AGENDA ITEMS FOR THE 125th MEETING OF THE GOA COASTAL … · As directed by the Hon’ble High...

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AGENDA ITEMS FOR THE 125th

MEETING OF THE GOA COASTAL ZONE

MANAGEMENT AUTHORITY (GCZMA) TO BE HELD ON 11/02/2016 (THURSDAY)

AT 2:30 P.M. IN THE CONFERENCE HALL OF PRINCIPAL SECRETARY

(ENVIRONMENT), 2ND

FLOOR, SECRETARIAT, PORVORIM – GOA.

Item No.1: To confirm the minutes of the 124th

Meeting of the GCZMA held on 18/01/2016.

The minutes of the 124th

Meeting of the GCZMA held on 18/01/2016 at 2:30 p.m. are

enclosed herewith (Annexure ‘I’). The members may kindly give their comments /

suggestions, if any and the same may be confirmed.

Item No. 2: To discuss and decide on Court Matters / Directional Matters / Complaints of

Violation of the CRZ Notification 1991 / 2011 and Allied / Connected Matters

Case No. 2.1:

To discuss and decide on the alleged illegal construction of a structure / hotel

building comprising of ground + two floors within 500 mts from HTL being carried

out by Mr. Joseph Antonio D’Souza alias Joseph D’Souza and Fabiola D’Souza in

the property bearing Sy. No. 160/1 of Village Anjuna, Bardez-Goa.

Background:

1. The Office of Goa Coastal Zone Management Authority (hereinafter referred to as

the ‘GCZMA’ in short) was in receipt of a Complaint letter dated 07/10/2014 from

Mr. Sandeep Chimulkar & ors. (Ward members of Anjuna Village Panchayat)

with regard to the alleged illegal construction of a structure / hotel building

comprising of ground + two floors within 500 mts from HTL being carried out by

Mr. Joseph Antonio D’Souza alias Joseph D’Souza and Fabiola D’Souza in the

property bearing Sy. No. 160/1 of Village Anjuna, Bardez-Goa without obtaining

prior approval from the concerned authorities.

2. Upon receipt of the said Complaint letter, a Show Cause cum Stop Work Order

bearing no. GCZMA/ILLE-COMPL/14-15/153/1500 dated 07/11/2014 was issued

to Mr. Joseph Antonio D’Souza alias Joseph D’Souza and Fabiola D’Souza with a

direction to stop the work and show cause as to why a direction to demolish the

structures and to restore the land to its original condition should not be issued.

3. The said Show Cause cum Stop Work Order was accordingly replied to by Mr.

Joseph Antonio D’Souza alias Joseph D’Souza and Fabiola D’Souza vide reply

dated 18/11/2014 and 26/03/2015 thereby enclosing certain documents in support

of their case.

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4. Subsequently, the Office of GCZMA received another complaint letter dated

22/07/2015 from Mr. Kashinath Shetye alongwith others with respect to the same

structure / subject matter.

5. Accordingly, another Show Cause cum Stop Work Order bearing no.

GCZMA/N/ILLE-COMPL/15-16/57/1071 dated 31/07/2015 was issued to Mr.

Joseph Antonio D’Souza alias Joseph D’Souza and Fabiola D’Souza with a

direction to stop the work and show cause as to why a direction to demolish the

structures and to restore the land to its original condition should not be issued.

6. Upon instructions, the site was also inspected by the Technical Officer of GCZMA

on 20/10/2015. During site inspection following observations were recorded at the

site:

a) The structure has a plinth area of approx 221.65 sq. mtrs. and is as per plan

attached to this report as annexure I.

b) The site under reference has Survey No. 160/1 of Village Anjuna, Bardez

Goa, lies within 200 mtrs. to 500 mtrs. from the HTL. (The plan of RSI

Hyderabad is attached as annexure (II).

c) As per CRZ Notification 2011, as notified on page No. 11, para B, clause

(vii) states that, the construction / reconstruction of dwelling units not

exceeding 9 mtrs. height with two floors (ground plus one floor) is

permissible and the guidelines as per CRZ Notification 2011, as on page No.

21 of Annexure III point (i) states that, the total plot size shall not be less

than 0.4 hectares and the total covered area on all floors shall not exceed 33

percent of the plot size i.e., the floor space index shall not exceed 0.33 and

the open area shall be suitably landscaped with appropriate vegetal cover

and point (k) states that, the overall height of construction upto the heighest

ridge of the roof, shall not exceed 9 metres and the construction shall not be

more than two floors (ground floor plus one upper floor). Whereas in

present case the structure is ground + two structures and used for hotel

purpose.

d) The property has a compound wall of laterite stone on all four sides with a

gate.

e) The property is surrounded by cluster residential houses.

f) The structure is newly constructed.

g) The structure is complete used for commercial purpose as a hotel and run in

style and name Anjuna Plaza.

7. It may be noted that an Application No. 90/2015 has also been filed by Mr.

Kashinath Shetye & ors. before the Hon’ble NGT, Pune thereby challenging the

inaction on the part of the various authorities mentioned in the Application against

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the alleged illegal construction of Hotel Building (G+2 floors) being constructed

by the Respondent Nos. 4 and 5 (i.e. Mr. Joseph Antonio D’Souza alias Joseph

D’Souza and Fabiola D’Souza) within 200 to 500 mts.of HTL in CRZ-III area in

the property bearing Sy. No. 160/1 of Village Anjuna, Bardez - Goa.

8. The said matter had come up for hearing on 08/01/2016, on which date of hearing

the learned Advocate for Contesting Respondents (Respondent Nos.4 & 5) made a

statement that the Respondent Nos.4 & 5 will not carry out any hotel activity, bar

activity or eatery in the premises in question until the final decision is rendered by

the CRZ authority or without approval of this Tribunal as may be permissible

under law. Accepting his statement, no interim relief has been granted and further

ordered that GCZMA to complete the proceedings within three (03) weeks and

compliance report be placed on record of which copy to be given to the

Respondent Nos. 4 and 5 as well as complainant i.e. Applicant for their response.

9. In this regard and in view of the directions of the Hon’ble NGT, Pune, the matter

is placed before the Authority for granting hearing to the parties and for discussion

and final decision in the matter pertaining to the structure under reference and its

legality in terms of the CRZ Notification 1991 / 2011.

10. A copy of the Complaint letters dated 07/10/2014 and 22/07/2015 received from

Mr. Sandeep Chimulkar & ors. and Mr. Kashinath Shetye & ors respectively,

Show Cause cum Stop Work Orders dated 07/11/2014 and 31/07/2015, reply dated

18/11/2014 and 26/03/2015 and the order dated 08/01/2016 of the Hon’ble NGT,

Pune were enclosed with the Agenda Item as Annexure ‘II colly’.

Case No. 2.2:

To discuss and decide on the alleged illegal construction of a bungalow within 100

mts from HTL of River Chapora being carried out by Mr. Rahul Bansal in the

property bearing Sy. No. 117/1-A of Village Morjim, Pernem-Goa.

Background:


the ‘GCZMA’ in short) upon receipt of a Complaint letter dated 19/05/2004 filed

by one of the members of GCZMA, issued Show Cause Notice dated 24/05/2004

to Shri. Sandeep Morje and Shri. Vishwas Morje (subsequently owned by Shri.

Rahul Bansal).

2. After conducting due inquiry in the matter by granting personal hearing to the

concerned party, the Authority concluded that the structure in question was

constructed in blatant violation of the CRZ Notification 1991 and as such issued

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directions for disconnection of electricity and water supply and subsequently for

demolition of the structure vide orders dated 30/11/2005, 01/12/2005 and

25/05/2006.

3. A Writ Petition bearing no. 257/2006 was filed by Countrywide Projects Pvt. Ltd.,

through its Director Mr. Rahul Bansal thereby challenging the impugned order

dated 25/05/2006 issued by GCZMA with a direction to Mr. Rahul Bansal to

demolish the structure situated in Sy. No. 117/1- A of Village Morjim, Pernem-

Goa.

4. In the said Writ Petition the Petitioner contended that the High Tide Line claimed

by the authorities while passing the impugned order is not in accordance with the

directions issued in terms of the CRZ Notification 1991. It was further contended

that the High Tide Line is not uniformly fixed at the site where the disputed

structure of the Petitioners is located.

5. The Hon’ble High Court of Bombay at Goa after hearing and taking into

consideration the submissions made by the learned counsels has been pleased to

dispose of the Petition vide oral Judgement dated 11/03/2015 with a direction that

the authorities to first fix the High Tide Line of the concerned river in terms of the

CRZ Notification 1991 and after such High Tide Line is fixed, the authorities to

examine the Show Cause Notice dated 24/05/2004 afresh after hearing the

Petitioners in accordance with law.

6. As directed by the Hon’ble High Court of Bombay at Goa, a site inspection of the

property was carried out by the Expert Member of GCZMA on 28/12/2015

alongwith the representatives from the Office of DSLR and the Petitioner and

accordingly prepared and submitted its report to the Office of GCZMA.

7. The observations recorded in the site inspection report are as follows: -

a) Physical observations indicated that the riverine plot is bounded by a wall

made of large laterite stones; the structure is an ancient one, repaired at

places. A narrow sandy beach is found in front of the wall; the shoreline is

highly degraded with strewn garbage.

b) A G+1 residential structure was noted in the plot. Based on rough

measurements, the house is found at about 30 metres from the river

boundary. A shed (garage?) was also noted in a corner of the plot. The

house is surrounded by gardens.

c) The original DSLR plan shows that a structure existed in the plot. This

house has been rebuilt over the years. GCZMA file records indicate that a

show cause notice for demolition was issued to the owner in 2004, as the

house did not have approvals from competent authorities.

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d) The DSLR conducted a detailed survey to fix the HTL on 28 December

2015. A letter / plan (in colour) dated 08 January 2016 is submitted to the

GCZMA. The plinth of the new structure is superimposed on the pre-

existing house. The shed and the setback line is also marked in the plan.

e) An analysis of the plan reveals that the new plinth does not match with the

boundary of the earlier house. The offset is of the order of 1-2 metres.

f) The new house falls in the No Development Zone (NDZ), within 100

metres from the High tide Line (HTL). Accurate measurements indicate

that the northern corner of the house is at about 32 metres, and the southern

corner at about 25 metres from the demarcated HTL.

g) In summary, the new / rebuilt structure falls within the NDZ and thus

violates the provisions of CRZ 2011 notification.

8. In view of the above and taking into consideration the directions issued by the

Hon’ble High Court of Bombay at Goa, the matter alongwith the report prepared

by the Expert Member of GCZMA is put up before the Authority for discussion

and final decision in the matter.

9. A copy of the Judgement dated 11/03/2015 and the site inspection report prepared

by the Expert Member of GCZMA alongwith the plan of DSLR was enclosed with

the Agenda Item as Annexure ‘III colly’.

