PANAJI
The Bombay High Court at Goa stayed an NGT order, which had, earlier this month, directed that 335 licences for beach shacks on private land be withdrawn on grounds that the shack owners have not been heard and not been made a party to the original NGT petition.
The stay will be in operation till Alex Pereira is served a notice and appears before the Bombay High Court at Goa.
“Since the impugned order has been passed, prima facie, without granting any opportunity of hearing to the petitioners and since it also has prima facie effect of taking away the fundamental rights of the petitioners, the impugned order would have to be stayed,” an order passed by a bench of judges K L Wadane and S B Shukre reads.
The All Goa Private Property Shack/Huts Owners Association had approached the Bombay High Court at Goa aggrieved that a sweeping order by the NGT to revoke all the shack licences would affect their businesses.
Lawyer representing the Association put forth before the court that the NGT order was passed in violation of the principles of natural justice and has the effect of taking away the right already created in favour of the members of the petitioners' Association.
He told the court that the shack owners already had clearance from the GCZMA after which they put up their shacks and that they were not party to the NGT case but they were affected by it.
On the basis of a petition filed by one Alex Pereira, who had challenged the GCZMA decision to give licences to the shacks in private properties without completing a sand dune survey and a tourism carrying capacity survey, the NGT had directed that the licences be revoked. The case was filed against the government of Goa and the GCZMA.
