Panaji: National Green Tribunal (NGT) has disposed of an appeal seeking demolition of illegal structures of four beach resorts on technical ground for not making the application within the period of limitation.

A bench headed by Adarsh Kumar Goel observed that the applicant did not mention the date on which cause of action first arose in the present cases which is required to hold that the applications are within limitation.

As per Section 15(3) of the NGT Act, 2010, tribunal can entertain an application within five years from date on which cause of action first arose.

“In absence of clear averments on the point, it is difficult to hold that the applications are within limitation. At the same time, CRZ Regulations are required to be duly complied and there is no limitation for the action by the GCZMA”, the bench said.

The observation came when court was hearing a plea seeking direction to remove all illegal constructions done by four beach resorts.

It observed that even if an issue is beyond limitation before this tribunal it may bar a remedy before this tribunal but not the substantive rights and obligations. Thus, other fora can be approached, if a party is so advised.

“In view of above, while leaving the GCZMA’s obligations under the law and remedies of the applicants unaffected, we dispose of these applications with a direction that a copy of this order be forwarded to the GCZMA for taking such further action as may be found necessary, after following due process of law,” the bench said.