Case No. 2.3:

To discuss and decide on the complaint pertaining to alleged illegal construction and

operation of a hotel in the name and style as “Alcove Resort” located in the property

bearing Sy. No. 222/3-A at Vagator of Village Anjuna, Bardez-Goa and alleged illegal

construction of a structure (G+1) with 7 to 8 permanent cottages so also a restaurant and

permanent cottages so also a restaurant and permanent structures alongwith the staircase

leading to the beach in the property bearing Sy. No. 223/1-A of Village Anjuna, Bardez-

Goa being constructed as an extension to the Hotel Alcove Resort by Mr. Milton Marques.

1. The Office of the GCZMA is in receipt of a Complaint letter dated 07/12/2015 from Mr.

Chandan Diukar, R/o Simvaddo, Anjuna, Bardez-Goa with regard to the alleged illegal

construction of a structure (G+ 1) with 7 to 8 permanent cottages so also a restaurant and

permanenet structures alongwith the staircase leading to the beach are being constructed

in the property bearing Sy. No. 223/1-A of Village Anjuna, Bardez-Goa by Mr. Milton

Marques within 10 to 50 mts of the HTL without obtaining necessary permissions /

approvals from the statutory authorities and in violation of CRZ Notification 2011.

2. The Complainant further stated that said Mr. Milton Marques is operating a Hotel named

Alcove Resort in the adjoining property bearing Sy. No. 222/3-A and built the recent

structures as an extension to the said Hotel.

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3. The Office of the GCZMA is also in receipt of another Complaint letter dated 09/12/2015

from Mr. Eliano Pereira, R/o Vagator, Anjuna, Bardez-Goa with regard to the alleged

illegal puccaa construction of a resort in the property bearing Sy. No. 222/3-A of Village

anjuna and the same is being run in the name and style of “Alcove Resort” having a

permanent swimming pool.

4. The Complainant Mr. Chandan Diukar has also filed an Application bearing No.

180/2015 before the Hon’ble National Green Tribunal at Pune thereby challenging the

alleged illegal construction comprising of ground plus one structure, cottages and

restaurant with permanent structures and staircase leading to the beach in the property

bearing Sy. No. 223/1-A of Village Anjuna, Bardez-Goa by the Respondent No. 3 i.e Mr.

Milton Marques.

5. The said Application was taken up before the Hon’ble NGT, Pune on 15/12/2015 on

which date of hearing the Hon’ble NGT, Pune was pleased to call for the status report

and the action taken by the GCZMA with respect to the Complaint filed by the

Complainant Mr. Chandan Diukar.

6. In view of the matter pending before the Hon’ble NGT, Pune and the directions issued

therein a Show Cause Notice cum notice of personal hearing bearing no.

GCZMA/N/ILLE-COMPL/15-16/150/2348 dated 11/01/2016 has been issued with a

direction to show cause as to why a direction to demolish the illegal structures and restore

the land to its original condition should not be issued with a further direction to remain

present for the personal hearing before the Authority.

7. The said matter was placed before the Authority in its 124th

GCZMA Meeting held on

18/01/2016 for grant of personal hearing to the parties wherein after detailed discussion

and due deliberations and on considering the oral submissions made by the Ld. Advocate

D. Shirodkar present on behalf of Mr. Milton Marques, the Authority decided to grant 15

days time period to Mr. Milton Marques for filing of his detailed reply in the interest of

natural justice with effect from the date of receipt of the Show Cause Notice Cum

Personal hearing i.e. 13/01/2016 as informed by the Advocate of Mr. Milton Marques

which expires on 27/01/2016 and incase of non – receipt of any reply from Mr. Milton

Marques within the stipulated time period the Authority shall proceed with final decision

in the matter.

8. Accordingly, Mr. Milton Marques filed his reply dated 27/01/2016 inwarded on

28/01/2016 which interalia in brief states as follows:

a) The structures which are alleged to be illegal were constructed much before

19/02/1991 when the CRZ Notification came in to force. The said structures and

the swimming pool was constructed somewhere between 1982 to 1985 and the

said structures were used as Holiday homes / Guest houses.

b) That the properties bearing Sy. No. 222/3-A and 223/1-A of Village Anjuna are

owned by his Sister Mrs. Milena Zachariah and Brother in law, Mr. Ibrahim

Zachariah who resided in one of the house and used the structure as guest houses.

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c) The structures being old and in dilapidated conditions the same were repaired and

renovated after obtaining permissions from the erstwhile Goa State Committee on

Coastal Environment.

d) In addition to this permanent structures, have put / erected five temporary and

seasonal structures in Sy. No. 223/1-A, Anjuna which is a permissible activity

under CRZ Notification 2011.

e) The Respondent further stated that an application dated 14/09/2015 for permission

for erection of seasonal structures which was submitted on 24/09/2015 to the

Office of the GCZMA, however, since no communication was received even after

one month it was deemed that permission from the GCZMA for erection of

temporary structures has been granted and accordingly, the same were erected.

Failure to decide the application for more than 3 months is nothing but remiss /

dereliction in performance of duties by the GCZMA.

f) No specific statement is made as to when the construction was done.

g) That the structures are not adjacent to the sea or on the beach stretch but are on

the cliff at a height of Approx. 150 m and hence detriment to the costal ecosystem

does not arise.

h) That the legality of the constructions was examined by the Village Panchayat of

Anjuna pursuant to the directions of the Hon’ble High Court in SMWP No.

2/2006. The Panchayat issued 9 Show Cause Notice’s for violation of CRZ

Notification and after conducting due inquiry concluded that the said structures

were in existence since prior to 1991 and the same do not offend the CRZ

Notification. Out of the 9 structures, 2 structures existed in Sy. No. 223/ 1-A

which were used as store rooms and were in dilapidated condition have been

demolished somewhere in the year 2013 as no permission for repairs and

renovation was obtained.

i) After the exercise of examining the violation of the CRZ Notification by the

Village Panchayat and submitting the report to the Hon’ble High Court about the

same, issuance of Show Cause Notices by different Authorities is patently illegal.

The GCZMA which is a party to the said petition, cannot sit and act as an

appellant Authority over the Hon’ble High Court and the examine the issues

which are directly the subject matter of the said SMWP No. 2/2006.

9. It may be noted that the Complainant, Mr. Chandan Diukar, filed his counter reply /

rejoinder dated 29/01/2016 to the reply filed by Mr. Milton Marques wherein it is stated

as follows:

• That the complaint dated 07/12/2015 is restricted specifically to a ground

plus one permanent structure; 7-8 permanent cottages, Restaurant and

permanent structurews alon with Stircase leading to the beach, being

constructed recently in September 2015 by said Mr. Milton Marques in Sy.

No. 223/1-A within 10-50 m of HTL.

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• The preliminary objections raised by Mr. Milton Marques are devoid of

any merit and substance.

• The purported permission dated 10/05/1994 issued by the erstwhile

GSCCE and the plan annexed thereto does not at all relate to the structures

as complained of in the complaint dated 07/12/2015. The plan annexed to

the permission dated 10/05/1994 refers to a proposed renovation of

existing houses in Sy. No. 223/1-A which is not a subject matter of

Complaint dated 07/12/2015. What has been complained of are the

structures constructed recently in Sy. No. 223/1-A which are constructed

very close to the High Tie Line (HTL). It is pertinent to note that even the

site plan annexed to the purported permission dated 10/05/1994 shows the

said area in Sy. No. 223/1-A as vacant.

• That said Mr. Marques has neither placed on record the conversion Sanad

nor the license from the Village Panchayat nor the Occupancy Certificate

as stipulated in clause (3), (4) and (8) of the purported permission dated

10/05/1994.

• A perusal of the photographs annexed to the complaint as also physical

verification of the said illegal structures would clearly demonstrate that the

said structures are permanent structures and by no stretch of imagination

could be termed as the temporary structures.

• That the principle of deemed permission from GCZMA is unknown to law

and said Mr. Marques could have never obtained permission from the

GCZMA for erecting permanent structures within 10-50 m of HTL.

• That said Mr. Marques is conducting business activities in the illegal

structures recently constructed.

• That the letter dated 23/03/2011 of the Village Panchayat relied on by Mr.

Marques cannot give him license to undertake constructions in flagrant

violation of the CRZ Notification. Such letters are obtained in collusion

with the Village Panchayat.

• The constructions complained of in the complaint letter dated 07/12/2015

refers to the recent constructions undertaken in September 2015.

10. It may be further noted that Mr. Milton Marques has filed his Sur- Rejoinder dated

29/01/2016 to the rejoinder filed by Mr. Chandan Diukar which interalia states as

follows:

• That the annexures filed before the Hon’ble NGT having not been served and

as such is unable to deal with the same.

• That all together there are only six structures in the property bearing Sy. No.

223/1-A out of which one structure is in existence prior to 1991 and the same

is repaired / renovated in the year 1994 pursuant to the permission granted by

erstwhile GSCCE. The other five structures are temporary structures erection

of which erection of which is already explained in the reply dated 27/01/2016

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filed on 28/01/2016. As far as the staircase is concerned the same is existing

in site since time immemorial and passes through various properties belonging

to different persons and is used by the public to access the beach. The said

staircase is maintained by the Panchayat and was extensively repaired by the

Zilla Panchayat somewhere in the year 2004.

• The issue before the GCZMA being limited to violation of the CRZ

Notification the question of producing all other permissions such as

Conversion Sanad, Licence and Occupancy certificate from the Village

Panchayat does not arise.

• That the structures being legal and having obtained all the necessary

permissions from the concerned authorities in respect of the activity , the

objections that no commercial activities is permissible within the Coastal

Regulation Zone (CRZ) is frivolous and devoid of any merit.

• That the letter dated 23/03/2011 is very much relevant to demonstrate that the

issue had already been examined by the Village Panchayat which has also

concluded that the structures are in existence prior to 1991.

11. In view of the reply dated 27/01/2016 received from Mr. Milton Marques, rejoinder

dated 29/01/2016 of Mr. Chandan Diukar and Sur – rejoinder dated 29/01/2016 from Mr.

Milton Marques the matter along with the Reply is placed before the Authority for final

decision in the matter.

Copies of the reply dated 27/01/2016, rejoinder dated 29/01/2016 and Sur – rejoinder

dated 29/01/2016 was enclosed with the Agenda Item as Annexure ‘IV colly’.

Case No. 2.4:

To discuss and decide on the complaint pertaining to alleged illegal construction of Bar and

Restaurant and new construction in the form of resort / structure being carried out by Mr.

Diago Constancio D’souza in the property bearing Sy. No. 15/1-A and 15/2 of Village

Tiracol, Pernem-Goa.

1. The Office of Goa Coastal Zone Management Authority (herein after referred to as ‘the

GCZMA’, in short) was in receipt of a Complaint letter dated 26/10/2015 received from

Mr. Savio Rodrigues with regard to the alleged illegal construction of Bar and Restaurant

and new construction of a resort in the property bearing Sy. No. 15/1-A and 15/2 of

Village Tiracol, Pernem-Goa within NDZ area being carried out by Mr. Diago

Constancio D’souza without obtaining prior permission / approval from the concerned

authorities.

