The HC order states
No further reliefs required to be granted; all contentions before authority are left openA vast area is being excavated and filled in the area adjoining a river. The photos suggest change of land use. The area is part and parcel of the property which is disputed
It is not expected of the authorities to not take any action concerning environmental laws
The mamlatdar, forthwith, with all measures should ensure that any machinery used for excavation and dumping of mud is seized and ensure that no dumping is carried out in the locations depicted in the photos
..........
HC directions to prevent land filling at Quelossim
Project promoters deny involvement in CRZ violation
THE GOAN NETWORK
PANAJI
The Bombay High Court of Goa came down strongly on the reported violation of the Coastal Regulation Zone provisions in Quelossim village even as it has remained unclear who is behind these violations.
The petition was filed by the Goa Foundation (GF) alleging that the promoters of the Mini India Park, Movaj Enterprises, in complete violation of as many as four stop work orders issued by the Goa Coastal Zone Management Authority, has continued to fill low-lying khazan lands.
However, Adv Nitin Sardesai denied that his client Movaj Enterprises was involved in any of the aforementioned activity and denied that it was taking place on the land belonging to them.
Accepting the statement on record by the alleged offender, the court disposed the petition ruling that since it was not the respondents the concerned mamlatdar would have to ensure that there is no violations of the CRZ as pointed out in photographs produced on record by the Goa Foundation’s Adv Norma Alvares.
“No further reliefs are required to be granted and all contentions before the competent authority are left open,” the division bench of Justices F M Reis and Nutan Sardesai said.
“With regard to the photographs (of unabated land filling produced by the Goa Foundation) we find that a vast area is being excavated and filled and the area is adjoining a river. The photos suggest change of land use adjoining the river. It was contended that areas is part and parcel of the property (in question) which is disputed,” the court said.
“We find that since the public interest litigation to protect the environment from degradation which are covered under CRZ regulations, it is not expected of the authorities to not take any action concerning environmental laws,” the bench observed.
“We direct that the mamlatdar, forthwith, with all measures ensure that any machinery used for excavation and dumping of mud is to be seized and take further measures that no dumping is carried out in the locations depicted in the photos,” the court said.
Norma Alvares, brought to the notice of the court that a show cause notice cum directions issued by the Goa Coastal Zone Management Authority dated 02/02/2017 to point out that perusal of the show cause notice reveals that the activities which are being carried out are unauthorised activities within the CRZ area.
Nitin Sardesai, Senior Counsel disputed the said contention and pointed out that if, any such directions are issued, he is bound to comply.
The Goa Foundation has filed a petition arguing that that there is a specific bar imposed on the Investment Board under Section 8 of the Investment Board Act which restrains it from granting approvals or recommendations for projects that are located in CRZ and khazan areas and yet the Board went ahead and recommended a project for the Mini India Park in the CRZ area in violation of its own statutes.
