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HC stays demolition of coastal structures

 Grants ‘interim protection’ to tourism operators  Govt restrained from taking coercive steps without following the principles of natural justice

the goan I network

PANAJI

A vacation bench of the Bombay High Court at Goa temporarily stayed the demolition of hundreds of structures ordered by the Goa Coastal Zone Management Authority’s (GCZMA) along beach stretches of Agonda, Mandrem and Morjim known to be turtle-nesting sites.   

Justice PD Naik, who is the designated vacation judge for the Goa bench, found merit in the argument that natural justice was denied while issuing the May 2 order for demolition of the structures, proferred by Advocate John Abreu Lobo, the counsel for All Goa Private Property Shack/Hut Owners Association which moved the court.   

Justice Naik also accepted the plea of the Advocate General to schedule the hearing on merit for after the vacation and accordingly fixed June 10 as the next date. He also directed notices to be served on the Chief Secretary of Goa and other government officials which are returnable on that date.  

“The impunged order seeks to demolish the structures. It is submitted that no show cause notice was issued to the parties, nor any hearing was conducted by the authorities, which amounts to violation of the principles of natural justice,” Justice Naik said while granting “interim protection” to members of the All Goa Private Property Shack/Hut Owners Association in Morjim, Mandrem and Agonda.  

The Government of Goa has also been restrained from taking any coercive steps without following the principles of natural justice.   

Monday’s High Court order, meanwhile, has stopped in its tracks both the demolition squads of the two district administrations of North and South Goa, which The Goan had reported were geared up with earthmoving machinery to demolish the structures following the May 2 orders of the GCZMA member-secretary Ravi Jha, IAS.   

Jha had issued orders to some 178 parties levying a Rs one-lakh fine and also directing demolition of hundreds of structures they own on Mandrem, Morjim, Agonda and Galgibaga beaches, known to be commonly used as nesting sites by the protected Olive Ridley turtles.   

Most of these structures are on private land but in No Development Zones as per Coastal Regulation Zone rules. The orders to demolish the structures were issued after the GCZMA took a decision to that effect in its 197th meeting held on April 26. Meanwhile the issue of structures coming up on these beach stretches close to turtle-nesting sites is also under adjudication since 2017 in the National Green Tribunal’s principal bench in Delhi. The tribunal had also last week imposed a Rs one-crore fine on the GCZMA for alleged non-compliance of its past directions.  

Operators remove 12 structures at Agonda

CANACONA: Twelve structures at Agonda beach were cleared by the tourism operators themselves on Monday, fearing removal of their structures by a demolition squad.

According to Canacona Dy Collector Sagun Velip, 12 illegal structures were removed by the parties concerned, while others who had been served with demolition orders for their hundreds of structures along the beach had assured to remove their own structures by Tuesday. >> See pg 2


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Tourism operators cut off Agonda in Monday morning drama to stall drive

The Goan Network
Published May 7, 2019, 4:02 AM IST
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the goan I networkCANACONADrama prevailed at Agonda on Monday morning after several people assembled at the Panna junction to block the main road and prevent officials and a demolition team from proceeding to Agonda beach to demolish hundreds of beachside structures.   In what was a carefully planned operation, some of the affected tourism operators convened a meeting in Agonda on Sunday night and had delegated duties to different people, in a bid to stall the…

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