The court affirmed that construction beyond No Development Zone complies with regulations, pending necessary permissions for further activity.

JUDGMENT

1. The present appeal has been filed with the following prayers:

“

A. That the ongoing construction of the proposed resort in survey nos. 90/1, 5, 6(p) and 91/1, 3 to 10 of village Cavelossim, Salcete, Goa be declared to be in violation of the CRZ Notification , 2011, Environment (Protection) Act , 1986 and other enactments and be directed to be stopped forthwith until environment impact assessment studies are carried out and CRZ and Environmental Clearances are obtained.

B. The respondent no.6 be restrained from carrying out any further construction or development activities in respect of the proposed construction of a resort in survey nos.90/1, 5,6 (p) and 91/1, 3 to 10 of village Cavelossim, Salcete, Goa, pending the hearing and final disposal of this application.

C. “The respondent no.6 be restrained from carrying out any further construction or development activities in respect of the proposed construction of a building in survey no. 91/5 & 6 of village Cavelossim, Salcete, Goa pending the hearing and final disposal of this application.”

D. The respondent no.6 be restrained from carrying out the construction of the proposed water body in the NDZ in survey no. 91/1 & 7 of village Cavelossim.

E. That the respondent no.6 be directed to demolish the construction carried over the water body in Survey No.91/1 of Village Cavelossim and to have the water body be restored to its original condition.

F. For ex-parte ad interim relief in terms of prayer clause b.

G. For costs of these proceedings.

H. Any other order this Hon Tribunal may deem fit in the facts of this case.

I. That the respondent No.6 be directed to remove the reclaimed and filling done without the NDZ area of River Sal as reported in Site Inspection Report dated 24.06.2014 of the GCZMA and have the land restored to its original condition.

J. For an order quashing and setting aside the order dated 12.09.2022 issued by the respondent No.4 which was served through a registered AD on the appellant on 15.09.2022.”

2. We find that the prayers A to F cannot be made in the present appeal, as for seeking of these reliefs, appellant ought to have moved Original Application. The only prayer out of the above prayers, which is recorded at prayer no.’J’, is maintainable, as the same seeks quashing of the impugned order dated 12.09.2022 passed by the respondent No.4- GCZMA.

3. In order to curtail unnecessary facts of the present appeal, we take facts from the impugned order dated 12.09.2022 itself, according to which an application bearing no.61/2014 was filed by the appellant- Cavclossim Villagers Forum before this Tribunal against the respondent No.6- M/s Balaji Shree Concepts, Margao, Goa for illegal construction activities adversely affecting the natural water bodies/ nallas/ channels/ paddy fields. The said application was considered by the Tribunal on 24/04/2019 and thereafter, following order was passed:-

“Since the matter has been pending for the last about five years, having regard to the need for expeditious disposal based on correct and latest factual position, we consider it appropriate to direct furnishing of a joint report by representatives of the MoEF&CC, GCZMA, Goa State Pollution Control Board and Water Resources Department, State of Goa. The GCZMA will be the nodal agency for coordination and compliance. Such factual report dealing with the issue may be furnished within three months by email at ngt.filing@gmail.corn. A copy of the order be sent each to the MoEF&CC, GCZMA, Goa State Pollution Control Board and Water Resources Department, State of Goa by email.

24. It will be open to the parties to furnish their respective versions to the G