Repair and renovation of existing bunds to prevent erosion and saline water intrusion into agricultural lands are permissible activities under CRZ regulations, provided they are carried out with necessary permissions and adhere to environmental safeguards.

JUDGMENT

1. This appeal has been filed, assailing the order dated 30.11.2023 (annexed at pages 40 to 46), passed by Respondent No.3- GCZMA, whereby the complaint dated 21.12.2022 made by the appellant- Calangute Constituency Forum, with regards to destruction of mangroves in the name of development by strengthening existing bund from Nerul bridge to Caculo House at Candolim, has been discharged.

2. We have heard the arguments of learned counsel for the parties and perused the entire records thoroughly.

3. During argument, learned counsel for the appellant has drawn our attention to page no.120 of the paper book, which is the complaint dated 21.12.2022 made by the appellant addressed to the Superintendent of Police, North Goa Porvorim, Bardez, Goa; and the Sarpanch/Secretary, Village Panchayat, Candolim, Bardez, Goa, in which it is mentioned about the project of strengthening and Renovation of existing bund, which is 3.5 mtrs. in width from Nerul bridge to Caculo house at Candolim in a communidade property within the jurisdiction of Village Panchayat Candolim. The project is in violation of Environment Protection Act and not in the interest of village environment. It is further mentioned that the existing width (33 mtrs.) of the bund has been expanded to 6 to 8 mtrs. by doing land filling and destroying the Mangroves/Biodiversity of the water bodies. The said destruction of the environment by Water Resource Department (WRD)- Respondent No.6 is clearly seen in the site pictures attached with the complaint.

4. It is further mentioned in the above-referred complaint that the usage of concrete and other materials, during construction of retaining wall of the river, has destroyed the river biodiversity and will also restrict the growth of different river species in the river. Material used for the construction of retaining wall is not environmental friendly and is in violation of guidelines laid as per Environment Protection Act and the terms mentioned in the NOC issued by the GCZMA dated 26.08.2019. It is further mentioned that the Goa State Biodiversity Board, in their report of joint site inspection dated 06.02.2019, has made very clear that the mangroves and the biodiversity along the river side shall not be destroyed while carrying out the repair work of such bunds.

5. It is further mentioned in the above-referred complaint that in spite of the fact that such rules exist in the protection of biodiversity, the WRD and their contractors have done blatant violation of Environment Protection Act and destroyed the river biodiversity by cutting mangroves and using concrete for retaining wall. It is further noticed that the land filling is done in large-scale by covering the water bodies and has done the destruction of its biodiversity. It is further mentioned that land filling has been done by covering water bodies to make a way to expand the width of the existing bund for vehicular movement and in the interest of builder lobby. It is also visible that the expansion of road towards the western side of the property is done in the interest of the developer who has a project, passed without proper access in the property bearing Survey No.12 of Village Candolim. Although the said project falls within the CRZ line, the NGPDA issued the permission to this project without verifying the groun