National Green Tribunal
Mr. Kashinath Jairam Shetye vs The Chief Secretary State Of Goa on 12 May, 2017
BEFORE THE NATIONAL GREEN TRIBUNAL, WESTERN ZONE
BENCH, PUNE
Original Application No. 65/2017 (WZ)
In the matter of :-
Kashinath Shetye & Ors. Vrs. Chief Secretary, State of Goa & Ors.
CORAM : HON'BLE MR. U.D. SALVI, JUDICIAL MEMBER
HON'BLE MR. RANJAN CHATTERJEE, EXPERT MEMBER
Present: Applicant/Appellant : Mr. Kashinath Shetye in person.
Respondent No. 1 to 5, 7 : Mrs. Fawia M. Mesquita, Adv.
to 11
Date and
Orders of the Tribunal
Remarks
Item No. 6
12th May, 2017 Heard. Perused record.
Order No.2
The present Application has been moved for staying the
commercial activity and for stopping the food festival organized without
permission from the GCZMA in CRZ-II area-D.P. Bandodkar Ground,
Campal, Panaji-Goa.
At the time of admission of this Application, we had directed the
authorities-Respondent Nos.1 to 5 and 7 to 11 to enforce the effect of
revocation of the permission granted to the festival "The Grape
Escaped 2017" till the GCZMA holds meeting and take appropriate
decision in the matter vide order dated 27th April, 2017.
Today learned counsel appearing on behalf of Respondent
Nos.1 to 5, including Respondent No.2-GCZMA placed before us
extract of the Minutes of the 148th Meeting of the GCZMA held on 3rd
May 2017 and the NOC, dated 19th April 2017 issued to the GTDC for
conducting the said event at D.B. Bandodkar Ground, Campal, Panaji.
The Member Secretary of the GCZMA informed the Members of the
authority that the said NOC was revoked on the same day and that the
Respondent No.2-GCZMA had received letter dated 26th April 2017
from GTDC informing the authority of the following facts :
1. The event is being organised on D.B. Ground, Campal,
Item No. 6 which falls in CRZ-II within Panaji Municipal Limits.
12th May, 2017
2. The entire event and structures does not fall within No
Order No.2
Development Zone of the CRZ as the temporary structure
are being erected well towards the landward side of
authorised structures, e.g. Kala Academy, Old Light House
etc.
3. There is no erection or construction of any permanent
structures and stalls will be dismantled after festival without
causing any damage to the environment.
The extract of the minutes further reveals that the inspection of
the site was conducted by Dr. Prabhakar Shirodkar, Expert Member
and Technical Officer, GCZMA on 29th April 2017 and it thus brought to
light the following facts :
"The location of the festival is the old D.B. Bandodkar
football ground which was in existence prior to 1991 and
subsequently demolished in 2004, some remnants of the old
football stadium can still be seen perimeter of the said plot and
the Kala Academy as well as light house are beyond the said
site in CRZ II area of Corporation of City of Panaji. Further all
structures are temporary in nature and that the entire set up for
'Grape Escapade' was towards the landward side of the
authorised existing structures namely Kala Academy and the
compound wall of Kala Academy existing well beyond the inner
side of River Mandovi."
The Authority, thereafter, appears to have taken a decision that
the question of taking permission or NOC of GCZMA for areas falling
within CRZ-II does not arise and therefore the permission of GCZMA
for the event is/was not required and as such the revocation of the
permission issued would have no effect. Admittedly, the area in
question is CRZ-II area and apparently does not involve No
Development Zone.
Justifying the GCZMA's decision, the learned counsel appearing
on behalf of GCZMA submits that Coastal Regulation Zone
Notification, 2011 gives the list of regulated/permissible activities at
Item No. 6 para 4 of the Notification which is quoted hereunder :
12th May, 2017
Order No.2 4. Regulation of permissible activities in CRZ area.
The following activities shall be regulated except those
prohibited in para 3 above.
(i) (a) clearance shall be given for any activity within the
CRZ only if it requires waterfront and foreshore facilities;
(b) for those Projects, which are listed under this
Notification and also attract EIA Notification, 2006 (S.O.
1533) (E) dated the 14th September, 2006) for such
Projects clearance under EIA Notification only shall be
required subject to being recommended by the
concerned State or Union Territory Coastal Zone
Management Authority (hereinafter referred to as the
CZMA).
(c) Housing Schemes in CRZ as specified in paragraph
8 of this Notification;
(d) Construction involving more than 20,000 sq.mtrs.
built-up area shall be approved by the concerned State
or Union territory Planning authorities in accordance with
this Notification after obtaining recommendations from
the concerned CZMA and prior recommendations of the
concern CZMA shall be essential for considering the
grant of environmental clearance under EIA Notification,
2006 or grant of Approval by the relevant planning
authority.
(.e) MoEF may uinder a specific or general order specify
Projects, which require prior public hearing of Project
affected people.
(f) construction and operation for ports and harbours,
jetties, wharves, quays, slipways, ship construction
yards, breakwaters, groynes, erosion control measures
(ii) the following activities shall require clearance from MoEF
namely :-
(a) Those activities not listed in the EIA Notification, 2006.
