PANAJI
The Goa Tourism Department informed the High Court that they have ‘discovered’ that shack owners have illegally dug 23 bore wells along the Candolim beach stretch without any permissions from any authority and have also dug soak pits despite conditions of the shack licence specifically stating that no soak pits can be dug.
Submitting a preliminary inspection report before the High Court in response to a public interest litigation petition filed by one Reuben Franco, the Tourism Department reported that about 23 bore wells were illegally dug and installed “mainly around shacks that the Department of Tourism has permitted.”
“These shacks extract and utilise water from such bore wells,” the report stated. Similarly, according to the report that 17 shacks have constructed soak pits which according to the Department is “a breach of terms and conditions of the shack licence based on which these shacks are being operated on the Candolim beach.”
According to submissions made by the Tourism Department, such bore wells are not permitted in terms of the shack policy and that no permissions were granted for boring such wells under the Goa Groundwater Regulation Act, 2002 and Rules 2003.
“These bore wells appear to be wholly illegal and unauthorised. Moreover, the beach stretch is an ecologically sensitive zone affected by CRZ Notification. In all probability, such boring activities might have been prohibited in that area,” the High Court observed while directing the department to “seal such bore wells and take necessary steps to ensure that these bore wells are not used.”
“A compliance report should be filed before us on 14.02.2023 without offering any excuses. If the police authorities are to be involved, then they must render all cooperation. The photographs should be produced on record along with the compliance report,” the High Court also said.
The Department also assured the High Court that show cause notices will be issued to these 17 shacks requiring them to show cause as to why their operations should not be shut down and licences should not be revoked for prima facie breach.
“Such show cause notices should be issued by 17.02.2023, granting a week to the shack holders to respond. Further, such show cause notices must be disposed of by 20.02.2023 latest without offering any excuses. Finally, the shack licensees must also be granted an opportunity to remedy the prima facie default on their part within this period if they choose to,” the High Court said.
Besides the Candolim stretch, the Tourism Department also conducted an inspection of the Calangute beach stretch but could examine only 19 of the 108 structures on the stretch.
“We are disappointed at the delay in the inspection. However, it is not as if the Calangute stretch is so large that the inspection could not have been completed by this time,” the High Court observed.
“We direct the officials of WRD to inspect at the earliest the beach stretches at Candolim and Calangute in the context of reports filed before us and the allegations of several soak pits and bore wells on these beach stretches,” the High Court said.
“Further, we also direct the GCZMA, to immediately cause an inspection of Calangute and Candolim beach stretches in the context of allegations about soak pits and bore wells within the CRZ areas of Candolim and Calangute beach stretches. For example, suppose the GCZMA finds that the shacks have undertaken unauthorised activities like boring of wells and erecting soak pits in the beach areas. In that case, it is expected that the GCZMA should take immediate action as contemplated by law,” the High Court also said.
