MARGAO
The principal bench of the National Green Tribunal has observed in the Colva-based Hotel Silver Sands case that no document relating to title or otherwise in respect of immovable property is of any relevance without specifying the requisite details about the survey number on which it is situated, the details about the measurements and a clear plan attached with the registered sale deed.
While dismissing the appeal filed by Silver Sands hotel against the order of the Goa Coastal Zone Management Authority, Justice Raghuvendra S Rathore and expert member Dr Satyawan Singh Garbyal has observed that a bare perusal of the GCZMA order shows that a large extension, without any valid permission, had been made in Survey Nos 24/2, 24/3, 24/11 and 24/12.
“It is also revealed that the old structure existing in Survey Nos 24/3 and 24/12 as shown in survey plan was no longer in its original condition. As per the mapping carried out by DSLR in the year 2006, new construction had come up in Survey Nos 24/2, 24/3, 24/11 and 24/12. The authority below has arrived to a finding that the hotel had failed to establish/justify existence of the structure in Survey Nos 24/2 and 24/11 of Colva village and the existence of the renovated structure in Survey Nos 24/3 and 24/12 of Colva village, as prior to 1991 with the help of any document/record,” the bench observed.
“In such a situation, the GCZMA has decided to order for demolition of all the structures existing in Survey Nos 24/2, 24/3, 24/11 and 24/12 of Colva village which are held to be unauthorised. It may also be relevant to mention here that the plan bearing No DJ/1930/5406/80 dated 28th August, 1980, issued by the Town Planner which had been produced before the authority was illegible.”
“Furthermore the plan did not mention any survey number and did not show the swimming pool or the details of the structure. The appellant has not placed any subsequent approvals before the authority with regard to extension/alternation of the structure as shown in DSLR plan. So far as conversion of land is concerned, the appellant had produced only in respect of one property bearing survey No 24/3 (part) but had failed to produced conversion of 24/2, 24/11 and 24/12 of Colva village. So far as the sale deed executed in the year 1981, 1984 and 1985 are concerned, there was no plans
attached to them. The said sale deeds also do not specify the dimensions of house number 429 and plan of extension,” the bench said.
“Needles to say, no document relating to title or otherwise in respect of immovable property is of any relevance without specifying the requisite details about the survey number on which it is situated, the details about the measurements and a clear plan attached with the registered sale deed,” the bench added.
