PANAJI: The high court of Bombay at Goa on Thursday granted permission to Goa State Pollution Control Board (GSPCB) to allow 27 shack owners/operators to dismantle the beach shacks sealed by the board for operating without consent.
“The requests for dismantling…can be accepted. GSPCB is permitted to de-seal these 27 shacks for the express purpose of dismantling the shacks,” a division bench of Justice Mahesh Sonak and Justice Valmiki Menezes observed.
“In no circumstances any operation would be undertaken through these structures.”
The counsel for GSPCB, Pavithran A V, said of the 167 shacks which are closed/sealed, requests have been received from 27 shack operators/owners for dismantlement.
He stated that GSPCB had not been able to process these applications because of the sealing orders issued by the high court.
One of the orders was dated April 5, 2023.
It said that sealing or closure directions will be withdrawn only after the shack owners produce permissions under all relevant legislations including the Panchayat Raj Act and CRZ (Coastal Regulation Zone) notifications.
Advocate Yogesh Nadkarni, who represents the Shack Owners Welfare Society, of which these 27 shack operators/owners are members, said these shack owners/operators/members will dismantle the shacks.
“If GSPCB wishes to impose any conditions for the effective dismantling so that there is no harm to the environment, GSPCB is at liberty to impose such conditions,” the high court said.
Pavithran stated that in case GSPCB receives additional applications for dismantling the shacks, the board should be permitted to allow that. “We see no difficulty in permitting GSPCB to allow the dismantling. For only this purpose, if GSPCB wishes to de-seal the shacks it is at liberty to do so,” the high court observed. “GSPCB should file a compliance report regarding the dismantling of shacks.”