Can’t order demolition of pre-’91 structures near turtle site: NGT

PANAJI: In a case dating to 2019 regarding an ‘illegal’ structure close to the turtle nesting site in Morjim, the National Green Tribunal has said that demolition can only be ordered if a structure was constructed after 1991 or is located within the no development zone of CRZ.
In July 2019, the Goa Coastal Zone Management Authority (GCZMA) issued a demolition order against the ‘illegal’ structures owned by a guest house on the Morjim coast in Pernem taluka. The NGT has now asked the GCZMA to reconsider the case even though the area is close to the ecologically sensitive turtle nesting site.
The guest house owner had approached the NGT against the GCZMA’s demolition order. The alleged violator said that the GCZMA had ordered the demolition citing the tribunal’s order on turtle nesting sites. The guesthouse owner said that the order was wrongly applied in his case.
The NGT disposed of the matter permitting the guesthouse owner to move the GCZMA within one month for a review of the case.
“We note that the area in question is sensitive being close to turtle nesting sites, but the demolition is permissible only if the construction is post February 19, 1991, and in no development zone. Needless to say that the GCZMA must follow due process of law before passing an order in the matter. GCZMA may finalise the matter as far as possible within three months,” the GCZMA stated in its order.
The NGT said that it must be examined in the case by GCZMA whether the structure ordered to be demolished was existing prior to the 1991 CRZ notification and whether it stands within the no development zone.
“No finding appears to have been recorded about the impugned constructions being post-1991 and within NDZ. The impugned order cannot thus be allowed to attain finality without further consideration,” the NGT said.
The tribunal said that the GCZMA has the liberty to move the NGT if it is aggrieved by the order.