what led to the legal notice
National Green Tribunal in December 17, 2014, judgement had allowed seasonal temporary structures in coastal areas
Process of issuing permissions should have begun after approval was accorded for beach shacks
GCZMA has refused to even accept applications for permissions for shacks and huts in private properties
Delay on part of GCZMA has affected the livelihood of all members of AGPPSHOA
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Shacks in private property: Legal battle on the horizon
AGPPSHOA says GCZMA lethargy has affected livelihood of all members
THE GOAN NETWORK
CANACONA
The All Goa Private Property Shacks and Huts Owners Association (AGPPSHOA) has demanded that the Goa Coastal Zone Management Authority (GCZMA) initiates the process of issuing permissions to erect shacks and huts in private properties within seven days, failing which it has threatened to approach the High Court.
In a legal notice issued on Monday on behalf of AGPPSHOA, adv Gaurang Panandiker reminded the GCZMA that the National Green Tribunal (Western Zone) Bench in its judgement dated December 17, 2014, had issued directions to GCZMA “to regulate seasonal temporary structures in a sustainable manner without affecting the pristine coastal environment of Goa.”
“As per directions...you were to issue permissions for seasonal temporary structures only after completion of detailed survey of sand dunes and after carrying out the study to assess the carrying capacity of different beaches in the State.”
“The NGT had further reiterated these directions and its enforcement vide its order dated September 19.”
Panandiker added that the AGPPSHOA had expected the GCZMA to have begun the process of issuing permissions for erection of shacks and huts in private properties immediately after the process for issuing permissions to beach shacks was completed.
“However, you have refused to even accept applications for permissions for erection of shacks and huts in private properties in spite of repeated request from various members of AGPPSHOA,” he said.
He stated that the season for erection and operation of such shacks and huts started on October 1, adding that two months of business had been lost as a result of the delay by the GCZMA.
“Delay on your part has affected the livelihood of all members of AGPPSHOA as well as the means to earn a livelihood of many other people from the State, who are, directly or indirectly dependent on shacks and huts,” Panandiker told the GCZMA.
Panandiker said the GCZMA had “chosen not to act in the present matter in spite of various requests and pleas made by various members of AGPPSHOA.”
He demanded that the GCZMA initiates the process of issuing permissions for erection of shacks and huts in private properties by accepting applications for the same within 7 days from the notice, failing which the AGPPSHOA would approach the High Court in the matter.
Copies of the legal notice have also been forwarded to chief minister environment minister, tourism minister and the tourism department.
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BOX
Structures on Agonda coast in GCZMA cross hairs CANACONA
The Goa Coastal Zone Management Authority (GCZMA), has asked for a detailed inspection report from Canacona Deputy Collector, of the controversial constructions including shacks, huts, permanent structures and cottages in a particular plot on Agonda coast.
In its letter dated November 11, the GCZMA has stated that its office was in receipt of a complaint from a resident of Agonda regarding alleged illegal constructions of shacks, huts, permanent structures, cottages, etc, in the property in Agonda village within the CRZ area and enclosed the complainant's copy for reference of the SDO.
“You are hereby directed to arrange to inspect the site immediately and after verification may issue ‘Stop Work Order’ in case the same is prima facie illegal activity thereon and draw detailed panchanama along with photographs and exact location, occupier, village/ward in which it is located and other relevant details,” states the letter.
“Further, you may also initiate action as per circular at your end and submit a compliance report/action taken report by November 30, positively for this authority to take necessary action in the matter,” stated the letter signed by Member Secretary (GCZMA) Srinet N Kothwale, marking a copy to the complainant.