2. Upon receipt of the said Complaint letter, a Show Cause Notice cum Stop Work Order

bearing no. GCZMA/N/ILLE-COMPL/15-16/110/1863 dated 02/11/2015 was issued by

GCZMA with a direction to stop the work with immediate effect and show cause as to

why a direction to demolish the structures and restore the land to its original condition

should not be issued with a direction to file his reply on or before 16/11/2015. However,

till date no reply has been received from said Mr. Diago Constancio D’souza.

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3. Mr. Savio Rodrigues subsequently filed an Application bearing No. 140/2015 before the

Hon’ble National Green Tribunal at Pune thereby challenging the alleged illegal

construction of Bar and Restaurant along with the ongoing additional construction of a

resort comprising of 20 rooms, restaurant, bar, swimming pool and other ultramodern

amenities in the property bearing Sy. No. 15/1-A and 15/2 of Village Tiracol, Pernem-

Goa.

4. The Hon’ble NGT, Pune vide Order dated 14/12/2015 was pleased to direct the GCZMA

to file report of the construction which is standing on site in question and with consent /

permission.

5. The Technical Officer alongwith the Jr. Scientific Assistant of GCZMA conducted site

inspection on 04/01/2016 and accordingly submitted its report dated 04/01/2016.

6. During site inspection the following observations were recorded at the site: -

A. General Site Condition:

a) The site is located on the hill of village Tiracol, Taluka Pernem – Goa.

b) The property is under Sy. No. 15/1 A & 15/2 of Village Tiracol, Taluka Pernem –

Goa.

c) The property has an access by a tar road and the road is running from the Tiracol

ferry point to Tiracol fort.

d) The property is surrounded by forest and few Residential houses.

e) The property lies within 100 mtrs. from HTL of river Tiracol. i.e N.D.Z.

f) On site there is a Bar & Restuarant, Incomplete Structure, Chapel and a

swimming pool and all these structures are constructed in the property under Sy.

No. 15/1 A of Village Tiracol- Pernem.

g) There is a residential house belonging to Mr. Sarto D’Souza in Sy.No. 15/2

h) The property has a compound wall of laterite stone with Iron Gate.

B. Bar and Restaurant:

a) The structure is of permanent nature with roof covered with mangalore tiles and this

structure is used as bar counter, kitchen and toilet.

b) There is a open permanent structure (without wall only slab and colums) and this

structure is further extended by corrugated sheets which are supported by steel poles

and both structures used as an open air restaurant.

c) The entire floor of the restaurant is of concrete and tiles are fixed on it.

C. Ongoing construction:

a) The ongoing construction consists of a structure with Ground and a first floor and it is

under construction, type of use of the building couldn’t be identified during the time

of inspection.

b) The building is externally finished but internal the structure is incomplete.

c) The swimming pool is been constructed is of permanent nature and is not yet

operated.

d) The ongoing work of construction of pathway and land scaping is in progress.

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e) The construction materials have been seen dumped in the plot.

f) No construction activity was found during the time of inspection.

7. In view of the above and taking into consideration the matter pending before the Hon’ble

NGT, Pune and the directions issued therein, the said matter was placed before the

Authority in its 124th

GCZMA Meeting held on 18/01/2016 for grant of personal hearing

to the parties wherein after detailed discussion and due deliberations and on considering

the oral submissions made by the Ld. Advocate for the alleged violator, the Authority

decided to grant 4 days time period to Mr. Diago D’Souza and directed to file detailed

reply along with relevant documents latest by Friday i.e. 22/01/2016 and incase of non –

receipt of any reply from Mr. Diago D’Souza within the stipulated time period the

Authority shall proceed with final decision in the matter.

8.Accordingly, Mr. Diago D’Souza filed his reply dated 22/01/2016 which interalia states as

follows:

a) The structure complained of is an old existing structure and is in existence prior to the

liberation of Goa and the same lies beyond 134 m from the Bank of River Tiracol.

b) No physical survey of the distance of the structure in question has been undertaken by

the Complainant or any other personnel of this Authority.

c) The structure in question is situated at a height of 320 m from the ground level being

a hill and the distance of the structure from the HTL taking in to consideration the

direction in which the crow flies would be 134 m and therefore it is outside the No

Development Zone (NDZ).

d) The Respondent further states that he has engaged the services of the surveyor for the

purpose of conducting the survey with the help of theodolite equipment which is

conducted on Sunday i.e 24/01/2016 and the Respondent shall place on record the

Report immediately upon receipt of the same and sought leave of the Authority to

permit the Respondent to file the Report.

e) The Respondent purchased a portion of the said property admeasuring 10, 787 Sq. m

together with the residential house existing therein vide Deed of Sale dated

21/06/1979.

f) The said property prior to its purchase was in possession and enjoyment of the

Respondent having his residential house bearing H. No. 620 in the said property.

g) The said property together with the structures existing therein have been clearly

identified in the plan / sketch annexed to the said Deed of Sale.

h) The structures were in existence prior to the purchase of the said properties. The

Respondent had constructed a small water tank only for the purpose of water

harvesting so as to use the water during summer as the property in question is at

higher altitude.

i) The water tank does not fit within the definition of a water pool leave alone a

swimming pool as falsely alleged. Further it is stated that the water tank is situated at

130 m from the HTL of the River.

j) The first floor came to be constructed with the valid permission obtained from the

Village Panchayat of Keri - Tiracol dated 04/03/1985.

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k) The Hotel “Hill Rock” Bar and Restaurant is also registered by the Department of

Tourism, Govt. of Goa under the provisions of the Tourist Trade Act, 1982 vide letter

dated 12/05/1992.

l) The said Hotel is also assessed for the payment of Goa Tax on luxuries in respect of

Hotels and lodging houses.

m) Pursuant to the inspection the Department of Tourism was pleased to issue a

certificate of registration of Hotel on 13/02/1990.

n) The Department of Fire Services has been pleased to grant NOC dated 31/01/2011.

o) The Department of Excise has also been pleased to grant licence and the same has

been renewed from time to time for the last more than 15 years.

p) No document is placed on record by the Complainant to establish that the structure in

question is situated in the NDZ.

q) The Respondent vide Application dated 08/10/2015 has also requested this Authority

for delineation of CRZ line for the purpose of giving clarity and to put to rest the

ambiguity.

r) The Zoning certificate has also been issued by the Town & Country Planning

Department, certifying that the property partly falls in the Settlement Zone and partly

as a natural cover and the said certificate does not make any reference that the same

falls in the NDZ.

s) The question of obtaining clearance under the Forest Conservation Act, 1980 or the

property being zoned as private forest is of no effect in light of the fact that the

structures have been in existence much prior to the liberation of Goa.

t) As the issue of the exact location of the alleged structure is in dispute and as it is the

case of the Respondent that the structure which is the subject matter of the complaint

lies beyond 100 m of the HTL, it is just and proper to appoint a surveyor with due

notice to the Respondent for a Joint inspection of the property.

u) That the Village Panchayat of Keri – Tiracol has already Initiated proceedings under

the Goa Panchayat Raj Act, 1994 and the rules made there under and the legality of

the structure in question has been called before the Court of the Director of

Panchayats.

9. In view of the reply dated 22/01/2016 received from Mr. Diago Constancio D’Souza, the

matter along with the Reply is placed before the Authority for final decision in the matter.

Copy of the reply dated 22/01/2016 was enclosed with the Agenda Item as Annexure

‘V’.

Case No. 2.5:

To discuss and decide on the complaint pertaining to alleged illegal construction of shops,

restaurant and the retaining wall by Mr. Peter Almeida / legal heirs in the property

bearing Sy. No. 212/11 of Village Anjuna, Bardez-Goa.

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Background:

1. The Office of the GCZMA was in receipt of a Complaint letter dated 30/07/2015 from

Mr. Surendra Govekar alongwith others with regard to the alleged illegal construction

of shops, restaurant and the retaining wall on nullah in the property bearing Sy. No.

212/11 of Village Anjuna, Bardez-Goa within NDZ area being carried out by Mr.

Peter Almeida without obtaining prior permission / approval from the concerned

authorities.

2. Upon receipt of the said Complaint letter, a Show Cause Notice cum Stop Work Order

bearing no. GCZMA/N/ILLE-COMPL/15-16/64/1109 dated 06/08/2015 was issued by

GCZMA with a direction to stop the work with immediate effect and show cause as to

why a direction to demolish the structures and restore the land to its original condition

should not be issued with a direction to file his reply on or before 21/08/2015.

3. The Office of GCZMA received another letter dated 13/08/2015 from Mr. Surendra

Govekar alongwith others informing GCZMA that Mr. Peter Almeida whose name is

shown in the Occupant column of Form I & XIV of Sy. No. 212/11 had expired and is

survived through his legal heirs namely Mr. Dominic Almeida and Mrs. Synthia

Almeida D’Souza alias Mrs. Christillia Almeida.

4. As directed, a reply dated 21/08/2015 was filed to the Show cause Notice cum Stop

Work Order dated 06/08/2015 by Mrs. Christina Almeida, the daughter-in-law of

deceased Mr. Peter Almeida whereby Mrs. Christina Almeida denied the allegations of

carrying out any illegal construction in the property mentioned bearing Sy. No. 212/11

of Village Anjuna, Bardez-Goa and requested for a personal hearing in the matter.

5. It may be noted that the Complaint letter further stated that the property where the

alleged illegal construction is being carried out belongs to the Department of Tourism,

Govt. of Goa / Goa Tourism Development Corporation.

6. In view of the same, GCZMA vide letter no. GCZMA/N/ILLE-COMPL/15-

16/64/1282 dated 28/08/2015 requested Department of Tourism and the Goa Tourism

Development Corporation to initiate necessary action in respect of the alleged illegal

construction which prima facie appeared to be carried out in the Government property

and submit report at the earliest inorder to enable this Authority to take further action

in the matter.

7. In the meantime, Mr. Surendra Govekar filed an Application bearing no. 100/2015

before the Hon’ble NGT, Pune thereby challenging the inaction on the part of the

various Respondents authorities in the Application including GCZMA against the

alleged illegal construction of shops, Bar & Restaurant with ground plus one structure

in the name and style “Sea Valley Bar & Restaurant” and retaining wall within 200

mts of HTL in CRZ-III in “No Development Zone” in Sy. No. 212/11 of Village

Anjuna, Bardez-Goa.

8. Taking into consideration the complaint filed before GCZMA and the Application

filed before the Hon’ble NGT, Pune, the site was inspected by the Technical Officer of

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GCZMA on 20/10/2015 and accordingly prepared and submitted his report which inter

alia in brief states as under: -

a) The site is located on the Anjuna Cliff which lies in the NDZ.

b) The site having Sy. No. 212/11 of Anjuna Village, Bardez-Goa is within

200 mtrs from the HTL.

c) There are shops, retaining wall of concrete, bar and restaurant which is a

G+ 1 structure.

d) All the structures are of permanent nature and in NDZ.

e) The Bar & Restaurant is G+1 structure, the floor is constructed of

concrete.

f) The structure is constructed on a cliff which has been cut and in step form.

