2015 Supreme(Bom) 944
In the High Court of Bombay at Goa
F.M. REIS & K.L. WADANE, JJ.
The Goa Foundation & Another – Petitioner
Versus
The North Goa Planning and Development Authority & Others – Respondent
Writ Petition No. 333 of 1993
Decided On : 29-06-2015
For the Petitioners:Norma Alvares, Advocate.
For the Respondents:R1, H.D. Naik, Advocate, R2, R3, R4, R6, D. Lawande, Government Advocate with P. Dangui, Addl. Government Advocate, R8, Mahesh Amonkar, Central Government Standing Counsel, R7, R9, R. Dada, Senior Advocate with T.N. Subramanian, Senior Advocate with Firdosh Pooniwalla, Rishit Badiani, Jitendra Supekar, Advocates.
F.M. Reis, J.
1. The above Writ Petition filed by the petitioners inter-alia prays for an appropriate writ to call for the records relating to the sanctions granted vide order dated 29.11.1991 and subsequent revisions/ extensions dated 27.3.1995, 1.10.1996 and 16.07.1997 to the construction of the respondent no.7 and after going through the legality of such permissions to build, if any, quash and set aside the same. The petitioners have also sought for a relief to quash the approval of the respondent no.3 dated 14.06.1991 and also for a direction to the respondent nos. 1, 2 and 5 to demolish any construction raised on the said plot as a consequence of such permissions.
2. Briefly, the facts of the case based on the record in the above Petition are that the respondent no.2 - Government of Goa issued an advertisement inviting offers for the construction of a hotel in Panaji at Gaspar Dias beach on 07.03.1977. On 28.03.1977, M/s. V. M. Salgaonkar Private Limited submitted a proposal for the construction of a luxury hotel at Gaspar Dias beach at Panaji and sought for additional land for that purpose. The lease deed was executed on 30.04.1979 by the respondent no.2 with M/s Palm Hotels (India) Ltd., for 99 years for an annual rent of Rs.43,277.30 paise for an area of 15,666 square metres at Gaspar Dias beach. The Government thereafter acquired additional plots for the construction of the hotel on 25.06.1981. Thereafter, on 30.01.1984, the then Lt. Governor of Goa raised an objection to the construction of a hotel at the site as the land was required for a public recreation and that the hotel building would be close to the water of Mandovi river. Subsequently, an agreement was signed between the respondent no.2 and Palm Hotels (India) Ltd.,- respondent on.7 regarding the construction of a luxury hotel which inter-alia stipulated that the company shall undertake the construction of a hotel within one year from the date on which the possession of the land was given. It is also contemplated therein that the respondent no.7 shall conform to all the rules and guidelines made by the Government from time to time for the preservation of the ecology and the environment and fulfill other statutory requirements existing in law. Thereafter, somewhere on 09.02.1987, the Captain of Ports wrote to the Chief Town Planner that he expects that the hotel building will be beyond the highest high tide water marks and further that he is concerned that the hotel building should not cause hindrance to navigation and an undertaking should be taken from the hotel promoter to make appropriate changes. The Panjim Draft Outline Development Plan (ODP) was notified for the public objections and the hotel area was zoned as recreational somewhere on 27.02.1987. The respondent no.7 raised an objection for the zoning and requested that the zone be earmarked as commercial. The Ecological Development Council on 04.03.1987 approved the hotel project in principle provided the zone is changed under the draft ODP. The said committee was a high powered council constituted in 1982 to scrutinize the proposals for development from environment point of view. The Town and Country Planning Board on 17.08.1987 appointed a sub-committee to scrutinize the objections to the draft ODP and the Panjim final ODP was notified on 11.01.1990 whereby the hotel site is zoned as commercial. The respondent no.2 constituted the Goa State Committee on Environment (GSCE) which replaced the EDC and ECC on 26.07.1990 and their decisions were placed for review before the GSCE. It is further the contention of the petitioners that on 19.02.1991, CRZ Notification was issued under the Environment Protection Act, 1986 whereby the areas within 500 metres of the High Tide Line on the sea coast and within 100 metres from the banks of the tidal rivers were declared as CRZ and are subject to the norms of the CRZ Notification. It is further the contention of the petitioners that the hotel of the respo