HC seeks explanation from coastal body on its powers

Panaji: High court of Bombay at Goa has allowed three weeks time to Goa Coastal Zone Management Authority (GCZMA) to explain why it is considering a review application after it passed an order for action under Section 5 of the Environment Protection Act.
The division bench comprising Justice N M Jamdar and Prithviraj K Chavan held that the matter relates to a large issue of GCZMA’s powers. This question has arisen in two separate petitions filed by social activist Kashinath J Shetye and others regarding individual structures along Chimbel creek. The petition also involves the question whether to consider any application for review will tantamount to deferring the action of demolition.

Earlier, Shetye and others had filed a complaint regarding the allegedly illegal construction of a bungalow by felling mangroves in property bearing chalta No 12 of PT sheet No 12 at Ribandar. Later, it was converted into a hotel. In a notice dated September 25, 2017, GCZMA directed the hotel owner to shut down his hotel operation with immediate effect. But after the hotelier approached the high court, it had allowed him four weeks time to seek relief from the National Green Tribunal (NGT).

Shetye in his plea before high court pointed out that the tribunal had not granted any stay on it till date, but GCZMA has tried to keep the matter in abeyance to help the respondent after receiving a minister’s call.

Further, he has stated that GCZMA has no powers to review its order but alleged corrupt practice by the body in staying its own order.

In the other case, Shetye and others had complained to GCZMA about an illegal construction in CRZ without its permission. The structure had also been converted partly into a carpentry unit. GCZMA upheld the complaint and issued an order for demolition order in September 26, 2017. This has also been kept in abeyance as in the previous case, the petitioners have alleged before the high court.