is no evidence of adverse impact
on the environment on account of the shacks,” the HC noted.
“The tourist season having commenced in the state of Goa and keeping in view the large employment generated, we dispose of the petition staying the operation of the NGT order to the State of Goa. We permit the state to implement the shack policy 2019-22,” the HC bench of Chief Justice Pradeep Nandjog and MS Sonak ruled.
“We would request the GCZMA to finalise for the state of Goa the Coastal Zone Management Plan as soon
as possible and preferably by the date specified by the NGT,” the High Court bench said.
“The shack policy envisages temporary shacks with light facilities and made of eco-friendly material such as wooden poles, bamboo, palm leaves, bamboo mats etc. Use of concrete material is absolutely banned. Plastering, use of plastic and digging of soak pits is prohibited,” the court noted.
On September 13, the NGT had directed the state government to keep its shack policy on hold until it submits the finalized Coastal Zone Management Plan (CZMP).
“This Tribunal has been granting extensions to the States reluctantly in view of difficulties expressed from time to time. The last extension has expired on 31.08.2019. Period of one year and four months has already gone by after the date fixed by this Tribunal. This cannot be an unending exercise,” the NGT ruled. The NGT gave until November 15 for the state to finalise the CZMP.
Last week the High Court had allowed the State government to begin the shack allotment process up to the stage of the actual allotment of shacks.
“Taking into consideration the fact that the Shack Policy has been operated for all these years and cognizance of such operation is also been statutorily noticed in paragraph 3 of CRZ Notification, 2011, we feel that the State can be allowed to take steps for operation of the Shack Policy up to the stage of actual allotment of shacks,” the HC bench of justices M S Sonak and Nutan Sardesai ruled.
The High Court had also asked the Goa Coastal Zone Management Plan (GCZMA) to provide a copy of the permission it has granted for the shack policy for the government of Goa. The affidavit was tendered on Monday.
COURT
OBSERVATIONS
1 In the state of Goa since long, shacks have existed for decades and there is no evidence of adverse impact on the environment on account of the shacks
2 The tourist season having commenced in the state of Goa and keeping in view the large employment generated, we dispose of the petition staying the operation of the NGT order to the State of Goa
3 Shacks are made by completely eco-friendly material and that there is no evidence that their presence had an adverse impact
