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2018 Supreme(Bom) 2438

N.M.JAMDAR, PRITHVIRAJ K.CHAVAN
Goa Foundation, Through Its Secretary – Appellant
Versus
Goa Coastal Zone Management Authority – Respondent


Advocates Appeared:
Norma Alvares, Adv., D. Lawande, Adv., Pradosh Dangui, Adv., Rafiq Dada, Adv., Raju Subramaniam, Adv., Devidas J Pangam, Adv., Firdosh Puniwalla, Adv., J. Supekar, Adv., Rishit Badani, Adv.

JUDGMENT

N. M. Jamdar, J. - Rule. Rule made returnable forthwith. Respondents waive service. Taken up for final disposal.

2. This Petition concerns a hotel in Goa called the Goa Marriott Resort. The Hotel is located near the Gaspar Dias Beach at Panaji, where the river Mandovi meets the Arabian Sea.

3. In the year 1993, The Goa Foundation filed a Writ Petition No. 333 of 1993 making a grievance that the Hotel breached the Coastal Regulation Zone restrictions. The Division Bench disposed of the Petition on 29 June 2015. The Court directed the authorities to draw a line parallel to the High Tide Line from the Light House, a structure nearby. The authorities were to determine whether any construction of the Hotel falls towards the river side of this line. After that to take necessary action against the Hotel. The Hotel was directed take all measures to prevent the erosion of the sand bank and the siltation of the river. The Hotel was directed to remove the obstructions to the access of the public to the beach.

4. The Goa foundation has filed the Petition with a grievance that the Authorities are circumventing the directions of this Court.

5. The Hotel construction is on the coast. It i

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