Item No.8 (Pune Bench)

BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)

Appeal No.26/2023(WZ)

M/s Costeiro Azul Resorts …..Appellant Versus GCZMA ….Respondent Date of hearing: 19.03.2024 CORAM: HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER Appellant : Mr. Aniruoodh Sadesai, Advocate along-with Mr. Shivshankar Swaminathan, Advocate Respondent : Ms. Supriya Dangare, Advocate

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