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2024 Supreme(Online)(NGT) 468

NATIONAL GREEN TRIBUNAL PUNE (WESTERN ZONE BENCH)
COSTEIRO AZUL RESORTS – Appellant
Versus
GOA COASTAL ZONE MANAGEMENT AUTHORITY – Respondent


Advocates:
For the Petitioner: SHANKAR SWAMINATHAN
For the Respondent:

ORDER

1. This appeal has been preferred to get the order dated 19.01.2023 set aside, which was passed against the appellant by the Respondent - Goa Coastal Zone Management Authority under Section 5 of the Environment (Protection) Act, 1986 read-with Rule 4 of the Environment (Protection) Rules, 1986, whereby the appellant was directed to pay an amount of Rs.12,30,550/- towards environmental compensation, on following grounds:-

“d) Appellant submits that considering the fact that the Appellant has removed the allegedly illegal structures by themselves, the question of imposing any compensation does not arise. Be that as it may, the same ought to have been considered before imposing penalty and in any case a prior hearing ought to have been given to the Appellant.

e) Appellant further submits that the Impugned Order is dated 19/01/2023 wherein the direction is given to make the payment on or before 31/01/2023. The said period is much lesser than the statutory period of preferring an Appeal. On this count as well the Impugned Order is liable to be quashed and set aside.

f) Appellant submits that the even otherwise the computation of environmental compensation is done arbitrarily and unil

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