the goan I network
PANAJI
The Panjim Bench of the Bombay High Court at Goa granted the Government of Goa as well as the shack owners limited relief, allowing the government to proceed with operation of the Shack Policy up to the extent prior to the actual allotment of shacks.
Hearing an urgent petition filed by the Government of Goa as well as the Shack Owners Welfare Society, the High Court bench of justices M S Sonak and Nutan Sardesai ruled, “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 upto the stage of actual allotment of shacks.”
“This is because we have been informed that for the shacks to operate there are several preliminary steps involved including but not restricted to invitation of applications and issuance of allotment orders,” the HC ruled.
“According to us, no point would be served in restraining such activities. However, no actual allotment of shacks or commencement of operation therein can be permitted until further orders,” the High Court ruled.
Earlier, Advocate General Devidas Pangam argued before the Court that there was no sufficient notice to the State Government to make its submissions before the NGT on the issue of operation of the Shack Policy since, what the State Government had applied for before the NGT was only for extension of time to submit the CZMP.
He also argued that shacks owing to their temporary nature do not require an environmental clearance from the MoEF but only from the GCZMA.
When it was pointed out that the GCZMA had indeed cleared the shack policy, the High Court sought to know
under which CZMP did the GCZMA clear the shack policy as admittedly there was no valid CZMP in force at the time the GCZMA cleared the shack policy.
The High Court then directed the GCZMA to file by next week an affidavit placing on record the approval, if any, granted by it to the Shack Policy 2019-22 and also explain the basis on which such approval was granted by the GCZMA.
“This is necessary because it was pointed out that in terms of paragraph 5(x) of the CRZ Notification 2011, developmental activities listed in the notification are to be regulated by the concerned GCZMAs within the framework of approved CZMPs. It is further pointed out that the CZMP as already approved by the Ministry of Environment, Forest and Climate Change under the CRZ Notification 1991, was to remain valid upto 31.07.2018 or at which time the approval is given by the Ministry of Environment under the said notification, whichever is earlier.
“This means that post 31/07/2018 there is really no CZMP as such in operation,” the High Court ruled. The matter has now been posted for Monday, October 7.
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.
“This Tribunal has been granting extensions to the State 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 ‘shack policy’ may not be operated till finalization of CZMP, it will be open to the state to finalize CZMP immediately without waiting for time till 15.11.2019,” the NGT had decreed.
