Claimant bears onus to prove pre-1991 structure existence and commercial use in CRZ NDZ via cogent evidence like licenses; disputed documents insufficient; unpermitted modifications warrant demolition.

JUDGMENT

1. This appeal has been preferred against the order dated 21.07.2016, passed by respondent No.1-GCZMA, ordering appellant to demolish illegal structure G+1, standing on Survey No.42/10 of village Anjuna, Bardez, Goa, which was further extended into adjacent plots Survey Nos.42/9, 11, 45/19 and 45/41 of village Anjuna and restore the land to its original condition.

2. The facts of this case, in brief, are that the appellant is owner of the restaurant named and styled as “Curlis Restaurant”, situated on the property as mentioned in paragraph No.3 of the memo of appeal, which is G+1, being run from last several years. The said structure has been in existence in the survey number in question since prior to coming into force of CRZ Notification, 1991 and is being operated in the existing house. A complaint was made by respondent No.2 – Kashinath Jairam Shetye on 17.08.2015, pursuant to which, a show-cause notice dated 31.08.2015 was issued to the brother of the appellant – Edwin Nunes, alleging therein that illegal construction has been carried out in Survey Nos.42/10, 42/9 and 42/11 and to show reasons as to why the said restaurant should not be ordered to be demolished. Another complaint dated 26.08.2015 was moved by one Sagardeep Sirsaikar – respondent No.7. A response to the said notice was given by the appellant’s brother on 03.11.2015 placing on record the documents to establish that the structure in question had been in existence prior to coming into force of CRZ Notification, 1991. These documents were (i) House Tax records; (ii) Gut Book of the Panchayat; (iii) Report of the Talathi and (iv) Report of Dy. Collector.

3. An enquiry was ordered to be conducted of the Inquiry Committee of GCZMA, which came to the conclusion that the restaurant premises were in existence with the structures prior to 1991. The report is annexed as Annexure-E from pages 100 to 104 of the paper-book. It is further stated that the said structure existed prior to 1991 is also established from survey plan issued by the Directorate of Settlement and Land Records, Goa, which is annexed as Annexure-F at page 105 of the paper-book. Pursuant to the complaint of respondent No.2 – Kasahinath Jairam Shetye and others before the Goa State Pollution Control Board (GSPCB), a show-cause notice dated 23.11.2015 was issued by GSPCB to the brother of the appellant – Edwin Nunes, calling upon him to apply for Consent to Operate and provide details pertaining to waste disposal, sewage treatment plant, water consumption and installation of oil and grease trap for kitchen waste, which was replied by him, stating therein that services of Sadekar Enviro Engineers P.Ltd were taken for the purposes of analysis of water samples pertaining to STP in the said restaurant and the report indicated that the parameters were as per the applicable Rules. It was also replied therein that the STP was in operation and that the steps were being taken to obtain Consent to Operate (CTO). The details pertaining to water consumption were also furnished. The GSPCB, vide order dated 15.02.2016, passed a direction under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 to close the operati