National Green Tribunal
Rajabhau Lahanu Pawar vs The State Of Goa Through Its Chief ... on 16 February, 2017
BEFORE THE NATIONAL GREEN TRIBUNAL, WESTERN ZONE
BENCH, PUNE
Application No. 97/2016 (WZ)
And
Original Application No. 156/2016 (WZ)
In the Matter of:
Rajabhau Lahanu Pawar Vs The State of Goa (through its Chief Secretary) & Ors
And
Goa Foundation, Through its Secretary Vs. Goa Tourism Development
Corporation
CORAM: HON'BLE MR JUSTICE U.D.SALVI, JUDICIAL MEMBER
HON'BLE MR. RANJAN CHATTERJEE, EXPERT MEMBER
Present: Applicant/Appellant : Shilpa Pratap Adv a/w
Saluja J.S. Adv
Respondent Nos.1-3 : Fawia M. Mesquita Adv
Appln No.156/2016
Present: Applicant/Appellant : Norma Alvares Adv a/w Supriya Dangare Adv Respondent No.1 : Mr.D.Lawande Addl. A.G. a/w P. Dangui Adv Respondent No.2 : Mr. P. Dangui Adv Date and Orders of the Tribunal Remarks Item Nos.6,7 February 16, 2017 The pleadings are complete.
Order No.7,6 A controversy has been raised regarding beach beautification project carried out by a Government Agency in Non Development Zone (NDZ) of Baina Beach Vasco CRZ.
The parties are at consensus that any development done towards seaward side beyond the existing wall is in contravention of permission granted by the Goa Coastal Zone Management Authority (GCZMA).
Learned Counsel appearing on behalf of the Applicant submits that the NOC for proposed development, particularly, beautification of Baina Beach was granted vide communication vide reference No.GCZMA/S-13- 14/17/1595 dated 4th March, 2014, which is found annexed to the reply of Respondent No.1 Goa Tourism Development Corporation (GTDC). Incidentally, she points out that the said permission is found accompanied with a plan which bears the said reference number and date of communication. However, she submits that the plan bears date 15.7.2014. This, therefore, raises a legitimate question as to the endorsement found made thereon with regard to reference and date of the said communication. She further submits that it is necessary to have before the Item Nos.6,7 Tribunal actual approved plan bearing reference number and date of the February 16, 2017 said communication. We, therefore, direct GCZMA to produce before us a Order No.7,6 plan which bears approval of GCZMA bearing reference number and date of the said communication on the next date.
In order to resolve the clinching issue of the existing wall, we direct GCZMA to indicate on copy of the said map the existing wall in Red colour. Both these maps shall be produced before us on the next date.
List these cases on 9th March, 2017.
........................................., JM (Justice U.D.Salvi) ........................................., EM (Ranjan Chatterjee) hkk