(b) Construction activities relating to Projects of
Department of Atomic Energy or Defence
requirements for, which foreshore facilities are
essential such as, slipways, jetties, wharves, quyays;
except for classified operational components of
defence Projects. Residential Buildings, Office
Buildings, hospital complexes, workshops of strategic
Item No. 6 and defence Projects in terms of EIA Notification,
12th May, 2017
2006;
Order No.2
(c) Construction, operation of lighthouses;
(d) Laying of pipelines, conveying systems, transmission
line;
(e) Exploration and extraction of oil and natural gas and
all associated activities and facilities thereto;
(f) Foreshore requiring facilities for transport of raw
materials, facilities for intake of cooling water and
outfall for discharge of treated wastewater or cooling
water from thermal power Plants. MoEF may specify
for category of Projects such as at (f), (g) and (h) of
para 4.
(g) Mining of rare minerals as listed by the Department of
Atomic Energy,
(h) Facilities for generating Power by non-conventional
energy resources, desalination Plants and weather
radars;
(i) Demolition and reconstruction of (a) Buildings of
archaeological and historical importance, (b) heritage
Buildings and Buildings under public use, which
means Buildings such as for the purposes of worship,
education, medical care and cultural activities;
She further invited our attention to para 8(i)(II). She submitted
that only the development or construction activities in different
categories of CRZ, particularly as quoted under para (II) thereof are to
be regulated by the GCZMA in accordance with the norms stated
therein. Para 8(i)(II) of CRZ is quoted herein below for highlighting the
regulated activities and the norms stipulated therefor :
II. CRZ-II :
(i) Buildings shall be permitted only on the landward
side of the existing road, or on the landward side of
existing authorised structures;
(ii) Buildings permitted on the landward side of the
existing and proposed roads or existing authorised
structures shall be subject to the existing Local
Town and Country Planning Regulations including
Item No. 6 the 'existing' norms of Floor Space index or Floor
12th May, 2017
Area Ratio; Provided that no permission for
Order No.2
construction of Buildings shall be given on
landward side of any new roads, which are
constructed on the seaward side of an existing
road:
(iii) Reconstruction of authorised Building to be
permitted subject with the existing Floor Space
index or Floor Area Ratio Norms and without
change in present use;
(iv) Facilities for receipt and storage of petroleum
products and liquefied natural gas as specified in
Annexure II appended to this Notification and
facilities for re-gasification of Liquefied Natural Gas
subject to the conditions as mentioned in sub-
paragraph (ii) of paragraph 3;
(v) Desalination Plants and associated facilities;
(vi) Storage of non-hazardous cargo, such as edible
oil, fertilizers and food grain in notified ports;
(vii) Facilities for generating power by non-
conventional power sources and associated
In the light of these provisions in CRZ Notification, 2011, which
do not make reference to regulation of erection of purely temporary
structures/stalls, she submitted that no permission is required and the
activity of erecting stalls for the purposes of any event in CRZ-II area
does not call for any permission from GCZMA as the same is not a
regulated activity.
The Applicant in person invited our attention to special
provisions and pointed out from para 7 of the Coastal Regulation Zone
Notification 2011 that the Notification classified the CRZ into CRZ-I, II,
III and IV and further dealt with areas requiring the special
consideration for the purposes of protecting the critical coastal
environment and difficulties faced by the local communities. He
submits that this classification has been done for the purposes of
conserving and protecting the marine waters. He added that special
Item No. 6 provision for CRZ areas of Goa found at para 8(i)(V)(3) regulate the
12th May, 2017
Order No.2 activities relatable to the peculiar circumstances of the State of Goa
viz. the specific activities mentioned therein, particularly the activity of
putting a purely temporary and seasonal structure between September
to May. Para 8(i) reads as under :
(i) The development or construction activities in different
categories of CRZ shall be regulated by the concerned
CZMA in accordance with the following norms, namely;
Sub-para (V) thereunder makes reference to areas requiring
special consideration and CRZ of Goa is shown to be an area requiring
special consideration.
3. CRZ of Goa :
In view of the peculiar circumstances of the State of Goa
including past history and other developments, the specific activities
shall be regulated and various measures shall be undertaken as
follows :
(i) The Government of Goa shall notify the fishing
villages wherein all foreshore facilities required for
fishing and fishery allied activities such as
traditional fish processing yards,
(ii) Reconstruction, repair works of the structures of
Local Communities including fishermen
Community shall be permissible in CRZ;
(iii) Purely temporary and seasonal structures
customarily put up between the month of
September to May.
