NGT slams GCZMA for ‘selective’ action over CRZ norm violations

NT NETWORK

Panaji

The National Green Tribunal (NGT) has slammed the Goa Coastal Zone Management Authority (GCZMA) for a selective action over CRZ norms violations, stating the mechanism for monitoring CRZ norms violation is not in place.

The bench comprising Justices Adarsh Kumar Goel, Sudhir Agarwal, M Sathyanarayanan, Brijesh Sethi and expert member Dr Nagin Nanda said that inventory of every structure in violation of CRZ norms should be prepared on an independent annual survey and must be updated periodically to avoid selective action against the violations of the CRZ.

The green panel said that GCZMA appears to be working only on the basis of complaints against illegal structures and large number of illegal structures continue to exist, inspite of directions of the High Court.

Upon finding poor mechanism to check CRZ norms violation, the court asked GCZMA to set up an effective monitoring mechanism to advance the rule of law.

This direction came while hearing an application filed by Michael Fernandes, to save his Mickey’s Bar and Restaurant from demolition, which was allegedly constructed in no development zone of Betalbatim village, without obtaining permission from the GCZMA.

The court dismissed the appeal stating there is no error in the view taken in the impugned order.

The GCZMA during its 202nd meeting held in May 2019 noted that Michael Fernandes has failed to prove that all structures in Survey No 96/1 of Betalbatim village are legal. Also, the respondent did not produce any approved plan for the structures, or any subsequent approvals obtained from any departments for the construction, extensions/alteration of the structures.

It was also noted by the authority that there was no structure existing in the property bearing survey no 96/1 of Betalbatim village prior to 1991. The authority then issued demolition order in July 2019.

In pursuance of High court direction against all structures in CRZ norms violation across state, the GCZMA initiated action and constituted an Inquiry Committee in April 2015. The Inquiry Committee found the constructions in question to be illegal.

The main contention of the appellant was that “there is no prohibition against reconstruction of an existed authorized structure, not exceeding the permissible Floor Space Index (FSI).” 

He relied on the certificate dated January,1 2016 bearing no 501 issued by NIZ Ramponkarancho Ekvott, Benaulim and the caste certificate dated December 18, 2016 under no 140/2016.

The court observed that “there is nothing to show that previously any authorized structure existed.”

“All the documents relied upon have been found to be post-1991. In the survey plan prepared in 2014 no structure was found in existence. In the sale deed of 1992 and 2010 in respect of the property in question, no structure was mentioned. Documents relating to temporary structure were not from any authorized authority but by village panchayat,” the court said while dismissing the appeal.