The doctrine of merger and finality of orders under the Environment (Protection) act, 1986 were central to the court's decision.

JUDGMENT

Manish Pitale, J. - The petitioner has approached this Court challenging an order dated 25.10.2021, passed by the respondent no. 2-Goa Coastal Zone Management authority (GCZMa), whereby the GCZMa has reiterated its earlier directions to the petitioner to demolish all the structures in the property located in Colva village at Salcete, Goa. according to the petitioner, the impugned order, passed by the GCZMa, was passed on a review of its own earlier order, passed in review jurisdiction, which was impermissible, and on this sole ground, the impugned order deserves to be set aside.

2. The facts leading up to the filing of this Writ Petition are that, this Court in a Public Interest Litigation issued directions to authorities, including the GCZMa, to take action against illegal constructions in the State of Goa. In pursuance of the same, the GCZMa caused inquiry to be conducted. On the basis of the material collected, the GCZMa issued notices for personal hearing to various parties, including the petitioner herein. The petitioner was heard on the allegations of construction of illegal structures in the aforesaid village in the 187th meeting of the GCZMa, held on 30.10.2018. The petitioner was present alongwith its advocate. The GCZMa found that the petitioner had failed to place on record approvals for the structures in question and upon taking into consideration survey plans and documents on record, as well as mapping carried out by the office of the Survey Records, it resolved that the petitioner had failed to justify the existence of the said structures in Colva village and further resolved to pass demolition order against all the aforesaid structures of the petitioner in Colva village.

3. In pursuance of the same, on 05.12.2018, the GCZMa issued a direction under Section 5 of the Environment (Protection) act, 1986, read with the Rules framed thereunder, directing demolition of the aforesaid structures at the expense of the petitioner and for submission of compliance report.

4. aggrieved by the same, the petitioner filed an appeal before the National Green Tribunal (NGT) under Section 16 of the National Green Tribunal act, 2010 (act of 2010, for short). Various grounds of challenge were raised on behalf of the petitioner. By order dated 03.01.2019, the NGT dismissed the appeal, thereby confirming the directions issued by the GCZMa.

5. aggrieved by the same, the petitioner filed an appeal before the Hon'ble Supreme Court under Section 22 of the act of 2010. The said appeal was dismissed on 18.01.2019, as a consequence of which, the order/direction issued by the GCZMa on 05.12.2018, attained finality.

6. The petitioner then filed a Review application before the NGT, claiming that there was an error apparent on the face of the record of the order of the NGT. The petitioner also filed a Review application before the GCZMa on 20.01.2019, claiming that it was filing a procedural review and not a review on the merits of the matter. On 01.05.2019, the NGT dismissed the Review application filed by the petitioner. Thereafter, the Review application on procedural grounds, filed by the petitioner, came up for consideration before the GCZMa in its 210th meeting. The respondent no. 3 opposed the application filed by the petitioner and contended that there was no necessity for re-hearing the matter.

7. In the 215th meeting of the GCZMa held on 22.10.2019, the application filed on behalf of the petitioner was taken for consideration and it was noted that the petitioner had mainly raised two issues in the Review application, claiming procedural flaws committed by the GCZMa. Firstly, it was claimed that the quorum of the GCZMa as per the relevant notification was defective when the 187th meeting was held, and secondly, it was contended that a procedural review could be granted because the GCZMa had ignored vital documents and there was a lapse of due procedure before arriving at the decision/minutes of the 187th meeting of the said authority.