National Green Tribunal
Gregorio Judy Fernandes Alias Bruno ... vs Goa Coastal Zone Management Authority on 24 March, 2022
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. 12/2022(WZ)
IA No. 26/2022 & IA no. 27/2022
Gregorio Judy Fernandes Alias Bruno Fernandes Appellant
Versus
The Goa Coastal Zone & Anr. Respondent(s)
Date of hearing: 24.03.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Appellant: Mr. Byron Rodrigues, Advocate
ORDER
[
1. This appeal has been preferred under Section 16 of the NGT Act, 2010, against the order dated 24.12.2021 passed by the Goa Coastal Zone Management Authority (GCZMA) against which review application was dismissed on 13.01.2022 by the GCZMA.
2. Order dated 24.12.2021 directs demolition of the structures in the 'No Development Zone' (NDZ) as per Coastal Regulation Zone (CRZ) Notification, 2011. The operative part of the order is reproduced below:
"xxx .....................................xxx.......................................xxx AND WHEREAS, upon close perusal of the complaint letter dated 27/09/2019 from Mr. Churchill Alemao and report of the Expert Members and the plan drawn by the ISLR, the following alleged illegal activity resulting in blatant and serious violation of CRZ 1 Notification 2011 is noticed. The details of the violations are indicated here below:-
Sr. Name of the Party/alleged Survey No. Type of Construction Distance No. violator /Village from HTL
1. M/s Velorians by the River, 47/23 Illegal Structure on Within through Varca north-western NDZ of
1. Shri Gregorio Judy Fernandes corner touching river Sal; alias Bruno Fernandes. river bank. (within
2. Caetana Juliana Fernandes Mangrove buffer alias Julana Fernandes. area)
3. Duarte Santana Camilo Illegal construction Rebelo. of toilet and soak
4. Perpetua Sandra Barreto. pit. (within
5. Maria Angela Benedicta Mangrove buffer Caldeira. area).
6. Benigna Chagas Livramento Illegal pump house.
Dias Diniz. Illegal swimming
pool.
Illegal structure to
south of pump
house.
Illegal buffet Hall.
Illegal restaurant.
Illegal Labour hut
structure on south-
western corner.
Illegal construction
of Shed adjoining
labour hut.
Illegal DG set
enclosure.
Illegal dance floor
with concrete base.
Illegal stage/band
stand.
Illegally
constructed couple
sit out.
Illegal construction
of concrete
walkways.
Illegal construction
of Bar counter
structure on north
eastern side next
to internal drain.
48/1 Illegal construction Within
Varca of structure with NDZ of
balcony. river Sal;
Illegal construction
of part of G+1
structure at
eastern end.
48/2 Illegal construction Within
Varca of Security Cabin NDZ of
river Sal;
48/6 Illegal construction Within
Varca of eight wooden NDZ of
sheds / cottages. river Sal;
Illegal construction
of Swimming pool
(under
construction)
Illegal construction
2
of Restaurant shed
(partly encroached
into riverine area)
48/7 Illegal construction Within
Varca of structure with NDZ of
balcony river Sal;
Illegal construction
of part of G+1
structure at
eastern end.
Illegally filling the
properties bearing
Sy. No. 47/23;
48/1 and 48/7
with mud / earth
and above
development /
structure erected
thereon
AND WHEREAS, as per the CRZ Notification, 2011; the entire belt of 100 mts. from the High Tide Line (HTL) of river and 200mts. from the HTL from the sea is designated; as the No Development Zone(NDZ) and hence no construction/development whatsoever are permissible in the said belt;
AND WHEREAS, all proposed `re-construction/ construction/ development/ repair' between 200 mts. to 500 mts. of the High Tide Line(HTL) from Sea and 100 mts. from the River, and those permissible activities, require the prior approval of the GCZMA under the CRZ Notification, 2011.
