Structures beyond 100m from HTL/bay in CRZ-II municipal area governed by local planning, not GCZMA; private property dispute not maintainable before NGT.

JUDGMENT

1. This Original Application has been filed with the prayers that the respondent No.1-GCZMA be directed to conduct a site inspection of the land bearing Survey Nos.134/4 and 136/1 of Nagarcem-Palolem, Canacona, Goa, in which illegal tenements has been constructed and take action against the respondent No.3- Meena Ulhas Bholnekar, respondent No.4- Nikita Ulhas Bholnekar and respondent No.5- Namita Ulhas Bholnekar, who have raised the said construction within the Municipal Limits of respondent No.2-Canacona Municipal Council, in order to pass a demolition order of the said illegal construction; compensation be ordered to be paid to the applicants, who are co-owners of the said properties, which have been damaged; and respondent Nos.3 to 5 be ordered to restore the same.

2. In brief, the facts of this case are that the Applicant No.1- Gopal Vithal Bholnekar and Applicant No.2- Sudha Gopal Bholnekar are husband and wife respectively. The respondent No.3- Meena Ulhas Bholnekar is the mother of respondent No.4- Nikita Ulhas Bholnekar and respondent No.5- Namita Ulhas Bholnekar. The Applicant No.1 and the deceased husband of respondent No.3, Ulhas Vithal Bholnekar are brothers and sons of late Shri Vithal Gopal Bholnekar and Smt. Rukmini Vithal Bholnekar respectively, who were the original owners of the subject properties. Thus, the present Applicants and the respondent Nos.3 to 5 are co-owners of the properties in question i.e. Survey Nos.134/4 and 136/1 of Nagarcem-Palolem, Canacona, Goa.

3. It is further mentioned in this application that in Survey No.134/4, there existed an ancestral house bearing H. No.174/4, admeasuring an area of about 200 square meters, which originally belonged to the father of Applicant No.1, who lived in that house till he died in the year 1977 and thereafter, his wife Mrs. Rukmini continued to live therein till her death on 16-01-1998. After Rukmini’s death, the brothers- Gopal and Ulhas took the possession of this house in equal portion and divided the same by a common wall, each portion comprising 100 sq. mtrs. approximately and were allotted H. No.10/174 and H. No.10/174-A respectively by the respondent No.2-Canacona Municipal Council.

4. It is further mentioned in this application that the applicants are residing in their land portion even today. But the respondent Nos.3 to 5 have completely re-constructed their portion into a Ground + 1 structure by increasing the plinth, with RCC Slabs, and additionally obliterating the existing sewage system and soak-pit by erecting 3 new constructions bearing House Nos.170/3, 168, 174A thereon in the subject property bearing Survey No.134/4 without seeking any permission/s from any authority/ies. In the other property bearing Survey No.136/1 also, the respondent Nos.3 to 5 have also erected new constructions without any permission/s from the appropriate authority/ies.

5. It is further mentioned in this application that pursuant to the complaints made by the applicants, the respondent No.2- Municipal Council dr“ew a Document of Transgression on 10-01-2012 pertaining to the violations in Survey No.134/4, which would clearly point out the Transgressions/illegal new constructions along-with a sketch thereof. The details of the sites and areas of these illegal constructions are as follows:-

6. It is furth