The ground floor is below the road level.

g) The first floor has a base of concrete and is connected to the road by a

metal steel stair case.

h) The Bar & Restaurant has a toilet within the structre and the soak pit and

septic tank is constructed near the sea i.e within 50 mts, from the sea.

i) There is a retaining wall of concrete constructed towards the sea.

j) There are steps of concrete from the G+ 1 structure to the sea from rear

side of the Bar and Restaurant.

k) No documents were produced at the site inspection by the alleged violator

/ owner of the property.

l) The structure is in operation and commercial activities are being carried

out and have a name as “Café Sea Valley Restaurant”.

m) It is informed that the property under reference belongs to the Tourism

Department / GTDC and are required to take immediate action in respect

of the structures erected in the Government property.

9. The Application no. 100/2015 was taken up before the Hon’ble NGT, Pune on

18/11/2015. As per the order dated 18/11/2015, the Advocate appearing on behalf of

GCZMA submitted the inspection report dated 20/10/2015 which revealed that the

officials of GCZMA acted upon the complaint dated 13/08/2015 filed by the Applicant

in respect of the illegal constructions referred to in the Application and carried out

Inspection and had made observations as recorded in the inspection report dated 20th

October 2015. Further, made a statement that GCZMA shall duly consider the

complaint letter dated 13th August 2015 and take action that is due in accordance with

Law, within 8 weeks. Relying on this statement, learned counsel appearing on behalf

of Applicant submits that she no longer wish to pursue this Application and sought

withdrawal of the Application with liberty to challenge, if necessary, the outcome of

the action taken by the GCZMA. Accordingly, the Application No.100/2015 stood

dismissed as being withdrawn.

10. Accordingly, received a letter dated 07/12/2015 from Shri. Surendra Govekar & Smt.

Suhasini Govekar with a request to comply the order dated 18/11/2015 passed by the

Hon’ble NGT, Pune.

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11. In view of the above, the said matter was placed before the Authority after detailed

discussion and due deliberations and on considering the oral submissions made by the

Ld. Advocate for the legal heirs of Mr. Peter Almeida so also, the Complainant, the

Authority decided to grant 4 days time period to the alleged Violator and directed to

file detailed reply along with relevant documents latest by Friday i.e. 22/01/2016 with

further direction to the Complainant to file his counter reply latest by Wednesday i.e.

27/01/2016. The same is agreed by both the parties. The Authority further decided that

incase of non – receipt of any reply from the legal heirs of Mr. Peter Almeida within

the stipulated time period the Authority shall proceed with final decision in the matter.

Further considering the fact that the property under reference belongs to GTDC, the

Authority also decided to direct the GTDC to take simultaneous action against all the

illegal structures erected in their properties.

12. It may be noted that the Office of the GCZMA had earlier issued letters bearing No.

GCZMA/N/ILLE-COMPL/15-16/64/1282 dated 28/08/2015 and letter bearing No.

GCZMA/N/ILLE-COMPL/15-16/64/2032 dated 01/12/2015 directing the Department

of Tourism and Goa Tourism Development Corporation (GTDC) to initiate necessary

action against the illegal construction in the Government property and report

accordingly inorder to enable the Authority to take further necessary action in the

matter.

13. The said letters were accordingly replied by the Office of the GTDC vide letter No.

2/5/5-27/06/GT/HE/3458 dated 09/12/2015 whereby GTDC informed that the area

acquired by the Government at Anjuna is from Sy. No. 206 (Part), 210/5, 211/2 to 8,

212/1 to 11 and the Department of Tourism transferred the above properties at Anjuna

to GTDC. As per the land records the total area of the Sy. No. 212/11 of Anjuna is

4125 sq. m and out of which the Department of Tourism has acquired 3900 sq. m and

the balance area of 225 sq. m has remained unacquired and as such the name of

Department of Tourism and one Mr. Peter Almeida has been recorded in the occupants

column of Form I & XIV of Village Anjuna. Further, inorder to ascertain whether the

alleged illegal construction is carried out in the GTDC / Government property the

Office has decided to get the area demarcated from the Office of ISLR, Mapusa – Goa

and accordingly, filed an application for demarcation of the property bearing Sy. No.

212/11 of Village Anjuna before the Deputy Collector of Bardez and the same is

pending.

14. As decided in the 124th

meeting of the GCZMA held on 18/01/2015 the office of the

GCZMA issued another letter bearing No. GCZMA/N/ILLE-COMPL/15-16/64/2519

dated 25/01/2016 to GTDC to initiate necessary action simultaneously against all the

alleged illegal constructions / encroachments if any found to be carried out in the

GTDC Property after completion of the demarcation proceedings.

15. Accordingly, the legal heir of Mr. Peter Almeida i.e. Cynthia Almeida filed their reply

dated 22/01/2016 which interalia states as follows:

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a) The alleged structures were constructed by the late Father in law Mr. Peter Almeida

in the year 1977 – 78 and the same is existing in the suit property from many years

i.e prior to 1990 which is evident from the old records of the Panchayat.

b) The Respondent states that the site inspection report dated 20/10/2015 is disputed as

the same was conducted in the absence of the Respondent as no notice was given to

any person against whom the Complaint is filed.

c) That the site inspection report does not mention the age of the structure, whether it

has been carried out on the existing structure or on the existing plinth or a new

construction.

d) The site inspection report has got several flaws as it is evident from the bare perusal

of Form I & XIV wherein the grant total area of the property is shown as 4125 Sq. m

and that the alleged acquisition is shown to the area of 3900 Sq. m hence there is no

clear identification in which area the alleged illegal construction is done in violation

of CRZ laws.

e) The site inspection conducted by the Talathi for Village Anjuna clearly mentions of

the existing structure and no new construction has been done in the said property.

f) The glimpse of the Google images produced by the Complainant shows that the latest

photographs are the zoomed photographs and the earlier ones are from the distance

and therefore same cannot be relied upon at any rate and the same is disputed.

g) The Respondent further submitted that assuming without admitting the said structure

requires construction permission despite the same being an age old construction, it is

stated that all structures constructed without permission need not be demolished if the

same can be regularized as per the principle laid down by the Hon’ble Supreme Court

in the case of Sayyed Muzzafar Ali and Ors. V/s. Municipal Corporation of Delhi

(1995 Supp(4) SCC 426), similarly the Hon’ble High Court of Bombay in the matter

of Maneklal L Shah Kothari V/s. Municipal Corporation reported in 2014 (1) ALL

MR 194 has held that the Authorities are required to pass a reasoned order as to

whether the structure described is capable of being regularized apparently in the event

it is found to be illegal.

h) The Respondent states that though this Hon’ble Authority send a notice of personal

hearing, however this Hon’ble Authority have not disclose their intensions as to

which point the Authority is not satisfied to prove and / or disapprove the legality of

the structure and therefore the Respondent was not in a position to explain on what

reasons the authority was not satisfied and hence the very purpose of the personal

hearing is defeated.

13. Also, Mr. Surendra Govekar filed his counter reply / rejoinder dated 01/02/2016

inwarded on 02/02/2016 which inter alia in brief states as follows:

� That the Complainant came to know first time of the illegal construction of

shop, Bar and Restaurant, G+1 building and retaining wall carried out by Mr.

Domnic Almeida and his wife Synthia Almeida somewhere in the last week of

July 2015 without obtaining any prior permission from the Panchayat, GCZMA,

other concerned Authorities.

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� That in the matter of Aleixo Pereira V/s Department of Tourism bearing

Application No. 3/2014 directions were issued by the GCZMA, directing the

Village Panchayats not to issue any license / permissions for any Resort /

temporary structures and or shacks / huts within the jurisdiction of Coastal

Village Panchayats and ensure that the temporary shacks /structures are not

erected within CRZ area without prior approval of GCZMA as required under

CRZ Notification, 2011.

� That the violators has recently constructed new building G+1, shop and

retaining wall in Sy. No. 212/11 of Village Anjuna at Anjuna beach for the

purpose of using the same as “Bar & Restaurant”, shop and retaining wall. As

per the Google mapping image of year 2003 and survey plan shows that no

structure or residential house or coconut lodge was existing in the said plot and

said plot was barren land. The said building (G+1) is totally a new permanent

construction without prior permission from GCZMA, Panchayat and without

prior permission from other Planning Authority’s and in violation of CRZ

Notification 1991 & 2011.

� That the land bearing to Mr. Peter Almeida, Mr. Nelson Almeida and Alfredo

Almeida surveyed under Sy. No. 212/11 of Village Anjuna was acquired and

taken possession by the Department of Tourism for development of Anjuna

Beach for a total area of 3900 sq. m excluding are of public footpath

admeasuring area of 175 sq. m and accordingly compensation was awarded to r.

Peter Almeida, Mr. Nelson Almeida and Alfredo Almeida.

� That the said illegal construction of Restaurant, shop and retaining wall is

carried out in Sy. No. 212/11 as an encroachment on Government land

belonging to GTDC and is the beach front prime property at Anjuna beach of

Village Anjuna which falls within 200 m of HTL.

� That the Village of Anjuna is demarcated as CRZ III as per the CZMP. The

property is coming within NDZ area wherein only repairs / reconstruction of

existing authorized structures are permitted and that the Hotel / Restaurant and

shops of permanent nature used for commercial purpose are not permissible in

NDZ area.

� That besides the property bearing Sy. No. 212/11 many other adjoining

properties belonging to landlords were also acquired.

� That during the land acquisition proceedings, notices were issued to the

respective landlords alongwith Mr. Peter Almeida. However, no objections of

any nature was filed by Mr. Peter Almeida and only Shri. Damodar Arjun Naik

Owner of Sy. No. 212/8 objected for the proposed acquisition on the ground that

his residential house is situated in the said property.

� Rather than the said residential house belonging to Shri. Damodar Arjun Naik

in Sy. No. 212/8 there was not a single structure of any nature or residential

house or coconut lodge at any point of time in the property bearing Sy. No.

212/11 which is a barren land.

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� That the valuation report dated 19/03/1982 submitted by the Executive Engineer

of PWD shows that there was not a single structure of any nature belonging to

Mr. Peter Almeida in Sy. No. 212/11.

� That a list of questions was served on Mr. Peter Almeida by land acquisition

Officer inviting objections if any and the same was replied through his

Advocate wherein no mention was made about the existence of any structure /

coconut lodge / residential house in Sy. No. 212/11 and at point No. 7 of the

reply to the list of questions it was mentioned that the said land is not put to

use.

� That said Mr. Peter Almeida never challenged the award dated 30/03/1984

which has attained finality.

� That Form I & XIV of survey having entries, have only presumptive value in

the eyes of law and cannot be considered as ownership document.

� That the description of assets list in the Inventory proceedings bearing No.

83/2003 filed by Mr. Peter Almeida reveals that as per schedule of Item No.11

boundaries mentioned therein at the South of the property in Sy. No. 212/11 are

same boundaries (on south by public road and Nala) that of acquired property

by the Government.

� That even the description of property in the said Inventory Proceedings at Item

No. 11 makes it clear that the said land was barren land and do not mention

anything about the structure such as coconut lodge / residential lhouse existing

therein.

� That from 24/06/1982 the said land is vested absolutely in the possession of the

Government free from all encumbrances.\

� That Mr. Peter Almeida in his reply to the list of questions stated that the

property bearing Sy. No. 212/11 consists of properties surveyed under nos.

3307, 3308, 3309 and 3463 under cadastral survey (old survey). Even that

cadastral plan (old plan) does not show any existing structure in the said

property and shows land as barren land.

� That as per Order of the Hon’ble High Court of Bombay at Goa in W.P. No.

150/1998 and S.MW.P No. 2/2006 in the year 2006 survey was conducted of

Village Anjuna in CRZ – III area and information collected from DSLR reveals

that a small sized structure which is a new construction in Sy. No. 212/11 has

come up towards the southern side of the property towards the nallah and within

the road widening area.

� That said Mr. Domnic Almeida and Mrs. Synthia Almeida by fraud and by

misusing the NOC and by taking advantage of common surname “Almeida”

obtained permanent single phase commercial electricity connection in the name

of Mr. Janvario Almeida for the said illegal small shop located in Sy. No.

212/11 on 16/01/2007.

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� That Mr. Domnic Almeida and Mrs. Synthia Almeida by taking advantage of B

Class area shown in Form I & XIV of Sy. No. 212/11 which in reality is a

public footpath thereby trying to grab the said land belonging to the GTDC.

� That the Report dated 10/08/2015 submitted by the Talathi is erroneous,

fabricated without any supporting documents to show that repair / renovation

was carried out to the existing structure.

10. In view of the reply dated 22/01/2016 received from Cynthia Almeida and the counter

reply / rejoinder filed by Mr. Surendra Govekar, the matter along with the Reply and the

rejoinder is placed before the Authority for final decision in the matter.

Copy of the reply dated 22/01/2016 and the counter reply / rejoinder dated 01/02/2016

were enclosed with the Agenda Item as Annexure ‘VI colly’.

Case No. 2.6:

To discuss and decide on the request of Shri. Pritidas Sawant for grant of NOC for

reconstruction of the existing house in Sy. No. 362/11 of Village Anjuna, Bardez-Goa

and the communication dated 30/07/2014 of the GCZMA in compliance with the

directions of the Hon’ble NGT, Pune issued in the matter of Shri. Kamlakant

Redkar & anr. V/s State of Goa & ors. bearing Application No. 110/2014.

Background:


the ‘GCZMA’ in short) was in receipt of an Application dated nil inwarded

24/09/2012 from one Mr. Pritidas Sawant, R/o H.No. 416, Dabhol; Wado, Chapora,

Bardez-Goa with a request for grant of NOC for reconstruction of the house in the

property bearing Sy. No. 362/11 of Village Anjuna, Bardez-Goa thereby enclosing

the relevant documents.

2. Upon receipt of the Application, the site was inspected by the member of GCZMA

Dr. A.G. Untawale on 05/10/2012 and accordingly submitted its report which in brief

states as under:

� The use of the land is residential / settlement.

� The existing old residential house / structure is situated within 100 mts from

the HTL of River Chapora.

� Existing house plan showing the plinth area may be requested.

� Proposed plan showing the reconstruction plan may be submitted.

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3. The matter proposal was taken up before the Authority in its 75th

meeting held on

29/11/2012. The Authority after discussion and due deliberation, granted its approval

for reconstruction only of the existing house in Sy. No. 362/11 of Anjuna Village not

exceeding existing FSI, existing plinth area and existing density and further subject

to the confirmation with the local building bye laws. The permission was granted as

per the provisions of Rule 6(1) (d) of the CRZ Notification 2011 and should be used

only for bonafide personal use and that the reconstructed structure should under no

condition whatsoever, be used for any commercial activity. Accordingly, vide letter

bearing no. GCZMA/N/12-13/53/1183 dated 14/12/2012 the Office of GCZMA

conveyed its approval to said Mr. Pritidas Sawant.

4. Thereafter, received another Application dated 26/05/2014 from Mr. Pritidas Sawant

for grant of NOC for reconstruction of the existing house in Sy. No. 362/11 of

Anjuna Village. The said letter stated that pursuant to the NOC granted by GCZMA,

Mr. Pritidas Sawant submitted plans to the TCP Department for obtaining technical

clearance. Inorder to comply with the TCP Regulations, Mr. Pritidas Sawant

intended to reconstruct the house by maintaining proper setback to the road and for

this purpose the location of the proposed house is required to be shifted to the

southward side. And as such requested for grant of approval for shifting of location

of the proposed house as indicated in the plan.

5. Accordingly, the Office of GCZMA vide letter no. GCZMA/N/12-13/53/866 dated

30/07/2014 informed Mr. Pritidas Sawant to ensure that reconstruction of existing

authorized structure shall not exceed existing floor Space Index, existing plinth area

and existing density etc and further to follow the existing planning norms, laws etc

and the CRZ Notification, 2011. Infact the said letter was issued inviting his attention

to the legal provision of the CRZ Notification 2011

6. However, an Application bearing no. 110/2014 was filed before the Hon’ble NGT,

PUne by Mr. Kamlakant Redkar against the State of Goa & ors thereby challenging

the permission granted by the GCZMA for reconstruction of the existing house in Sy.

No. 362/11 of Village Anjunaa, Bardez-Goa and subsequent letter dated 30/07/2014

issued by GCZMA.

7. The Hon’ble NGT, Pune after hearing the parties at lenghth delivered its Judgement

on 08/01/2016. Vide said Judgement dated 08/01/2016, the Hon’ble NGT, Pune

deemed it proper to hold that the communication of the Member Secretary of

GCZMA dated 30/07/2014 is issued without the necessary approval of the GCZMA

Authority and therefore thought that it would be appropriate to remand the the matter

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back to GCZMA for re-consideration of the request of the Respondent No. 5 on its

own merits without any prejudice and till such time, the communication of GCZMA

dated 30/07/2014 is kept in abeyance with further liberty to the Respondent No. 5 i.e.

(Mr. Pritidas Sawant) to file any additional documents which are required for such

consideration by GCZMA within 2 weeks and GCZMA to take further decision

expeditiously within a period of 4 weeks taking into consideration the relevant facts

and provisions of CRZ Notification and pass a reasoned speaking order.

8. It may be noted that no additional documents are received from Mr. Pritidas Sawant

within the time period stipulated by the Hon’ble NGT, Pune.

9. In view of the above facts and the directions issued by the Hon’ble NGT, Pune the

matter is placed before the Authority for discussion and decision in the matter.

Copy of the Application dated 24/09/2012 for grant of NOC for reconstruction of the

house alongwith the required documents, Site inspection report dated 05/10/2012,

permission letter dated 14/12/2012, application dated 26/05/2014 received from Mr.

Pritidas Sawant, letter dated 30/07/2014 issued by GCZMA and the Judgement dated

08/01/2016 was enclosed with the Agenda Item as Annexure ‘VII colly’.

Item No.3 (Approval for the Community Projects)

The GCZMA was in receipt of following project proposals / applications pertaining

to the community projects from the concerned Government Departments / Autonomous

bodies / local bodies, seeking clearance / NOC from this Authority under the CRZ

Notification 2011, as ammended.

In view of the above, following cases / applications received from various project

proponents / applicants were placed before the GCZMA for deliberation and decision:

Case No. 3.1

NOC/Permission for construction of 7.50 MLD Sewage Treatment Plant in the property

bearing Sy. Nos. 25/14, 15 and 16 at Colva Village, Salcete Taluka by M/s. Sewerage

Infrastructure Dev. Corporation of Goa Ltd., Panaji - Goa.

Background: The project proposal is received from M/s. Sewage Infrastructure Dev.

Corporation of Goa Ltd., Panaji - Goa vide letter No. SIDCGL/TECH-12/4968/15-16 dated

13/11/2015 seeking approval of the GCZMA for construction of 7.50 MLD Sewage Treatment

Plant in the property bearing Sy. Nos. 25/14, 15 and 16 at Colva Village, Salcete - Goa. The

project proponent has submitted a copy of NOC dated 25/05/2015 issued by the Directorate of

Sports & Youth Affairs. The proposed area for the project is 5650.00 Sq. m. Expected cost for

the said project is Rs. 21.99 Crores. The name of Directorate of Sports & Youth Affairs,

Government of Goa is reflected in Form I & XIV.

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Site Inspection: The site was inspected by Shri. Ragunath Dhume, Expert Member (GCZMA)

on 15/12/2015. The site inspection report indicates that there exists a football ground and paddy

fields in the adjoining properties. The existing land is paddy field (uncultivated). There exists an

access. The proposed plot falls between 200 to 500 m from the HTL. There exists labour huts

within the plot. The work of soil testing boring was carried out at site. The property belongs to

Directorate of Sports & Youth Affairs, Government of Goa and the project proponent has

obtained NOC from the owner. The treated water will be released in Sea 500 m from the shore.

There is a foot ball ground adjacent to the site. The treated water will be taken from the sewage

treatment plant from pipe from the road adjacent to Star Beach Resort. Project proponent did not

submit consent of Pollution Board. The proposed project involves 14 tanks having depth from

750 mm to 2000 mm of RCC Material. Copy of the site inspection report was enclosed with the

Agenda Item as Annexure ‘VIII’.

Subsequently, a complaint letter dated 14/12/2015 from Colva Civic And Consumer Forum,

Colva, Salcete – Goa informing that GSIDC (contractors) are carrying out illegal digging all over

to set up common Sewage Treatment Plant adjacent to Colva Playground within 200 to 500 m of

HTL.

The said matter was placed in the 124th

GCZMA meeting held on 18/01/2016 wherein after

detailed discussion and due deliberations and on considering the report of the site inspection

conducted by Shri. Ragunath Dhume, Expert Member (GCZMA), the Authority decided to defer

the proposal for want of clarification from the project proponent in respect of detailed alignment

of the pipeline including mode of disposal of treated waste water and further decided to call the

project proponent, M/s. Sewage Infrastructure Dev. Corporation of Goa Ltd. for technical

presentation before the Authority with regard to the proposed project proposal of construction of

7.50 MLD Sewage Treatment Plant in the property bearing Sy. Nos. 25/14, 15 and 16 at Colva

Village, Salcete – Goa during the next meeting of the Authority.

Accordingly, in view of the above, the matter is placed for technical presentation by M/s.

