MARGAO
The High Court of Bombay at Goa has ordered animmediate halt to all work on a property in Cavelossim after observing thatsand dunes on the site had been prima facie destroyed.
The directions were issued against M/s AshfordSCDC Resorts LLP, the company undertaking work on the property bearing surveyNo. 99/2-E, after the court said it was prima facie satisfied that the companyhad violated the Coastal Regulation Zone (CRZ) notification, the Goa LandDevelopment and Building Construction Regulations, 2010, and Section 66(1) ofthe Goa Panchayat Raj Act, 1994.
“The photographs produced on record by thepetitioners, Iris Passanha and others, prima facie show that M/s Ashford SCDCResorts has destroyed the sand dunes, which were on the property, and suchdestruction has continued further,” Justice Amit S Jamsandekar observed.
“Considering the material on record, therespondents are ordered and directed to forthwith ensure that no work ofwhatsoever nature is carried out on the property bearing survey No. 99/2-E ofCavelossim village and/or no further work commences therein,” the judgedirected.
“Further, appropriate orders and directionsshall be forthwith issued to M/s Ashford SCDC Resorts to ensure that no personis permitted to enter upon the said property for whatsoever reasons. Therespondents shall take immediate steps to secure the site and ensure that nounauthorised access thereto is permitted,” the Court further directed.
The court has ordered M/s Ashford SCDC Resortsto ensure that all its directors, partners, officers, contractors or workersworking for, through or under it abide by this order and the orders passed bythe Panchayat and GCZMA, which shall now be forthwith implemented by respondentNos. 4, 5, 6, 7, 8 and 9, pursuant to the directions issued herein. The matterwill be heard again by the Court on November 11.
In the public interest litigation filed byIris Passanha and others, they had alleged the destruction and flattening ofsand dunes by the 10th respondent, M/s Ashford SCDC Resorts LLP. The propertyis situated in Salcete taluka of Goa and bears survey No. 99/2-E of Cavelossimvillage.
“Admittedly, the property lies on the coastbetween the Arabian Sea and River Sal. The GCZMA has recorded that the propertyfalls partly within CRZ-III (0 to 200 metres, No Development Zone), partlywithin CRZ-III (200 to 500 metres from High Tide Line) and partly withinCRZ-III (River NDZ). The 10th respondent has obtained permission from the GCZMAon 25.03.2026, a technical clearance order on 04.05.2026 and a constructionlicence on 08.05.2026; all permissions are confined to bio-fencing in the 0 to200 metres area and a compound wall in the 200 to 500 metres area. There areterms and conditions imposed by the GCZMA, and the permission is subject to theterms and conditions more particularly mentioned in the permission orders,” thecourt observed.
