National Green Tribunal
Mr. Nigel Francis D Souza vs The Member Secretary, Goa Coastal Zone ... on 19 May, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Appeal No. 34/2018 (WZ)
Nigel Francis D'souza Appellant
Versus
GCZMA & Ors. Respondent(s)
Date of hearing: 19.05.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE M. SATHYANARAYANAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Appellant: Mr. A.D. Bhobe, Advocate and Mr. Apramay Shivade, Advocate
ORDER
1. This appeal has been preferred against order dated 23.02.2018 passed by the Goa Coastal Zone Management Authority (GCZMA) dismissing the complaint of the appellant against illegal constructions by private respondents on the only ground that in a civil suit filed by the appellant there was an order of status quo.
2. We have heard learned Counsel for the Appellant. It is submitted that status quo order in the civil suit filed by the appellant to restrain further illegal construction did not debar the GCZMA from performing its statutory obligation of enforcing the CRZ regulations. Earlier, direction was issued by the GCZMA on 21.07.2015 against any work in the property, after finding illegality on the part of the private respondents. Reference has also been made to the order of the Bombay High Court at Goa dated 25.09.2017 in Writ Petition No. 644/2016, requiring the 1 GCZMA to take a decision in the matter which meant that decision was to be taken on merits. The impugned order is not such a decision.
3. We find merit in the contention that the suit filed by the appellant for injunction against further illegal construction does not debar the GCZMA from examining whether there was any illegal activity in violation of CRZ Notification in existing constructions in view of order of the High Court dated 25.09.2017. The dismissal of the complaint only on the ground that there was order of status quo by the Civil Court is thus patently erroneous. The order does not deal with the merits.
4. Accordingly, we direct GCZMA to revisit the matter, after following due process of law. Needless to say, before any adverse order is passed the private respondents will be heard by the GCZMA.
5. Since no notice appears to be necessary to the respondents, having regard to the nature of the above order, we give liberty to them to move this Tribunal if they are aggrieved by this order.
The application is disposed of.
A copy of this order be forwarded to the GCZMA by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM M. Sathyanarayanan, JM 2 Brijesh Sethi, JM Dr. Nagin Nanda, EM May 19, 2021 Appeal No. 34/2018 (WZ) AVT 3