Sewage Infrastructure Dev. Corporation of Goa Ltd. with regard to the proposed project proposal

of construction of 7.50 MLD Sewage Treatment Plant in the property bearing Sy. Nos. 25/14, 15

and 16 at Colva Village, Salcete – Goa.

The Authority may deliberate and decide.

Case No. 3.2

NOC/Permission for construction of 1.0 MLD Sewage Treatment Plant in the property

bearing Sy. No. 6/8 at Durbhat, Ponda Taluka by M/s. Sewerage Infrastructure Dev.

Corporation of Goa Ltd., Panaji - Goa.

Background: The project proposal is received from M/s. Sewerage Infrastructure Dev.

Corporation of Goa Ltd., Panaji - Goa vide letter No. SIDCGL/TECH-12/5110/15-16 dated

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24/12/2015 seeking approval of the GCZMA for construction of 1.0 MLD Sewage Treatment

Plant in the property bearing Sy. No. 6/8 at Durbhat, Ponda - Goa. The project proponent has

submitted a copy of NOC dated 19/05/2015 issued by the Village Panchayat Durbhat, Durbhat,

Ponda – Goa and also submitted a copy of NOC issued by a Sociedade Civil E Particular Dos

Pescadores De Durbhat, Ponda - Goa. The proposed area for the project is 1200.00 Sq. m.

Expected cost for the said project is Rs. 3.96 Crores. The name of Sociedade Civil E Particular

Dos Pescadores De Durbhat is reflected in Form I & XIV.

Site Inspection: The site was inspected by Shri. Ragunath Dhume, Expert Member (GCZMA)

on 13/01/2016. The site inspection report indicates that the adjoining properties has parking lot,

shops. The existing land is vacant. The proposed plot is within HTL. There is no structure within

the plot. Land filling (reclamation) was observed at site during site inspection. The property is

reclaimed by using laterite soil. There were evidence of mangrove cutting. Retaining wall

construction was ongoing during the site inspection. The site is adjacent to water body which is

influenced by tide. The property is owned by Sociedade Civil E Particular Dos Pescadores De

Durbhat and NOC for Sewage Treatment Plant is given by the owners to SIDCGL. The project

has NOC from the Village Panchayat Durbhat for construction of the plant and also for

networking. The property is cultivable area as per Form I & XIV and no conversion certificate

produced by the project proponent. There exists a retaining wall on road side built by the WRD

fro prevention of erosion of road. Copy of the site inspection report was enclosed with the

Agenda Item as Annexure ‘IX’.

In this regard, the representatives of the project proponent are requested to make a

detailed technical presentation before the Authority.


Item No. 4:

Case No. 4.1

NOC for proposed repair and reconstruction of house bearing H. No. 6/203/A in the

property bearing Sy. No. 211/1, Calangute, Bardez Taluka by Mr. Felix Fernandes.

Background: The Applicant has sought permission / NOC to carry out repair and reconstruction

of house bearing H. No. 6/203/A in the property bearing Sy. No. 211/1, Calangute, Bardez –

Goa. The applicant has submitted a copy of the letter bearing No. VP/CAL/F-44/93-94/1065

dated 08/09/1993 issued by the Village Panchayat of Calangute stating that the said house has

been registered in the name of Natal Maria Fernandes from the year 1978-79 to 1988-89 and

from 1989-90 onwards till date has been registered in the name of Felix Fernandes. The applicant

has also submitted a copy of NOC/ Permission bearing No. GCZMA/N/1/07/17/2583 dated

14/06/2007 issued by the GCZMA for the proposed repair and renovation of the said house and

has also submitted electricity and water supply bill payment receipts.

Site Inspection Report: The site was inspected by Dr. Antonio Mascarenhas, Expert Member

(GCZMA) on 20/02/2015. The inspection report indicates that there exists houses in the vicinity.

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The existing land use is settlement. There exists an access by village road. There exists scanty

vegetation. The distance from the HTL is not known / DSLR plan not attached. There exists an

old house within the plot. The applicant is Mr. Felix Fernandes. The property is in the name of 4

people (Lobo’s). The Form I & XIV is not attached; but there is a certificate by the Mamlatdar

showing a structure in the name of Peter Fernandes. DSLR plan is not attached, as such distance

from the HTL is not known. It appears that this case has an approval from the GCZMA in 2007,

where permission is granted only for repairs and renovation. Copy of the site inspection report

was enclosed with the Agenda Item as Annexure ‘X’.


Case No. 4.2

NOC for proposed repairs and renovation of house bearing H. No. 409 in the property

bearing Sy. No. 362/4, Anjuna, Bardez Taluka by Mr. Mohan S. Naik

Background: The Applicants has sought permission / NOC to carry out repairs and renovation

of house bearing H. No. 409 in the property bearing Sy. No. 362/4, Anjuna, Bardez – Goa. The

applicant has submitted a copy of Deed of Gift (with respect to the Sy. No. 362/4, Anjuna,

Bardez along with the house bearing No. 409) between Mr. Narayan S. Naik alias Uday S. Naik

(referred to as ‘the Donor’) and Mr. Mohan S. Naik and his wife, Mrs. Vijaya M. Naik (referred

to as ‘the Donees’). The name of the applicant is reflected in Form I & XIV.

Site Inspection Report: The site was inspected by Shri. Ragunath Dhume, Expert Member

(GCZMA) on 02/12/2015. The inspection report indicates that the existing land is residential /

settlement. The said plot falls within 100 m from the HTL of River Chapora. There exists a

structure within the plot in dilapidated condition. This is CRZ –III. Presently, there exists a house

in dilapidated condition. House is on the landward side of existing PWD Road. Copy of the site

inspection report was enclosed with the Agenda Item as Annexure ‘XI’.


Case No. 4.3

NOC for proposed repairs and renovation of house bearing H. No. 549 in the property

bearing Sy. No. 76/0 (part), Penha de Franca, Bardez Taluka by Mrs. Piedade Colaco.

Background: The Applicants has sought permission / NOC to carry out repairs and renovation

of house bearing H. No. 549 in the property bearing Sy. No. 76/0 (part), Penha de Franca, Bardez

– Goa. The applicant has submitted a copy of Deed of Sale between Ms. Alina Leonildes Teresa

Rodrigues Fernandes alias Alina Fernandes & 13 Ors. (referred to as ‘the Sellers’) and Mrs.

Piedade Colaco (referred to as ‘the Purchaser’). The name of the applicant is reflected in Form I

& XIV.


(GCZMA) on 02/12/2015. The inspection report indicates that the existing land is residential /

settlement. The said plot falls within 100 m from the HTL of River Mandovi. There exists a

residential house with mangalorean tiles within the plot. This is CRZ –III. Presently, there exists

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a house with mangalorean tiles. House is on the landward side of existing Road. Copy of the site

inspection report was enclosed with the Agenda Item as Annexure ‘XII’.


Case No. 4.4

NOC for proposed Construction of residential house in the property bearing Sy. No. 111/8,

Candolim, Bardez Taluka by Mrs. Tereza Fernandes.

Background: The Applicants has sought permission / NOC to carry out Construction of

residential house in the property bearing Sy. No. 111/8, Candolim, Bardez – Goa. The applicant

has submitted a copy of a zoning certificate issued by the NGPDA dated 15/06/2015 stating that

the property bearing Sy. No. 111/8, Candolim is a settlement zone as per RPG 2001 and 2021 of

Candolim Village, a copy of letter issued by the DSLR dated 08/05/2015 wherein it is stated that

the said property is falling in the zone of 200 to 500 m from the HTL as extracted from the

certified CRZ map of Candolim Village and also submitted a caste certificate issued by the

Deputy Collector & S.D.M stating that Mrs. Tereza Fernandes belongs to Christian Kharvi

Community. The applicant has also submitted a deed of Gift between Mr. Cecil Fernandes &

Anr. (referred to as the Donors) and Mrs. Tereza Fernandes (referred to as the Donee). The name

of the applicant is reflected in Form I & XIV.


(GCZMA) on 02/12/2015. The inspection report indicates that the existing land is vacant. The

proposed plot falls beyond 200 m from the HTL. Plot is vacant. This is CRZ – III area. It is

beyond 200 m from the HTL. It is settlement as per RP 2001 & 2021 of Candolim Village. It is

also surrounded by residential houses. Applicant proposes new residential house. Authority to

decide. Copy of the site inspection report was enclosed with the Agenda Item as Annexure

‘XIII’.


Case No. 4.5

NOC for proposed construction of residential house in the property bearing Survey No.

180/10 of Poinguinim Village, Canacona Taluka by Mr. Anthony Baretto.

Background: The Applicant has sought permission / NOC to carry out construction of

residential house in the property bearing Survey No. 180/10 of Poinguinim Village, Canacona –

Goa. The applicant’s name is reflected in Form I & XIV.


(GCZMA) on 15/04/2015. The inspection report indicates that there exists an access by road.

There exists mixed vegetation. The distance from the HTL is not shown in DSLR plan, but the

plot is close to the 500 m boundary. The plot is in the name of the applicant Mr. A. Baretto as

shown in Form I & XIV. The DSLR plan does not show any structures in the plot in which the

new house is proposed. The new house plans will have to abide by the TCP regulations. The plot

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is located merely 500 m from the HTL. Copy of the site inspection report was enclosed with the

Agenda Item as Annexure ‘XIV’.


Case No. 4.6

NOC for proposed repair / reconstruction of house bearing H. No. 1518 in the property

bearing Sy. No. 312/5, Loliem Village, Canacona Taluka by Mr. Balkrishna Kushta

Kudtarkar.

Background: The Applicants has sought permission / NOC to carry out repair / reconstruction

of house bearing H. No. 1518 in the property bearing Sy. No. 312/5, Loliem Village, Canacona –

Goa. The Structure / house is shown on DSLR Plan. The name of Mr. Mahesh V. Aiya and

Sushila Ganesh Aiya is reflected in Form I & XIV.


(GCZMA) on 24/02/2015. The inspection report indicates that there exists an access by a narrow

road. There exists mixed vegetation. The said plot is about 50 m distance from the HTL based on

the DSLR plan. There exists an old house within the plot. The applicants antecedents are not

known. The plot belongs to individuals other than the applicant. The applicant has to explain the

discrepancy / whether the plot is brought / or whether he is the tenant. NOC / Sale Deed if any,

are not attached. This case needs to be reviewed, as an old house already exists, and also shown

in the DSLR Plan.

Accordingly, based upon the discrepancies observed in the site inspection report dated -

24/02/2015, the said application was rejected vide letter bearing No. GCZMA/S/14-15/61/1219

dated 20/08/2015.

Subsequently, the applicant, Mr. Balkrishna Kushta Kudtarkar vide letter dated 01/12/2015

submitted as follows:

1) He belongs to a Traditional Coastal Fisherfolk Community (Identification Card enclosed).

2) There exists his ancestral house in the said plot.

3) The said house is in need for urgent repairs / reconstruction.