WHEREAS, the alleged illegal construction is highly detrimental to the Coastal ecosystem / riverine ecosystem. Further it is observed that you have not obtained any prior approval of the GCZMA for the purpose of alleged construction as required under the CRZ Notification 1991/2011.
NOW THEREFORE, in exercise of the powers conferred by section 3 of the Environment (Protection) Act, 1986 read with sub-rule (3) (a) of rule 4 of the Environment (Protection) Rules, 1986, delegated to the GCZMA, the GCZMA hereby directs you STOP WORK and OPERATION OF COMMERCIAL ACTIVITIES IN THE ABOVE MENTIONED SURVEY NUMBERS AND SHOW CAUSE as to why a direction to demolish the structures and to restore the land to its original condition should not be issued to you. Further, you are directed to ensure that no civil work of whatsoever kind and nature is carried out at said site.
FURTHER TAKE NOTE THAT, you are required to file your reply along with compliance report and produce construction/ reconstruction/repair licence/approvals, if any, issued by the concerned Authorities including GCZMA along with approved, plan, as also documents to show the title to the Office of the GCZMA, having its Office at 4th Floor, Dempo Towers, Patto, Panaji Goa on or before 05/02/2021 and remain present for the personal hearing on 11/02/2021 at the 04th Floor, Conference Hall, Dempo Towers, Patto, Panaji, Goa at 3.30 p.m. onwards. Take note that if you fail to submit your reply along with the required documents, the 3 GCZMA will come to the conclusion that you have no justification to carry out its activities as above stated and the Authority shall proceed to issue final directions to you in this regard without any further notice which inter alia includes order of demolition of structures, disconnection of water/power supply etc."
3. Learned Counsel for the appellant fairly stated that a part of the structure is within the NDZ, within the prohibited distance from the river and the appellant has no objection to its demolition to that extent. However, the remaining part is beyond the CRZ line. Demarcation needs to be done based on the CZMP. The appellant has filed a plan, prepared by the appellant itself which is not an authorized plan.
4. We find it difficult to accept the stand of the appellant. The impugned order shows that the constructions in question are within NDZ, being within 100 meters from the River Sal. The finding in the impugned order is based on site inspection carried out on 24.01.2020. The impugned order also refers to map prepared by ISLR. In its reply to the show cause notice, only plea taken by the appellant is that the property in question is substantially within less than 100 meters and abuts the River Sal. According to the private surveyor hired by the appellant, part of survey no. 47/23 is within NDZ which has already been demolished. Toilet block is also within NDZ which has been demolished. Swimming pool has been filled. Further demolition should be after due verification. In objections to the inspection report dated 29.07.2021, the appellant has stated that width of the river is 35 meters at some places and 60 meters at other places. On that basis, some structures are beyond CRZ line.
5. Thus, the appellant has not made out a case to show that the structures in question are beyond NDZ.
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6. However, by way of precaution, we give an opportunity to the appellant to file a clear statement about the structures which, according to the appellant, are beyond the NDZ with the GCZMA within 15 days, indicating the basis for such claim. The GCZMA may verify the same with the assistance of National Centre for Sustainable Coastal Management (NCSCM), Chennai at the cost of the Project Proponent. This exercise may be completed within two months. Further action may be taken based on the report of the NCSCM, Chennai and fresh order passed in the light thereof. The appellant may demolish such of the structures which appellant admits to be within NDZ. Till this exercise is carried out, the disputed part of the structure may not be demolished. The impugned order is modified accordingly. It will be open to the appellant to take remedies against the fresh order which may be passed.
The appeal is disposed of accordingly.
All pending IAs will also stand disposed of.
Since the above order is being passed without notice to the GCZMA, if the GCZMA is aggrieved, it is at liberty to move this Tribunal.
A copy of this order be forwarded to GCZMA by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM 5 Dr. Vijay Kulkarni, EM Dr. Afroz Ahmad, EM March 24, 2022 Appeal No. 12/2022(WZ) IA No. 26/2022 & IA no. 27/2022 DV 6