NT NETWORK
Panaji
Illegal constructions by hotels in the state are in the spotlight with the National Green Tribunal (NGT) slamming the Goa Coastal Zone Management Authority (GCZMA) for inaction against four starred hotels found guilty of illegal construction and violation of CRZ (coastal regulation zone) notification.
Stating that the hotels in question are still continuing to pollute and violate the CRZ notification in conspiracy with state authority, the NGT, in a scathing judgment on October 7, has said that the GCZMA could be held liable for damages due to malicious abuse of power, deliberate maladministration and perhaps also other unlawful acts causing damage.
With complaints of illegal construction and violation filed against four hotels in the state, the NGT order fined GCZMA Rs 25,000 per hotel and gave it time until November 3, the date of the next hearing, to file a reply.
The NGT has also asked for the case to be transferred from its western zone bench (WZB), Pune, to the principal bench of the Tribunal in New Delhi. The case is one of the oldest cases with the Pune bench and the NGT has called for an inquiry to find out why the case is pending for so long and not listed for hearing since 2016.
As per the case filed with the NGT in 2015, the Goa Paryavaran Savrakshan Sangharsh Samiti had complained against hotels – Kenilworth Resort & Spa, Park Hyatt, Planet Hollywood Beach Resort and Royal Orchid over illegal construction and violation of CRZ.
Following the complaint, the NGT had asked GCZMA to conduct an inquiry and fix responsibility. The GCZMA was also asked to remove the illegal constructions within a time frame which it failed to do.
Observing the lack of action by GCZMA, the NGT, in its order said, “When the law protector becomes the law violator, how law will be protected. The basic principle of rule of law is to follow rule/ law and not to break or violate it. For the negligence of those to whom public duties have
been entrusted can never be allowed to cause public mischief. Public servants, if committing wrong in discharge of statutory functions and later on if it was found not be in accordance with law within the knowledge of the officer concerned, then it cannot be said to be the work and duty within the definition of the state act.”
The order was uploaded on the website of the WZB on Monday. It says that by continuously delaying the filing of reply, GCZMA is indirectly helping the illegal construction. “This (delay) has become the business of GCZMA. In so many cases, we see that old cases are pending and no action is being taken and reply is not being filed. This is highly objectionable and in violation of CRZ rules,” says the order.