(iv) The eco sensitive low lying areas, which are
influenced by tidal action known as Khazan lands
shall be mapped;
(v) The mangroves along such as Khazan land shall
be protected and a management plan for the
Khazan land prepared and no developmental
activities shall be permitted in the Khazan land;
(vi) Sand dunes, beach stretches along the bays and
creeks shall be surveyed and mapped. No activity
shall be permitted on such sand dune areas;
Item No. 6 (vii) The beaches such as Mandrem, Morjim, Galgiba
12th May, 2017
and Agonda have been designated as turtle
Order No.2
nesting sites and protected under the Wildlife
Protection Act, 1972 and these areas shall be
surveyed and management plan prepared for
protection of these turtle nesting sites;
(viii) No developmental activities shall be permitted in
the turtle breeding areas referred to in sub-
paragraph (vii)
(a) Critical Vulnerable Coastal Areas (CVCA)
which includes Sunderbans and other,
identified ecological sensitive (area shall be)
managed with the involvement of the local
coastal Communities including the fisher folk;
(b) The entire Sunderbans mangrove area and
other identified ecologically important areas
such as Gulf of Khambat and Gulf of Kutchh in
Gujarat, Malvan, in Ratnagiri in Maharashtra,
karwar and Coondapur in Kamataka,
Vembanad in Kerala, Gulf of Mannar in Tamil
Nadu, Bhaitarkanika in Orissa, Coringa, East
Godavari and Krishna in Andhra Pradesh shall
be declared as Critical Vulnerable Coastal
Areas (CVCA) through a process of
consultation with local (fisherfolk) and other
communities inhabiting the area and depend on
its resources, for the livelihood with the
objective of promoting conservation and
sustainable use coastal resources and habitats;
(c) The process of identifying planning, notifying
and implementing CVCA be detailed in the
guideline which will be developed and notified
by MoEF consultation with the stakeholders like
the State Government, local coastal
Communities and fisherfolk and the like
inhabiting the area;
(d) The intergrated Management Plan (IMP)
prepared for such CVCA shall inter alia keep in
view the conservation and management of
mangroves, needs of Local Communities such
as; dispensaries, schools, public rain shelter,
Item No. 6 Community toilets bridges, roads, jetties, water
12th May, 2017
supply, drainage, sewage and the impact of sea
Order No.2
level rise and other natural disasters and the
IMPs will be prepared in lime with the para 5
above for preparation of Coastal Zone
Management Plans;
(e) Till such time the IMPs are approved and
notified, construction of dispensaries schools,
public rain shelters, Community toilets, bridges,
roads, jetties, water supply drainage, sewage,
which are required for traditional inhabitants, be
permitted on a case to case basis, by the
CZMA with due regards to the views of coastal
Communities including fisherfolk;
Facts revealed before us point out that the GCZMA had issued
NOC letter for conducting the event in question and had revoked it later on. On this background and in view of the special provisions under para 8(i)(V)(3) of CRZ Notification, one can clearly see that the activity of raising even a purely/temporary structure may be for some period i.e. from 27th to 30th April 2017, is an activity which needs to be regulated as it falls within CRZ-II area. Any activity of such kind is bound to have some environmental repercussions which GCZMA has to consider and exercise its authority after giving thought to all the aspects of adverse impact of such activities would have on the environment, but to say that it requires no permission is to abdicate ones authority under law. GCZMA ought to have considered the impacts of such activities in the light of the facts disclosed and the site inspection conducted by Dr. Prabhakar Shirodkar, Expert Member and Technical Officer of GCZMA and exercised Authority either by granting or refusing such permission. No such things has been done.
We are, therefore of the opinion that the activity of conducting an event of the food festival at D.B. Bandodkar Ground at Campal, Panaji between the period of 27th April to 30th April 2017 is without permission from the GCZMA and as such in violation of CRZ Item No. 6 Notification 2011.
12th May, 2017 Order No.2 At this stage, learned counsel appearing on behalf of Respondent Nos.1 to 5 submits that the Wine Festival is over and presently, Food and cultural festival is being carried on at Campal, Football ground since 10th May 2017 and will continue till 14th May 2017 under the belief that no permission of GCZMA for conducting such event is required.
In our opinion, conducting the event without regulating it is bound to have same adverse impacts on the environment. Apparently, the Food Festival organized by GTDC is being conducted without permission from GCZMA on premise that no permission for conducting such event is required. Obviously, the persons who have promoted this understanding that no permission is required for conducting such event in CRZ-II area are responsible for the damage that the environment may suffer in the present case.
Considering the fact that the event is half way through and is to be concluded by 14th May 2017. There is no propriety in staying the event. However, we invoke Polluters pay principle and hold the Members of the GCZMA who have prompted such idea that no permission is required for conducting event of the kind described hereinabove need to be held responsible. We, therefore, pass the following directions pending the present proceedings that GCZMA shall not allow any event involving raising of temporary structures/stalls in CRZ-II without prior permission.
Issue notice to the Members of GCZMA who participated in 148th Meeting of GCZMA meeting held on 3rd May 2017 to show cause as to why they should not be saddled with damages for prompting and promoting the understanding that no permission/NOC of GCZMA is required for conducting an event involving erection of temporary structures in CRZ-II areas and the damage incurred as a result of conducting such event at CRZ-II area-D.B. Bandodkar Ground, Item No. 6 Campal, Panaji.
12th May, 2017 Order No.2 Notice made returnable on 17th July 2017.
Liberty granted to respond to the show cause notice through duly instructed counsel..
List the case on 17th July, 2017.
........................................., JM (Justice U.D. Salvi) ........................................., EM (Ranjan Chatterjee) ajp