PANAJI
The Bombay High Court at Goa on Wednesday ordered the sealing of a four-storeyed hotel that was built and operating without any permissions whatsoever from any authorities.
Hearing a petition filed by one Ravi Harmalkar, a local resident, the High Court expressed that it was “completely shocked that a structure of this magnitude could come up in a highly eco-sensitive No Development Zone without obtaining permissions from any of the Authorities under any of the several legislations and regulations which would normally apply to these types of constructions assuming that such a construction was permissible in a NDZ.”
The complaint alleged that a hotelier put up a ground plus four-storeyed structure with an open terrace within hardly 50 mtrs from the seashore in a No Development Zone (NDZ) under the CRZ Notification. The petitioner complained that the violator has not bothered to obtain permissions from any of the authorities for putting up this construction.
“Without permission from any of the authorities and without any occupancy certificate from the panchayat, the third respondent has started using this patently illegal construction for commercial purposes that is, a hotel,” Harmalkar argued before the Court.
The panchayat conceded that they had not issued any construction licences or an occupancy certificate for the structure and after considering the response to the show cause shown it issued to the violator, a demolition order was issued, which the petitioner argued was not being enforced or executed.
The Advocate General too said that the construction was a “which calls for serious action because such a huge construction has been put up in an eco-sensitive area without obtaining permissions from the Panchayat. Goa Coastal Zone Management Authority (GCZMA), the Town and Country Planning authorities, the Health authorities, the Fire Safety authorities and several other authorities assuming without admitting that such a construction was at all permissible in a No Development Zone.”
“We are shocked and surprised at the panchayat’s failure to act against this structure. It is quite difficult to believe that a structure of this magnitude was coming up without the knowledge of the panchayat or its members,” the High Court bench of Justice M S Sonak and Bharat Deshpande, said.
“In most such matters, the parties, either with or without the connivance with the panchayat, put up constructions near the shoreline and start using the same for commercial purposes. After that, time is wasted raising frivolous defences before a host of forums in case the panchayats or other statutory authorities care to act. After all such defences are rejected. Further time is wasted in seeking regularisations. Meanwhile, the commercial activities in such patently illegal constructions continue unabated. This modus operandi has emboldened the unprecedented mushrooming of illegal constructions, especially in the beach belt. Regardless of the havoc such spate of illegal constructions is causing to the cause of environment protection and orderly planning,” the High Court also observed.
“By way of an interim order, we direct the third respondent to immediately stop using this structure/construction for any purposes, including, in particular, any commercial purposes.”
“We agree with the learned Advocate General that this is a case which calls for serious action,” the High Court said.
“Accordingly, the Deputy Collector, Pernem, along with the Pl (Police Inspector) of the Pernem Police Station, must go to the site and ensure that the commercial activities are fully stopped and the premises are sealed. The Secretary of the Village Panchayat must also remain present at the site today at 5 pm at the time of sealing of the premises/illegal construction and render all assistance to the Deputy Collector and the Pl. The electricity and water connections, if granted must also be disconnected within the next 48 hours,” the High Court also said.
