NGT 'tremor' rattles coastal biz

PETITIONS BEFORE NGT
1)
By Prasad Naik against an order of the GCZMA to demolish his commercial structure in Penha da França village
2)
By Rosalina de Souza in Mormugao where GCZMA had directed the demolition of a structure despite there being a permission issued by MMC for a soda factory back in 1984
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THE VERDICT
The National Green Tribunal (NGT) rejected both the appeals
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TRIBUNAL JUDGEMENT
>> It is clear that a structure which has been raised prior to 1991 is to be regularized subject to the condition that they are being used as dwelling houses and by traditional coastal community
>> In light of the relevant provision of law, a structure being used for commercial purposes whether prior to 1991 or subsequent to it cannot be regularized or allowed to be continued to run
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PANAJI: In an order which leaves the fate of thousands of businesses along the coast hanging in balance, including private shacks and restaurants, the National Green Tribunal (NGT) has ruled that only dwelling houses and those belonging to traditional fisher communities are to be regularised along the coast and the rest are to be demolished.
Disposing two separate appeals filed against demolition orders issued by the Goa Coastal Zone Management Authority on the same grounds, the NGT ruled that even commercial structures existing prior to 1991 cannot be regularised under the CRZ notification.
“It is clear that a structure which has been raised prior to 1991 is to be regularized subject to the condition that they are being used as dwelling houses and by traditional coastal community. In light of the relevant provision of law, a structure being used for commercial purposes whether prior to 1991 or subsequent to it cannot be regularized or allowed to be continued to run,” the NGT principal bench of Justice Raghuvendra S Rathore and Satyawan Singh Garbyal ruled.
“A dwelling unit of the traditional coastal community is permissible under the CRZ Notification, 1991 which have been accorded formal approval by the concerned authority under the said notification and such dwelling units were to be regularized. However, such regularization was subjected to two conditions. Firstly, that they are not be used for any commercial activities. Secondly, they are not to be sold or transferred to any non-traditional coastal community,” the NGT ruled.
Two appeals were filed before the NGT -- one by Prasad Naik against an order of the GCZMA to demolish his commercial structure in Penha da França village and another filed by one Rosalina de Souza in Mormugao where the GCZMA had directed the demolition of a structure despite there being a permission issued by the Mormugao Municipal Council for a soda factory back in 1984.
The NGT rejected both the appeals.
A structure which has been raised prior to 1991 is to be regularized subject to the condition that they are being used as dwelling houses and by Coastal Community. In a situation where such structures have come into being after 1991, though may be used for dwelling purpose, are not to be regularized,” the NGT stated.
Regulation 6 (d) of the CRZ notification reads: The dwelling units of the traditional coastal communities, including fisher folk, tribals, as were permissible under the CRZ Notification, 1991, but which have not obtained formal approval from concerned authorities under the aforesaid notification shall be considered by the respective Union Territory CZMAs and the dwelling units shall be regularized subject to the following condition, namely:
(i) These are not used for any commercial activities
(ii) These are not sold or transferred to non - traditional coastal community
The regulation is clear in that it only deals with dwelling structures which have not obtained formal approval and was not meant to govern other structures which already had formal permissions at that time.