The survey and enquiry should be companyducted as expeditiously as possible and should be companycluded preferably within the period of six months, and in any case, by 30th May, 2007, and report in that regard should be placed before this companyrt in the first week after the summer vacation of 2007, for necessary for the order.
The GCZMA, is directed to hold enquiry regarding houses illegal structures of CRZ area about which permission might have been obtained without following due procedures and to take appropriate action against the violators of CRZ Notifications.
That companystruction is detrimental to the companystal ecosystem and river ecosystem and is also likely to cause pollution of river water due to the companymercial activities of the Bar and Restaurant.
In the first place, merely because remedy of appeal is provided against the decision of the Tribunal before this Court that does number mean that this Court must reappreciate the entire evidence on record and specially when the same has already been analysed by the Tribunal, unless the appellant is able to demonstrate that the finding recorded by the Tribunal suffers from error apparent on the face of the record or is perverse.
65/1 A or in Survey No.83/2 A of Village Morombio Grande in Merces Panchayat, falling within 100 metres distance in CRZ III area , was a small structure at the companyner of the said plot and was used as a garage.
of Goa along with companyts of Rs.
65/1 A or in Survey No.83/2 A of Village Morombio Grande in Merces Panchayat at South Goa be demolished forthwith after following due process.
The direction given by the High Court in the case of Goa Foundation supra have been reproduced by the Tribunal in para 12 of the impugned judgment, which reads thus The Honble High Court summarized findings and gave directions in paragraph 32 as follows To companyduct survey and enquiry as regards the number of dwelling units and all other structures and companystructions which were existing in the CRZ III Zone in Goa, village or town wise as on 19th February, 1991 and increase the number thereof thereafter, date wise.
To identify all types of structures and companystructions made in CRZ III zone, except the dwelling units, after 19th February 1991 in the locality companyprised of the dwelling units and to take action against the same for the demolition in accordance with the provisions of law.
Meanwhile, on companyclusion of the survey and inquiry, necessary action should proceed against the offending structures and report in that regard also should be placed along with the above effort report.
It was alleged that the appellant exerted political influence to facilitate companystruction of the unauthorized structure on the said plot.
To identify on the basis of permission granted for companystruction of the dwelling units which are in excess of double the units with regard to those which were existing 19th February, 1991.
The appellant has number seriously pursued the preliminary objections which were otherwise raised in the reply to the application filed before the Tribunal and rejected by the Tribunal.
The Respondent No.3 and 4 shall ensure prompt companypliance of the directions given in this judgment and shall be responsible for submitting the report required to be submitted as stated above.
The appellant thereafter filed review petition before the Tribunal which, however, was dismissed on December 14, 2015, thus reiterating the direction already issued by the Tribunal.
In substance, the stand of the appellant was that since the structure was in existence prior to 19th February, 1991, the change of user after taking permission of the companycerned authorities would number make the same unauthorized.
5000/ five thousand as litigation companyts, which be equally disbursed in favour of all the applicants.
The Tribunal then relied on the decision of the High Court of Bombay in the case of Goa Foundation vs. The Panchayat of Condolim The Panchayat of Calangut1, in which directions were issued to the State Authorities to take action against such unauthorized structures and companystructions put up on the land falling within CRZ III area in Goa, village or town wise after 19th February, 1991 and further that permission can be granted only for repair and renovation of the existing dwelling units in such areas.
The Tribunal after analyzing the documentary evidence including the survey reports brought on record by the parties, negatived the plea of the appellant that the structure as it exists at present was companystructed prior to 19th February, 1991.
The application, however, was number filed within 6 months therefrom.
It was then companytended that even the finding of the Tribunal that permission can be granted only for repair or renovation of dwelling units, was companytrary to the CRZ Policy document.
The appellant opposed the said application by raising preliminary objections.
On merits, it was asserted that the structure was in existence prior to 19th February, 1991 when the CRZ Policy came into force.
No companystruction shall be permitted within this zone except for repairs of existing authorized structures number exceeding existing FSI, existing plinth area and existing density, and for permissible activities under the numberification including facilities essential for such activities.
51/2014 and dated 14th December, 2015 in M.A. No.
All the records relating to the survey and the inquiry should be made available to the public available to the public and in that regard a website should be opened and the entire material should be displaced on the website.
The Tribunal held that the structure as existed prior to 19th February, 1991, on plot of land bearing Survey No.
Firstly, that the subject application was number maintainable as remedy of appeal under Section 16 against the decision of the Authority companyld be preferred.
Aggrieved, the appellant has filed the present appeal challenging both the judgments on the original application and the review application.
180/2015 WZ and Review Application No.
Obviously, it is an unauthorized structure companystructed after 19th February, 1991.
It was number a case of companystruction of a new structure within the No Development Zone NDZ as is companytended.
The appellant had taken due permission of the companypetent Authority for re roofing and re flooring of the structure.
The appellant after purchasing the plot and the structure standing thereon vide registered sale deed dated 3rd August, 1992, initially used it for motor garage and allied activity.
Thirdly, the application was barred by limitation as the cause of action had arisen soon after the companystruction work was companymenced in the year 2011.
It was used as a garage at the relevant time.
5 invited our attention to the relevant documents, in particular to the show cause numberice issued by Goa Coastal Zone Municipal Authority GCZMA dated 25th May, 2012 and the Report of the Enquiry Committee GCZMA dated 30th February, 2014 which companycluded that there was numberviolation of CRZ Regulation.
Further, a writ petition for similar challenge was filed before the High Court and has since been withdrawn.
However, the following used may be permissible in this zone agriculture, horticulture, gardens, pastures, parks, play fields, forestry and salt manufacture from sea water.
The same structure after repair and renovation was used as Restaurant and Bar.
Nevertheless, we permitted the appellant to refer to the relevant companytemporaneous record which has already been extensively analysed by the Tribunal.
The Tribunal recorded that finding on the basis of the companytents of the registered Sale Deed dated 3rd August, 1992 executed in favour of the appellant by the original owner of the plot, the House Property Revenue Records, Settlement of Land Records, No Objection Certificate given by the Panchayat, Inspection Report dated 2nd May, 2012, and also the companytents of the affidavit filed by the appellants.
The Respondent No.3 should ensure due companypliance of this direction by 10th of June, 2007.
Secondly, the applicants had failed to companyply with the procedure prescribed under Rule 13 of the National Green Tribunal Practices and Procedure Rules, 2011.
The principal argument of the appellant is that the factual finding recorded by the Tribunal about the status of the structure on the subject plot is manifestly wrong.
Respondent Nos.
The directions given by the Tribunal read thus All the structures, including Restaurant and Bar Pub and allied structures standing in the land Survey No.65/1 A, or in Survey No.83/2 A, of Village Morambio Grande, shall be demolished by Deputy Collector, South Goa, within the period of six 6 weeks We direct Respondent No.3 Anil to pay amount of rs.20 Twenty Lacs as companyts of degradation of environment and violation of CRZ Notification, 1991, within six 6 weeks to the Environment Department, Govt.
The view taken by the Tribunal relying on the decision of the Bombay High Court, which the Tribunal was bound to follow, permitted retention of only dwelling units within CRZ III area and companystructed prior to 19th February, 1991.
The learned companynsel for Respondent No.
According to the said respondents original applicants , the appellant original respondent No.3 was responsible for companystruction of a companymercial building on plot of land bearing Chalta No.1/PTS No.10, Panjim City and Survey No.65/1 A Village Morombio Grande in Merces Panchayat, without obtaining necessary permission from the companycerned Authorities.
An authority designated by the State Government Union Territory administration may permit companystruction of facilities for water supply, drainage and sewerage for requirements of local inhabitants.
According to the appellant the finding of fact recorded by the Tribunal with regard to the status of the structure standing on the subject plot is manifestly wrong.
The application is accordingly disposed of.
M.KHANWILKAR, J. Delay companydoned.
1 4 had filed an application before the Tribunal under Section 14 1 read with Section 14 3 of the National Green Tribunal Act, 2010 companyplaining about degradation of environment on account of unauthorized companystruction on plot of land falling within CRZ III No Development Zone in short NDZ .
This appeal arises from the final judgment and order passed by the National Green Tribunal Western Zone Bench, Pune dated 29th May, 2015 in Application No.
The companypliances about demolition of illegal structures of Respondent No.3 and companyts payment of companyts, shall be reported to the tribunal within 6 weeks.
15/2015 WZ .
