PANAJI
The High Court of Bombay at Goa has come down heavily on the National Green Tribunal (NGT) for dismissing a challenge over alleged CRZ violations at Casa Britona without hearing the petitioner.
A Bench of Justice S G Chapalgaonkar, in its order on Monday, quashed the NGT orders, terming them a prima facie incorrect appreciation of the facts, and remanded the matter to the Tribunal for fresh consideration. The NGT, in its December 2, 2022 order, had dismissed the appeal as time-barred. It subsequently refused to recall that decision in its March 19, 2026 order.
Partly allowing the writ petition, the High Court noted that petitioner Shetye had complained to the Goa Coastal Zone Management Authority (GCZMA) in 2016, alleging illegal construction in the CRZ area at Survey Nos 62/2 to 62/6 at Salvador-do-Mundo, involving Casa Britona, within 100 metres of the high tide line. The GCZMA subsequently directed the demolition of the extensions and restoration of the land.
The dispute before the High Court centred on the limitation period. The NGT had proceeded on the basis that the appeal was delayed by more than 114 days. However, the High Court found that the record showed Shetye had initially filed the appeal with an application seeking condonation of a 42-day delay. He later withdrew the appeal with liberty to re-file and submitted a fresh appeal within two days.
“This Court finds that petitioner’s Appeal has been dismissed without hearing him, that too on point of limitation and prima facie on incorrect appreciation of facts. Although petitioner had moved application for recall of order giving necessary particulars to demonstrate delay in filing Appeal is less than 60 days, which can be condoned by Tribunal, has been ignored,” the court said.
The matter has now been remitted to the NGT for reconsideration on merits, with the parties directed to appear before the Tribunal on October 16.