The applicant alongwith the said letter has now submitted a copy of the certificate dated

29/11/2015 issued by the Village Panchayat of Loliem – Polem wherein it is stated that the house

bearing No. 1518 was entered in the name of Kushta Bondo Pagui, in the year 1964-65, vide H.

No. 09 and in the year 1990 – 1991 the same house was transferred in the name of Balkrishna

Kushta Kudtarkar and till now is standing in the same name and also submitted an Affidavit Cum

NOC issued by Mr. Mahesh Aiya stating that he is the owner of the said property bearing Sy.

No. 312/5, Loliem – Polem and there exists a mundkarial house bearing H. No. 1518 which

originally belonged to late Kushta B. Pagui and is now occupied by his only son Shri. Balkrishna

Kudtarkar and his family members and further stating that he has no objection for undertaking

the repairs to the said house. The applicant has also submitted Land Use Zoning Information

dated 09/10/2013 issued by the Town & Country Planning Department wherein it is stated that

as per the Regional Plan for Goa 2001 (the reference plan) the plot under reference earmarked as

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Settlement Zone and as per the Regional Plan for Goa 2021 (kept on hold) the plot under

reference earmarked as Settlement Zone. The plot falls within 200 m of HTL of Arabian Sea.

Copy of the site inspection report, Certificate of Village Panchayat and Affidavit Cum NOC

issued by Mr. Mahesh Aiya was enclosed with the Agenda Item as Annexure ‘XV’.


Case No. 4.7

NOC for proposed construction of residential house in the property bearing Chalta No. 71

of P.T.S No. 175 of Vasco city of Mormugao Taluka by Mr. Jogi Thomas.

Background: The Applicant had sought permission / NOC to carry out construction of

residential house in the property bearing Chalta No. 71 of P.T.S No. 175 of Vasco city of

Mormugao – Goa. The applicant’s name is reflected in Form I & XIV. This is a CRZ – II Zone

of Vasco city.

Subsequently, the said site was inspected earlier by Mr. A.G.Untawale, then Expert

Member, GCZMA on 28/03/2012 wherein it was stated that the said plot falls in CRZ – II zone

of the Vasco city. There exists an old house within the plot. After demolishing the old house, the

applicant may be permitted for reconstruction as per the approved plan.

Further, the said site was again re-inspected by Dr. Antonio Mascarenhas, Expert

Member (GCZMA) and submitted his observations as given below:

The inspection report indicates that this case is very old; it appears the applicant constructed a

house, but was declared illegal by erstwhile GCZMA. Subsequently, the structure was

demolished and a new house was permitted by GCZMA Member, Dr. Untawale, in March 2012.

The applicant is the owner of plot; however the DSLR plan does not show the 200 m line from

the HTL. In this case a fresh DSLR plan may be obtained to confirm whether the plot falls within

or beyond the NDZ.

Accordingly, as per the observations recorded by Dr. Antonio Mascarenhas, a letter was

issued to Mr. Jogi Thomas dated 14/10/2015 seeking clarification with respect to the above said

discrepancies.

Subsequently, the applicant vide letter dated 23/10/2015 submitted a copy of the letter

dated 20/07/2009 issued by the DSLR wherein it is stated that the said plot bearing Chalta No. 71

of P.T.S No. 175 of Vasco city of Mormugao Taluka is falling in the zone of 200 to 500 m from

the HTL extracted from certified CRZ map of Vasco city of Mormugao Taluka and also

submitted a letter dated 25/01/2012 issued by the Mormugao Planning & Development Authority

stating that the said proposed construction of residential house in the plot bearing Chalta No. 71

of P.T.S No. 175 of Vasco city of Mormugao is falling within 500 m from the HTL of Sea and

hence NOC from GCZMA is to be obtained. The applicant has also submitted a copy of Sanad

dated 30/06/2014 issued by the Office of the Deputy Collector / SDM, Mormugao, Vasco for

conversion of the said land admeasuring 305.00 sq. m (forming a part of Chalta No. 71 of P.T.S

No. 175) for “Residential” use only.

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Copy of the site inspection report alongwith the letter dated dated 23/10/2015 from Jogi Thomas

enclosing documents was enclosed with the Agenda Item as Annexure ‘XVI’.


Case No. 4.8

NOC for proposed reconstruction of existing house bearing H. No. 5/169A in the property

bearing Survey No. 200/21 of Calangute Village, Bardez Taluka by Mrs. Umarjaha Siraj

Ahmed, Mr. Faiyaz Ahmed & Mrs. Shakila Bano Sajjad Ahmed.

Background: The Applicant has sought permission / NOC to carry out reconstruction of

existing house bearing H. No. 5/169A in the property bearing Survey No. 200/21 of Calangute

Village, Bardez - Goa. The applicant has submitted a copy of letter of DSLR dated 03/06/2015

wherein it is stated that the said plot bearing Sy. No. 200/21 of Calangute Village is partly falling

within 200 m from HTL and partly in the Zone of 200 to 500 m from the HTL extracted from

certified map of Calangute Village and also submitted Deed of Sale between Mr. Domnic

Antonio Thomas Fernandes & Anr. (referred to as the Vendors) and Mr. Siraj Ahmed & 2 Ors.

(referred to as the Purchasers). The applicant has also submitted tax receipts, water supply and

electricity bill payment receipts. The applicant’s name are reflected in Form I & XIV.


(GCZMA) on 16/07/2015. The inspection report indicates that there are closely spaced houses in

the locality and the existing land is settlement. There exists an access by main road. The said

house is located close to 200 m line from the HTL. There exists one old structure within the plot.

The plot is owned by the applicants. The names of Siraj Ahmed, Faiyaz Ahmed & Sajjad Ahmed

is shown in Form I & XIV. An elongated structure is observed in DSLR plan. At present an old

structure is standing in the plot covered by tin sheets. Along the road, a row of small shops are

noted in front of the structure to be rebuilt. A narrow passage leads to the house. The attached

plans do not show adequate setbacks (only 0.5 – 1.0 m) as required by TCP rules. The attached

‘Sale Deed’ has to be checked / scrutinized by GCZMA lawyers. Copy of the site inspection

report was enclosed with the Agenda Item as Annexure ‘XVII’.


Case No. 4.9

NOC for proposed repair of house bearing H. No. 6/130 in the property bearing Survey No.

238/10 of Calangute Village, Bardez Taluka by Mrs. Rosalina Lobo.

Background: The Applicant has sought permission / NOC to carry out repair of house bearing

H. No. 6/130 in the property bearing Survey No. 238/10 of Calangute Village, Bardez - Goa. The

applicant has submitted a copy of letter of DSLR dated 02/06/2015 wherein it is stated that the

said plot bearing Sy. No. 238/10 of Calangute Village is falling in the Zone of 200 to 500 m from

the HTL extracted from certified map of Calangute Village and also submitted a copy of letter

bearing No. V.P/Cal/F-18/15-16/1987 dated 08/07/2015 issued by the Village Panchayat of

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Calangute wherein the said house is registered in the name of Minguelo Caetano Lobo from the

year 1971-72 and later transferred in the name of Rosalina Lobo in the year 2010 -11 and the

house tax is paid till date. The name of Mingnel Caetano Lobo is reflected in Form I & XIV.


(GCZMA) on 03/08/2015. The inspection report indicates that there are several houses in the

locality and the existing land is settlement. There exists an access by road. There exists mixed

vegetation within the plot. The proposed plot is located beyond 200 m from the HTL (200 – 500

m). There exists one house within the plot. The applicant’s husband / relation is the owner of the

plot. The name of Mignelo Lobo is found in Form I & XIV. A structure is shown in the DSLR

plan. The structure is located in the 200 – 500 m zone based on the certificate issued by DSLR.

The plot is congested- the plans attached does not show adequate setbacks as needed. A part of

the structure shown on DSLR Plan extends in to the adjacent plot. Copy of the site inspection

report was enclosed with the Agenda Item as Annexure ‘XVIII’.


Case No. 4.10

NOC for landscaping in the property bearing Sy. No. 126, Betalbatim, Salcete Taluka by

Mr. Agnelo Carvalho.

Background: The Applicant has sought permission / NOC to carry out landscaping in the

property bearing Sy. No. 126, Betalbatim, Salcete - Goa. The applicant has submitted a copy of

Public Will. The name of Bosco Carvalho is reflected in Form I & XIV.


(GCZMA) on 25/11/2015. The inspection report indicates that the proposed project is partly

falling within 0-200 m from the HTL and partly between 200 to 500 m from the HTL. There are

many sand dune in the property (sand dune field). No sand dune should be altered or tempered

with. Pathway of permanent nature should be allowed beyond 200 m of HTL. No foreign

material should be issued for land filling. Copy of the site inspection report was enclosed with

the Agenda Item as Annexure ‘XIX’.


Case No. 4.11

NOC for proposed reconstruction of house bearing H. No. K-11 in the property bearing

Survey No. 96/15, Quedevelim Ward, Reis Magos Village, Bardez Taluka by Mr. Francisco

Fernandes.

Background: The Applicant has sought permission / NOC to carry out reconstruction of house

bearing H. No. K-11 in the property bearing Survey No. 96/15, Quedevelim Ward, Reis Magos

Village, Bardez - Goa. The applicant has submitted a copy of Deed of Sale between Mr.

Shripada S. Sinai Singbal & 5 Ors. (referred to as the Vendors) and Mr. Francisco Fernandes & 3

Ors. (referred to as the Purchasers), copy of the letter / Certificate bearing No. VP/RM/F25/15-

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16/406 dated 04/06/2015 issued by the Village Panchayat of Reis – magos wherein it is stated

that the said house bearing H. No. K-11 situated at Kegdevelim, Reis Magos Village was

registered in the name of Anna J. M. Fernandes from the year 1976-1977, Teofilo Fernandes

from the year 1993-1994 and the same was further transferred in the name of Francisco

Fernandes in the year 2007-2008. The applicant has also submitted copies of house tax receipts

and electricity bill payment receipt. The name of the applicant is reflected in Form I & XIV.


(GCZMA) on 25/11/2015. The inspection report indicates that there exists residential house in

the adjoining properties. The existing land is residential. There exists ornamental trees. The

proposed plot is within 100 m from the HTL of river Mandovi. There exists a newly constructed

house of applicant’s brother within the plot. The name of the applicant is appearing on Form I &

XIV. The house is shown on DSLR plan. Copy of the site inspection report was enclosed with

the Agenda Item as Annexure ‘XX’.


ADDITIONAL AGENDA ITEMS:

Additional Item to Agenda Item No. 2: To discuss and decide on Court Matters /

Directional Matters / Complaints of Violation of the CRZ Notification 1991 / 2011 and

Allied / Connected Matters

Case No. 2.7:

To discuss and decide on the complaint pertaining to alleged illegal construction of house

by Mr. Gurudas Vassant Kamat in the property bearing Sy. No. 387/2 and 3 of Village

Anjuna, Bardez-Goa.

