MARGAO
The National Green Tribunal, Western Branch has dismissed an appeal filed by a beach resort at Colva against the order passed by the Goa Coastal Zone Management Authority (GCZMA) in 2022 for demolition of structures erected by the resort and to restore the land to its original position.
While dismissing the appeal, the Bench found that the argument made by complainant Colva Civic and Consumer Forum, very strong, indicating that the appellant went on increasing the construction of rooms in its Hotel from time to time, as they went on increasing from 25 rooms on 20.08.1986 up to 156 rooms, as mentioned in page nos.151-152 of the paper book, which is an Inspection Report of Medium Class Accommodation (‘B’ Category), prepared by the Tourism Department.
“But no permission of the additional rooms, being constructed at such a huge level, has been produced by the appellant before us. We also find that it is rightly recorded by the GCZMA in its impugned order that no documentary evidence could be produced by the appellant to substantiate its claim that the structures, which have been ordered to be demolished, belonged to the period prior to the year 1991”, the Bench further observed.
The Bench added: “We do not find any infirmity in the impugned order dated 12.10.2022 passed by the respondent No.1/GCZMA and accordingly, this appeal deserves to be dismissed and is accordingly dismissed”.
“Much stress is laid by the learned counsel for appellant on a report of Enquiry Committee dated 08.10.2015 conducted by the GCZMA, annexed at page nos.163 to 166 of the paper book, where-in, in para no.10, our attention is drawn to the observation that the structures of the Hotel were existing prior to the date of CRZ Notification i.e. 19-02-1991 and it was highlighted by the learned counsel for appellant that this conclusively proves that all structures belonged to the period prior to the year 1991”, the Bench stated.
The bench, however, pointed out that this argument by the appellant has been vehemently controverted by Judith Almeida representing the Colva Civic and Consumer Forum/Complainant saying that actually, there were only 2 structures, which existed on the said Survey Number. “For this, our attention is drawn by Judith to page no.157 of the paper book, which is a layout of rough sketch of the structures of the Hotel Beach Resort, which is a part and parcel of a letter of Secretary of Village Panchayat, Sernabatim, Venelim, Colva & Gandaulim, Salcete, Goa dated 23.11.2005, addressed to the appellant, where-by the appellant was directed to produce all relevant documents of the construction including additional rooms and compound wall of the Hotel Project to prove the legalities of all the structures of its Hotel project etc. We find force in the argument made by the complainant/respondent No.2 because in that rough sketch map, only two existing structures were shown, which were not found to be illegal, while rest were marked to be illegal”, the bench added.
