Panaji: The National Green Tribunal (NGT) has upheld the 2016 demolition order of Goa Coastal Zone Management Authority (GCZMA) against illegal structures of Mackie’s Saturday Night Market at Arpora in no-development zone area.
While dismissing the appeal, the four-member NGT bench headed by its chairperson Adarsh Kumar Goel noted that the impugned order of GCZMA was in reference to 2016 HC order for demolition of all temporary structures/private shacks in CRZ areas.
The authority in 2016 had issued show cause notice to Mackie’s Saturday Night Market at Arpora for operating in a no-development zone (NDZ) in violation of the Coastal Regulation Zone (CRZ) notification.
GCZMA had observed that the Saturday night market, run by Joseph Pereira, has illegally constructed temporary huts, stalls and permanent structures including office, dance floor, toilets, deck, and concrete structure within 50 metres from the creek of Arpora village, without approval of GCZMA and in violation of CRZ notification.
Subsequently the authority issued a demolition order based on the expert members’ inspection report which stated that the area was part of Baga creek covered with mangroves and was influenced by tidal waves. It said the Google maps has indicated that the development was carried out after 2003 much after the CRZ notification came into existence in the year 1991.
However, the owner filed an appeal with the tribunal stating that there is no material for holding that the construction is covered by the CRZ notification and the construction existed prior to 1991 based on the sketch map of village panchayat.
The NGT after hearing the arguments observed that the appellant has failed to produce any document in support of the contention that the construction existed prior to 1991 and also the document of the panchayat in absence of any supporting document from competent authority could not be the basis for accepting the construction existed prior to 1991.
“We are unable to accept the contention that the report of the collector or the expert member should not have been accepted and panchayat certificate that construction existed should have been accepted. We do not find any ground to interfere with the impugned order,” the tribunal
said.