1. The Office of Goa Coastal Zone Management Authority (herein after referred to as

‘the GCZMA’, in short) was in receipt of a Complaint letter dated 10/08/2015

received from Mr. Sagardeep Sirsaikar with regard to the alleged illegal

construction of house in the property bearing Sy. No. 387 at Bandirwado of

Village Anjuna, Bardez-Goa within NDZ area being carried out by Mr. Gurudas

Kamat without obtaining prior permission / approval from the concerned

authorities.

2. Upon receipt of the said Complaint letter, a Show Cause Notice bearing no.

GCZMA/N/ILLE-COMPL/15-16/71/1227 dated 20/08/2015 was issued to Mr.

Gurudas Kamat by GCZMA with a direction to show cause as to why a direction

to restore the land to its original condition should not be issued with a direction to

file his reply on or before 04/09/2015 to which reply dated 04/09/2015 was

accordingly filed by Mr. Gurudas Kamat thereby denying the allegations leveled

against him.

3. Mr. Sagardeep Sirsaikar subsequently filed an Application bearing No. 136/2015

before the Hon’ble National Green Tribunal at Pune thereby challenging the

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alleged inaction on the part of the various authorities in preventing the Respondent

No. 7 (Mr. Gurudas Kamat) from carrying out illegal construction in total violation

of CRZ Rules and Regulation in the property bearing Sy. No. 387/2 of Village

Anjuna, Bardez-Goa.

4. The Hon’ble NGT, Pune vide Order dated 29/10/2015 was pleased to order calling

for report of the GCZMA regarding action taken with respect to the alleged illegal

construction carried out by Mr. Gurudas Kamat.

5. In view of the order dated 29/10/2015 passed by the Hon’ble NGT, Pune, the

Technical Officer of GCZMA conducted site inspection in presence of the

Complainanat and the alleged violator on 26/11/2015 and accordingly submitted

its report dated 26/11/2015.

6. During site inspection following observations were recorded at the site:-

a) The property bearing Survey No. 387/2 & 3 of Anjuna Village, Bardez-Goa lies within

100 mtrs. from the HTL of river Chapora.

b) The structure is a residential house built of laterite stone, concrete columns and

manglorian roof.

c) The structure is constructed on a hill.

d) There was no ongoing construction activity on site.

e) The part of hill is cut and leveled to construct the house.

f) Land filling is noted at the foot of the hill to make access to the structure.

g) Compound wall has been constructed of lateritic stone which is partly damaged.

h) The construction materials is been seen dumped at the site.

i) The site is surrounded by cluster of residential houses.

j) There is a school adjacent to the site, which is at lower level then the newly

constructed house under complaint.

k) A retaining wall has been constructed to protect the hill cutting.

l) The cliff is vulnerable due to hill cutting may collapse causing injury to the school and

students and other residential houses.

m) The retaining wall is constructed which is of sub standard and will not be able to retain

the hill, causing danger to the life of school student and also residential houses.

n) No documents were produced at the site inspection by the alleged violator /owner of

the property.

7. In view of the above and taking into consideration the matter pending before the

Hon’ble NGT, Pune and the directions issued therein, the said matter was placed

before the Authority in its 124th

GCZMA Meeting held on 18/01/2016 for grant of

personal hearing to the parties wherein the Authority noted that Mr. Gurudas

Kamat has filed an application for regularization with respect to the structure in

question which is situated in the property bearing Sy. No. 387/3 of Anjuna Village,

Bardez – Goa and the same is pending for consideration before the Authority in

view of the clarification sought from the Ministry of Environment, Forests &

Climate Change (MoEF&CC) vide letter No. GCZMA/ GEN-MISC/15-16/465

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dated 02/06/2015 with respect to the applications received from the local

communities for regularization of houses / structure under para 6 (d) of the CRZ

Notification, 2011. After detailed discussion and due deliberations and on

considering the oral submissions made by the parties as well as the documents

available on record and taking in to account the application for regularization filed

by Mr. Gurudas Kamat with respect to the structure in question which is situated in

the property bearing Sy. No. 387/3 of Anjuna Village, Bardez – Goa, the Authority

decided to direct Mr. Gurudas Kamat to maintain status quo with respect to the

structure in question until final decision is taken by the Authority. The Authority

also directed Mr. Gurudas Kamat to submit all the relevant documents in respect of

structure under reference within next 7 days, which is agreed by him. The

Authority also informed both the parties that no further personal hearing to the

parties shall be granted and final decision will be taken based on the documents

submitted by the parties. The same is agreed by both the parties and their

representatives.

8. However, no reply has been filed by Mr. Gurudas Kamat with respect to the

structure in question which is situated in the property bearing Sy. No. 387/3 of

Anjuna Village, Bardez – Goa.

In view of the above, the matter was placed for final decision in the matter.

Additional items to Agenda Item No. 4:

Case No. 4.12

NOC for repair and renovation of residential house bearing No. 237 (old H. No. 86) located

in Ward No. IX in the property bearing Sy. No. 118/10-A of Nagorcem - Palolem Village,

Canacona – Goa by Mr. Sharad D. Bhagat (File No. GCZMA /S/11-12/67)

Background: The Applicant desire to carry out repair and renovation of residential house

bearing No. 237 located in the property bearing Sy. No. 118/10-A of Nagorcem - Palolem

Village, Canacona – Goa. The said house is registered under the Canacona Municipal Council

and the applicant has submitted a copy of Deed of Gift between Mrs. Laximibai Bhagat (referred

to as the Donor) and Mr. Sharad D. Bhagat (referred to as the Donee) . The applicant’s name is

reflected in Form I & XIV. The plot area is 525.00 Sq. mts.

It may be noted that the said site was inspected earlier by then Expert Member of GCZMA, Shri.

S.M. Borges, in the year 2011 i.e dated 19/11/2011 wherein the inspection report indicated that

there are residential houses in the adjoining properties. The existing land use is residential. The

plot falls within 200 mts. from the HTL. There exists a house within the plot. The house exists

and needs repairs. In the documents submitted the location is not clear. The house is not shown

in survey plan and the Municipal Council Certificate does not mention the survey number.

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Further, the said matter was placed in the 113th

GCZMA meeting held on 26/02/2015 wherein

the Authority after detailed discussion and due deliberations and on considering the report of the

site inspection conducted on 19/11/2011 by the earlier Expert Member of GCZMA, Shri. S.M.

Borges, decided to defer the matter for re-inspection of the said site by the Expert members of

the GCZMA, afresh in order to verify certain aspects on site and thereafter to re-examine the

matter in the next meeting.

Site Inspection Report: The site was inspected by Shri. Ragunath Dhume, Expert Member,

GCZMA on 29/09/2015. The inspection report indicates that there exists Hotel and residential

houses in the adjoining properties. The existing land is residential and there exists huts and

cottages. There exists an access. There exists low height sand dune. The dunes are tampered due

to construction of laterite wall along the beach line. There are ornamental trees. The said plot is

within 200 m from the HTL. On site there exists an old house of mangalorian roof. The name of

applicant is reflected in Form I & XIV. The structure is not shown on DSLR Plan. The project

proponent has submitted certificate from Municipality stating that the structure exists from 1980-

81. Copy of the site inspection report was enclosed with the Agenda Item as Annexure ‘XXI’.

In view of above, the matter was placed for discussion and decision in the matter.

Case No. 4.13

NOC for repair and renovation of residential house bearing No. 181 (earlier H. No. 811/A)

located in Ward No. VII in the property bearing Sy. No. 66/12-A of Nagorcem - Palolem

Village, Canacona – Goa by Mr. Dharmesh Saglani (M/s. Cuba Investments & Properties)

(File No. GCZMA /S/11-12/38)

Background: The Applicant desire to carry out and repair and renovation of existing residential

house bearing No. 181 located in the property bearing Sy. No. 66/12-A of Nagorcem - Palolem

Village, Canacona – Goa. The said house is registered under the Canacona Municipal Council

and the applicant has submitted a copy of Deed of sale between Mr. Lyndon Monteiro and M/s.

Cuba Investments & Properties ( Represented by its partner Mr. Dharmesh Saglani). The said

house is shown on DSLR records. The name of M/s. Cuba Investments & Properties is reflected

in Form I & XIV. The plot area is 1800.00 Sq. mts.

It may be noted that the said site was inspected earlier by then Expert Member of GCZMA, Shri.

S.M. Borges, in the year 2011 i.e dated 19/11/2011. The inspection report indicated that there are

residential houses in the adjoining properties. The existing land use is residential. There exists a

house within the plot, however, the location is not clear. The house exists however it is not clear

whether it is located in Sy. No. 66/12-A as claimed. It needs to be clarified that after partition it

is located in the part bearing Sy. No. 66/12-A. Authority may consider granting the permission

after proper documents are submitted. In this connection it is pertinent to note that the vide

certificate dated 6/4/2009, the Canacona Municipal Council, has certified that the H. No. 181

(new) in ward No. VII falls in Sy. No. 66/12 and part partition of 66/12-A.

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Further, the said matter was placed in the 113th

GCZMA meeting held on 26/02/2015 wherein

the Authority after detailed discussion and due deliberations and on considering the report of the

site inspection conducted on 19/11/2011 by the earlier Expert Member of GCZMA, Shri. S.M.

Borges, decided to defer the matter for re-inspection of the said site by the Expert members of

the GCZMA, afresh in order to verify certain aspects on site and thereafter to re-examine the

matter in the next meeting.

Site Inspection Report: The site was inspected by Shri. Ragunath Dhume, Expert Member,

GCZMA on 29/09/2015. The inspection report indicates that the adjoining properties is

residential and has temporary huts and shacks. There exists access. There exists low height sand

dune. The dunes are tampered due to construction of laterite wall along the beach line. There are

ornamental trees. The said plot is within 200 m from the HTL. There exists a structure within the

plot. There exist an old house in Sy. No. 66/12-A in the name of Cuba Investment and

Properties. A certificate is attached by Chief Officer Canacona Municipality. The property

66/12-A belongs to M/s. Cuba Investment and Properties. The house requires urgent repair. No

house is shown in DSLR plan. The project proponent has given certificate of Municipality of

Canacona stating that “the house is old and legal, construction prior to 1991”.

Copy of the site inspection report was enclosed with the Agenda Item as Annexure ‘XXII’.

In view of above, the matter was placed for discussion and decision in the matter.

Case No. 4.14

NOC for reconstruction of existing residential house bearing no. 766/1 (old H. No. 571)

located in the property bearing Sy. No. 120/8 of Village Nerul, Bardez Taluka by Mrs.

Veena Genevieve Vincent Machado. (GCZMA/N/14-15/96)

Background: The Applicant desire to carry out reconstruction of house bearing no. 766/1 (old

H. No. 571) located in the property bearing Sy. No. 120/8 of Village Nerul, Bardez – Goa. The

applicant has submitted a copy of Deed of Sale between Mr. Mansoor Hussain Khan (refered to

as ