PANAJI
The National Green Tribunal (NGT) has refused to overturn an order of the Goa Coastal Zone Management Authority (GCZMA) which had directed the demolition of Mackie’s Saturday Night Bazaar at Arpora for it being in violation of the Coastal Regulation Zone.
The GCZMA in an order passed back in May 2016 had directed Joseph Michael Pereira of Mackie's Saturday Night Bazaar to demolish all structures erected in the property which includes permanent structures ie dance floor, permanent office, concrete structure (which is located at the edge of the creek) and row of toilets (which are also located at the edge of the creek) and a deck which juts into the creek as well as the temporary structures erected for ongoing event ‘Mackie's Saturday Night Bazaar’ and restore the land to its original condition, within 15 days.
Pereira filed an appeal before the National Green Tribunal contending that there was no material for holding that the construction was covered under the CRZ Notification.
“In referring to the creek/lagoon, no reference has been made to the plan under the CRZ Notification. The area was not a creek or lagoon nor were there any mangroves. The construction existed prior to 1991 and the panchayat certificate was a public document which supported the appellant,” Pereira argued.
However, the GCZMA supported its decision.
“We are of the opinion that since the area is found to be a part of a creek and the appellant has failed to produce any document in support of the contention that the construction existed prior to the prescribed date of 1991, the impugned order cannot be faulted,” the NGT ruled.
“Documents of the Panchayat, in the absence of any supporting document from the competent authority, could not be the basis for accepting that construction existed prior to the specified date,” the NGT said.
