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2024 Supreme(Online)(NGT) 552
NATIONAL GREEN TRIBUNAL PUNE (WESTERN ZONE BENCH)
Dinesh Kumar Singh, Judicial Member, Vijay Kulkarni, Expert Member
Colva Civic and Consumer Forum – Appellant
Versus
Goa Coastal Zone Management Authority – Respondent
ORIGINAL APPLICATION NO. 66 OF 2014 (WZ)
For the Respondents:Mr. S.U. Kamdar, Senior Advocate along with Mr. Abhay A. Anturkar, Advocate and Mr. Dhruv Tank, Advocate for R-1/GCZMA, Mr. Huzefa Ahmadi, Senior Advocate along with Mr. Ninad Laud, Mr. Preetam Talaulikar, Mr. Shivshankar Swaminathan and Mr. Ivo D‟Costa, Advocates for R-3 and R-4
Repairs/reconstruction of pre-1991 authorized structures in CRZ NDZ permissible if not exceeding existing plinth/FSI; show cause notices prove no illegality sans adjudication; High Court findings binding on Tribunal.
Headnote:(A) Coastal Regulation Zone Notification, 1991 - Clause 6(2)(i) & (iv); CRZ Notification, 2011 - Clause 8(III)(A)(ii) - No Development Zone (NDZ) within 200 mtrs from High Tide Line - Existing authorized structures - Repairs, renovation, reconstruction/alteration permissible without exceeding existing FSI, plinth area, density - Show cause notices alleging illegality do not prove unauthorized status unless adjudicated - Permissions granted after site inspections, surveys confirming compliance upheld - High Court judgment binding on Tribunal, affirming pre-1991 existence and authorization of structures, no excess plinth area. (Paras 67-70)
(B) National Green Tribunal Act, 2010 - Section 14 - Jurisdiction - Matters under CRZ covered - High Court findings on same cause conclusive, subordinate forums bound thereby. (Paras 27, 37, 70)
Facts of the case:
Applicant forum challenged permissions for repairs/renovation/reconstruction of pre-existing beach resort structures in NDZ, alleging illegality, seeking demolition and quashing of construction license/occupancy certificate. Respondents defended with approvals, surveys showing compliance, prior High Court validation of structures as authorized pre-1991, no excess plinth/FSI.
Findings of Court:
Structures pre-existed 1991 CRZ Notification as authorized; repairs/reconstruction within limits confirmed by surveys/committee; show cause notices inconclusive without final orders; High Court ruling binding - no violation.
Issues: Whether structures unauthorized ab initio precluding repairs; compliance with plinth/FSI limits; effect of High Court judgment; validity of permissions.
Ratio Decidendi: Show cause notices alone do not establish illegality without adjudication; permissions valid post-verification of pre-existing authorized structures and non-excess parameters; subordinate Tribunal bound by superior court findings on identical issues affirming CRZ compliance.
Result: Original Application dismissed.
| Table of Content |
|---|
| 1. applicant's claims of illegal constructions in crz ndz (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. pre-1991 existence and approvals of tourist resort (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. post-approval permissions and compliance certifications (Para 21 , 22 , 23 , 24 , 25) |
| 4. high court judgments upholding approvals and res judicata (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 5. gczma approvals for repairs within crz limits (Para 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53) |
| 6. no new facts in additional affidavits (Para 54 , 55) |
| 7. applicant's arguments on notices and crz violations (Para 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68) |
| 8. court rejects illegality claims, affirms crz compliance (Para 69 , 70 , 71) |
| 9. original application dismissed without costs (Para 72 , 73) |
JUDGMENT
1. This Original Application has been filed with the prayers that a direction be issued to respondent No.1- Goa Coastal Zone Management Authority (GCZMA) and respondent No.2-Village Panchayat, Sernabatim to forthwith take action in accordance with law against the constructions of respondent No.3- Tonia Estates Resorts Pvt. Ltd. and respondent No.4- Aleixo A da Piedade Sequeira in Survey Nos.23/13 and 23/17 of Colva and to remove the offending structures and restore the beach to its original condition and the construction license/renewal of construction license issued on 16.01.2014 and occupancy certificate dated 13.02.2014 issued by respondent No.2-Village Panchayat, Sernabatim in respect of the revised plan of respondent Nos.3 and 4 be quashed.
2. The facts of the present case, in brief, are that the applicant is a forum registered as a Society comprising citizens of villages Sernabatim, Vanelim, Colva and Gaundalim, which is concerned about the large scale illegal and unplanned construction. On the basis of information gathered under the Right to Information Act, it is submitted by the applicant that an approval was granted on 18.05.2006 to respondent No.3 by respondent No.1 for repairs and renovation of existing beach resort on block `B‟ in above mentioned survey numbers of village Colva, which existed prior to 1991. Both these survey numbers lie within 200 mtrs of HTL in No Development Zone (NDZ). A copy of the said approval is annexed as Annexure-2. Since the existing structures in question were unauthorized, the matter was earlier referred by respondent No.1-GCZMA to Ministry of Environment and Forest (MoEF) (not a party to the present proceeding) on 17.08.1995 for “regularization of existing hotel” including basement in the said survey numbers in question, wherein through letter dated 29.06.2006, reply was insisted upon to be submitted by the MoEF within 30 days, failing which permission was to be granted by the local authority for the structures in question. Subsequently, on 30.01.2008, respondent No. 1-GCZMA purported to grant another approval to respondent no.3 for repairs and renovation of Block A and Block C, which were not considered earlier by respondent no.1 on 18.05.2006. Subsequently, respondent no.2-Village Panchayat granted construction license on 11.06.2008 for repair/alteration/renovation, stating therein that the same was based on clearance/approvals granted by respondent no.1- GCZMA, when no such approval was granted by respondent no.1. A copy of the said construction license dated 11.06.2008 is annexed as Annexure-5.
3. It is further submitted that as per the documents obtained under RTI from respondent no.1, it is revealed that the Member Secretary, Planning and Development Authority, Margaon (not a party to the present proceeding) had issued 3 show cause notices in respect of impugned structures, as to why demolition order be not passed, details of which are mentioned in para 2.5 at serial nos. (i) to (iii).
4. It is further mentioned that in view of the show cause notice dated 27.03.1991 and also letter of respondent no.
