Kashinath Jairam Shetye And 8 Ors vs The State Of Goa, Thr. The Chief ... on 12 August, 2024

[Cites 4, Cited by 0]

Bombay High Court

Kashinath Jairam Shetye And 8 Ors vs The State Of Goa, Thr. The Chief ... on 12 August, 2024

1. This Public Interest Litigation complains of the inaction of the Respondents in stopping the destruction of and inaction in preserving Page 1 of 15 12th August, 2024 PILWP 39-2018 the Mangrove Forests and Khazan Lands in the areas adjoining and contiguous to the National Highway-66 commencing at the Panaji Bus Station till the Highway slopes upwards to Bambolim/Goa Medical College.

The petition alleges that the Authorities have either permitted development within the aforementioned area or have refused to act in terms of the Environment Protection Act, Town and Country Planning Act, Goa Land Revenue Code and other statutes and Regulations under these statutes which charge these Authorities with the duty of prohibiting or regulating any activity and development in such zones.

2. The Petitioners have averred that several holdings of land within this area, which according to them cover land under Survey No. 36, 37, 38, 39, 40, 41, 42, 81, 89, 91 and 92 of village Morombi-O-Grande, are declared as Mangroves or Khazan lands, both under the CRZ Notification 1991 or under the Regional Plan 2021(R.P. 2021), consequent to which these areas are declared as No Development Zone (NDZ); thus, no development or any activity which interferes with the Mangrove Forests or Khazan Lands is permissible in these areas. They relied upon the Regional Plan 2021 (RP 2021) for that area designating these lands as Mangroves, along with Google map images and photographs showing large scale degradation and destruction of the Mangroves and Khazan Lands in the area in question. Along with the Petition are also annexed photographs showing activities wherein development in the form of construction of roads by filling up of these lands is depicted.

3. Ongoing through the material on record, this Court felt the need Page 2 of 15 12th August, 2024 PILWP 39-2018 of assistance through an Amicus Curiae and accordingly, Advocate Shri. Nigel da Costa Frias was appointed by our order dated 18.06.2024. With the assistance of the learned Amicus Curiae and the learned Additional Government Advocate who have placed additional material on record which include photographs and maps, we have concluded that the scope of this Petition would require to be expanded to cover an area beyond the survey numbers originally envisaged.

4. If one traverses along the National Highway 66 from the Panaji Bus Station towards the Bambolim village, the stretch of roughly 6 kms. on either side of the highway has Mangrove Forests, Khazan Lands, Salt Pans and Paddy Fields existing therein. Along this highway, what is immediately visible is a part of a Mangrove Forest which has been completely destroyed, existing on the East of the highway immediately after the Merces intersection, photographs of which are placed on record. We have reproduced one of these photographs hereinbelow.

Page 3 of 15

12th August, 2024 PILWP 39-2018 There is also evidence of large scale construction and filling up of these lands, to create access roads in the form of bunds, on either side of this highway, within the Mangrove Forests and Khazan Lands.

5. The Forest (Conservation) Act 1980 was enacted with a view to check deforestation and to preserve forests, since destruction of forests in India ultimately result in ecological imbalance. Under this Act, Mangrove Forests are covered and are also subject to preservation/conservation.

The Environment (Protection) Act, 1986 defines "Environment" which includes water, air and land and the interrelationship which exists among and between water, air and land, and human beings and other living creatures, plants, microorganisms and property. The Goa Coastal Zone Management Authority has been empowered under this Act to preserve the environment, and more so in the coastal and riverine areas of the State, where Mangroves and Khazan Lands form an integral part of the ecosystem. The Coastal Regulation Zone (CRZ) Notification for Goa specifies that for the purpose of conserving and protecting coastal areas and marine waters, the areas falling within the zone CRZ-I are declared as No Development Zone, being ecologically sensitive and require maintenance of the integrity of these areas. Mangroves including a buffer zone of 50 metres along these Mangroves and areas influenced by tidal action known as Khazan Lands including their bunds and sluice gates are notified as CRZ-I zones. For that purpose, the Coastal Zone Management Plan 2011 was prepared and finally notified in the year 2022, declaring Mangroves and Khazan Lands in terms of the aforementioned Page 4 of 15 12th August, 2024 PILWP 39-2018 Notification as NDZ.

6. This Court in Bombay Environmental Action Group vs. State of Maharashtra reported in 2018 SCC OnLine Bom 2680, has held that Mangroves in private lands are protected under the Environment Protection Act as also covered under the Forest (Conservation) Act, 1980. It was further emphasized therein the urgent need to carry out Mangrove studies and mapping using high resolution satellite data and to effect total freeze on the destruction and cutting of Mangroves as also to stop all construction and dumping of rubble and garbage in these Mangrove areas. The judgment further emphasizes that regardless of ownership of the land, all construction taking place within 50 metres of all sides of Mangroves shall forthwith be stopped and no development permissions whatsoever shall be issued by any authority, in that case, in the State of Maharashtra, with respect to any area under Mangroves. Further, the directions of this Court in that case were issued to the Municipal Corporation not to entertain any application for development in respect of areas covered by Mangrove Forests.

7. On a perusal of the Regional Plan 2021 for Goa, prepared under the provisions of the Goa Town and Country Planning Act, 1974, for the villages of Murda, Morombi-o-Pequeno, Renavadi and Morombi-o- Grande which together comprise the area under the jurisdiction of the Village Panchayat of Merces, the following survey numbers are designated as Mangrove Forests/Khazan Lands/Salt Pans:

MANGROVE FORESTS i. MURDA Page 5 of 15 12th August, 2024 PILWP 39-2018 Survey Nos. 87, 88, 89, 90, 92, 93, 98, 99, 100, 101, 103, 104, 105, 106, 107, 109, 110, 112, 113, 114, 121, 122, 123, 124, 125.

ii. MOROMBI-O-PEQUENO Survey Nos. 46, 47, 48, 49, 50, 53, 55, 57, 59, 61, 62, 63, 64, 66, 67, 68, 69, 70, 71, 75, 76, 78, 81, 83, 84, 87, 93, 99, 104, 109, 110, 115, 116, 117, 118, 119, 120, 121, 127, 128, 129, 130, 131, 132, 133, 137, 138, 139.

iii. RENAVADI Survey Nos. 4, 25, 26.

iv. MOROMBI-O-GRANDE Survey Nos. 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 58, 61, 63, 67, 68, 69, 71, 74, 75, 76, 79, 86, 92, 112, 113, 114, 116, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128,129, 130, 131, 133, 134, 135, 140, 141, 143, 144, 145, 146, 147, 179, 180, 181, 264, 265, 266, 267, 268, 269, 270, 286, 287, 288. KHAZAN LANDS i. MURDA Survey Nos. 72, 73, 74, 75, 77, 78, 87, 88, 89, 90, 92, 93. ii. MOROMBI-O-PEQUENO Survey Nos. 66, 67, 68, 75, 76, 78, 79, 80, 82, 84, 100, 101, 102, 104, 106, 107, 111, 112, 113, 114, 115, 119, 120. iii. RENAVADI Page 6 of 15 12th August, 2024 PILWP 39-2018 [None].

iv. MOROMBI-O-GRANDE Survey Nos. 137, 138, 161, 162, 172, 173, 174, 175, 176, 177, 178, 182, 183, 184, 185, 193, 194, 290. SALT PANS i. MURDA Survey Nos. 94, 95, 96, 97.

ii. MOROMBI-O-PEQUENO Survey Nos. 51, 56, 58, 60, 65, 73, 77, 84, 85, 86, 87, 89, 90, 91, 92, 94, 96, 98, 103, 105, 108. iii. RENAVADI [None].

iv. MOROMBI-O-GRANDE Survey Nos. 59, 77, 83, 84, 85, 86, 90, 93.

8. In the Coastal Zone Management Plan 2011 (CZMP 2011) for Goa notified on 06.09.2022 under the provisions of Section 5 of the Environment Protection Act 1986, for the above villages, the following survey numbers have been designated as Mangrove Forests, Khazan Lands and Salt Pans:

i. MURDA

a) MANGROVE FORESTS Page 7 of 15 12th August, 2024 PILWP 39-2018 Survey Nos. 87, 88, 89, 90, 92, 93, 98, 99, 100, 101, 103, 104, 105, 106, 107, 109, 110, 112, 113, 114, 121, 122, 123, 124, 125.

b) KHAZAN LANDS Survey Nos. 72, 73, 74, 75, 77, 78, 87, 88, 89, 90, 92,

93.

c) SALT PANS Survey Nos. 94, 95, 96, 97.

ii. MOROMBI-O-PEQUENO

a) MANGROVE FORESTS Survey Nos. 46, 47, 48, 49, 50, 53, 55, 57, 59, 61, 62, 63, 64, 66, 67, 68, 69, 70, 71, 75, 76, 78, 81, 83, 84, 87, 93, 99, 104, 109, 110, 115, 116, 117, 118, 119, 120, 121, 127, 128, 129, 130, 131, 132, 133, 137, 138, 139.

b) KHAZAN LANDS Survey Nos. 66, 67, 68, 75, 76, 78, 79, 80, 82, 84, 100, 101, 102, 104, 106, 107, 111, 112, 113, 114, 115, 119, 120.

c) SALT PANS Survey Nos. 51, 56, 58, 60, 65, 73, 77, 84, 85, 86, 87, 89, 90, 91, 92, 94, 96, 98, 103, 105, 108.

Page 8 of 15

12th August, 2024 PILWP 39-2018 iii. RENAVADI

a) MANGROVE FORESTS Survey Nos. 4, 25, 26.


             b) KHAZAN LANDS

                 Survey Nos. [None]

             c) SALT PANS

                 Survey Nos. [None]


     iv.    MOROMBI-O-GRANDE

             a) MANGROVE FORESTS

Survey Nos. 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 58, 61, 63, 67, 68, 69, 71, 74, 75, 76, 79, 86, 92, 112, 113, 114, 116, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128,129, 130, 131, 133, 134, 135, 140, 141, 143, 144, 145, 146, 147, 179, 180, 181, 264, 265, 266, 267, 268, 269, 270, 286, 287, 288.

b) KHAZAN LANDS Survey Nos. 137, 138, 161, 162, 172, 173, 174, 175, 176, 177, 178, 182, 183, 184, 185, 193, 194, 290.

c) SALT PANS Survey Nos. 59, 77, 83, 84, 85, 86, 90, 93.

9. From the above data, the survey numbers that according to us, Page 9 of 15 12th August, 2024 PILWP 39-2018 are covered presently by the scope of this petition shall be:

i. (Mangroves) - Survey Nos. 4, 25, 26, 45, 46, 46, 47, 47, 48, 48, 49, 49, 50, 50, 51, 52, 53, 53, 54, 55, 55, 56, 57, 58, 59, 61, 61, 62, 63, 63, 64, 66, 67, 67, 68, 68, 69, 69, 70, 71, 71, 74, 75, 75, 76, 76, 78, 79, 81, 83, 84, 86, 87, 88, 89, 90, 92, 92, 93, 93, 98, 99, 99, 100, 101, 103, 104, 104, 105, 106, 107, 109, 109, 110, 110, 112, 112, 113, 113, 114, 114, 115, 115, 116, 116, 117, 118, 118, 119, 119, 120, 120, 121, 121, 121, 122, 122, 123, 123, 124, 124, 125, 125, 126, 127, 127, 128, 128, 129, 129, 130, 130, 131, 131, 132, 133, 133, 134, 135, 137, 138, 139, 140, 141, 143, 144, 145, 146, 147, 179, 180, 181, 264, 265, 266, 267, 268, 269, 270, 286, 287, 288. ii. (Khazans) - Survey Nos. 66, 67, 68, 72, 73, 74, 75, 75, 76, 77, 78, 78, 79, 80, 82, 84, 87, 88, 89, 90, 92, 93, 100, 101, 102, 104, 106, 107, 111, 112, 113, 114, 115, 119, 120, 137, 138, 161, 162, 172, 173, 174, 175, 176, 177, 178, 182, 183, 184, 185, 193, 194, 290.

iii. (Salt Pans) - Survey Nos. 51, 56, 58, 59, 60, 65, 73, 77, 77, 83, 84, 84, 85, 85, 86, 86, 87, 89, 90, 90, 91, 92, 93, 94, 94, 95, 96, 96, 97, 98, 103, 105, 108.

10. Perusing the data available on the Regional Plan for Goa, the survey plans prepared by DSLR and the CZMP with respect to the area we are concerned with, the photographs which are on record and the averments made in the petition, we are of the considered opinion that there is a large scale degradation and destruction of Mangrove Forests, Page 10 of 15 12th August, 2024 PILWP 39-2018 Khazan Lands, Salt Pans and Paddy Fields in the area referred to above requiring our urgent intervention to preserve and protect the Mangroves and Khazan Lands existing therein and where required to rejuvenate and restore these areas to their original form.

11. For all the reasons cited above, we are of the opinion that there is an urgent need for constituting a task force for carrying out surveys and suggesting measures in the terms of reference stated below.

The task force shall comprise of the following persons:

i. Director (Environment) and Member Secretary, Goa Coastal Zone Management Authority (GCZMA). ii. Two expert members of GCZMA, preferably with core expertise in management and restoration of Mangroves/Khazan Lands.

iii. Two expert members from Goa Biodiversity Board, preferably with expertise in restoration of Mangrove/Khazan areas.

iv. One scientist from Goa State Pollution Control Board (GSPCB).

v. A representative of the Directorate of Settlement and Land Records (DSLR) of at least the level of Deputy Director.

vi. A representative of the Forest Department, of the level of a Deputy Conservator of Forests.

vii. The Deputy Collector and Sub-Divisional Officer, Tiswadi Taluka.

viii. Deputy Town Planner, Tiswadi Taluka.

ix. Administrator of Communidades, Central Zone.

x. Executive Engineer nominated by the Chief Engineer, Page 11 of 15 12th August, 2024 PILWP 39-2018 Water Resources Department (WRD).

xi. Deputy Director of Panchayats, North Goa.

xii. One nominee of the Member Secretary, North Goa Planning and Development Authority (NGPDA).

xiii. The Director (Environment) and Member Secretary, Goa Coastal Zone Management Authority (GCZMA) shall act as the Nodal Officer of the Task Force.

12. The task force shall engage surveyors and such other technical manpower as may be required and conduct a detailed survey/mapping of the lands specified in para 7 above; the survey/mapping shall delineate and identify the extent of Mangrove Forests or Khazan and/or Salt Pans/Paddy Fields that may be found existing in these lands. Where Mangrove Forests have been destroyed or denuded, the task force shall demarcate these areas with their extent on a map. We clarify that, in carrying out their survey, the Task Force shall not be restricted to the survey numbers specified herein, and it shall endeavor to plot and survey every existing Mangrove or Khazan as may be physically found at site.

13. The Task Force shall simultaneously plot the various natural features including Mangroves/Khazans/Bunds and the like on the map with GPS coordinates for proper identification of these areas for further preservation or restoration, where required. The Task Force shall also demarcate such structures, which may exist in these lands, with sufficient description of such structures, whether temporary or permanent, and the use to which these structures have been put. If house numbers and/or construction licences are issued for the construction of these structures, either by the Village Panchayat/Town Page 12 of 15 12th August, 2024 PILWP 39-2018 and Country Planning Department/NGPDA/GCZMA, and for conversion of any of these lands to non-agricultural purpose, details of the same along with the names, addresses and details of the occupants, shall be made part of the report. Where there is no licence or approval for these structures, and no conversion under the Goa Land Revenue Code, note shall be made of this fact. Where low lying areas of these lands have been filled or in any manner been modified from their original status, either in contravention of the provisions of the Goa Town and Country Planning Act/Regulations or under the Environment Protection Act, details of such filling, excavation or change of nature shall be specified.

14. Where a land is prone to tidal action, the High Tide Line (HTL) shall be specified both in terms of the CZMP 2011 as well as under the draft CZMP 2019; the Task Force shall make use of Google mapping, and superimpose Google maps of these areas commencing from 2010, for every five years, to depict the changes that may be observed over this period in a particular area. The 50 metre buffer line from the edge of the Mangrove/Khazan shall also be depicted on the map. Photographs showing all the features of the concerned land including damage sustained thereon with coordinates of the area shown in the photographs shall be taken and made part of the report.

15. The Task Force shall specify in its report the immediate intervention required for the preservation of the Mangroves and Khazans in these lands as well as the long-term preservation measures and remedial measures that would be suggested; they shall prepare an estimate of the cost towards the implementation of such measures and Page 13 of 15 12th August, 2024 PILWP 39-2018 where there is environmental damage, and restoration is required, the environmental damages/costs to be imposed/recovered from the occupants of the land.

16. The Task Force shall submit to this Court an interim report of the completed surveys/mapping every three weeks, and a final report on completion of the entire mapping/survey in the terms of reference specified above. The Task Force shall, when submitting its reports, prepare in tabular form, for each sub-division or entire survey number, at its discretion, specifying therein the structures existing, nature of such structures, name of the occupant, coordinates and such other details as it feels are necessary to assist this Court at passing further orders.

We request the Task Force to commence their survey/mapping operation in the area depicted in the photograph at para 4 above, since these Mangrove Forests appear to require urgent address, both in terms of the level of depletion/destruction and the immediate restoration that may be required to be undertaken.

17. Until further orders, the concerned Village Panchayat, Town and Country Planning Department, NGPDA, GCZMA, GSPCB shall not issue fresh approvals/licences/NOCs for any construction of whatsoever nature within the lands specified in paragraph 2 above; if such licences have been already granted, this Court shall immediately be notified of the same by these authorities, to enable the Court to pass further orders. If any construction is found ongoing in these lands, the same shall be immediately stopped and the occupant/persons indulging in these constructions shall be notified by the Task Force and Page 14 of 15 12th August, 2024 PILWP 39-2018 concerned Village Panchayat/Town Planner to stop the work. Such construction shall proceed only after leave of this Court has been sought, and not otherwise.

18. Let the matter be listed for further orders on 09.09.2024.

                                   VALMIKI MENEZES, J.                               M. S. KARNIK, J.




                                                                Page 15 of 15
Signed by: JOSE FRANCISCO
                                                               12th August, 2024
DSOUZA
Designation: Personal Assistant
Date: 13/08/2024 15:28:44

Unlock Advanced Research with PRISMAI

Bombay High Court