PANAJI
The National Green Tribunal (NGT) has upheld the order of Goa Coastal Zone Management Authority (GCZMA) directing the demolition of structures built on khazan land in Merces. Appellants Johnny Fernandes and Shaine Fernandes had approached the NGT, Western Zone Bench (Pune) challenging the GCZMA order ordering demolition as it came under dense mangroves.
The GCZMA took the support of government inspections and Google Image showing the properties are covered under CRZ Notification. The order also stated that Fernandes had no permission from the authorities concerned for the construction in the area.
The NGT, on hearing all the parties linked with the matter, observed that the appellants did not deny the existence of structures in survey nos.275/1, 275/1-A, 275-B, and 275/1-C which are also marked by the Directorate of Settlement and Land Records (DSLR) and it was superimposed on survey plan in its site inspection.
“The property in question is situated adjoining mangrove habitat which indicates tidal influence and hence, CRZ-2011 provisions would be attracted. It is also evident from DSLR and Expert Member‘s Report that there exist structures on the said survey numbers and so far as their legality is concerned, the Appellants have not produced any such document before it to establish them to be legal rather they defended the said structures only on the ground that they are not covered under CRZ Notification, 2011,” reads the 26-page order copy.
While dismissing the appeal filed by the Appellants, the NGT Bench also noted that neither any documents to prove the new structures were constructed prior to 1991 nor any permission for the constructions reflected in the site plan prepared by DSLR was submitted.
“Therefore, it was clear that all the structures located in the said survey numbers were illegal and unauthorized… We find that all the documentary evidence which was led by the Appellants was considered appropriate by the Authority and with the assistance of the two site inspections, it was established by them beyond doubt that the structures which are ordered to be demolished (except the Mundkarial dwelling of another respondent) did fall in the CRZ area, which also finds support from the Google Earth image that it is amid the dense mangrove,” the order stated.
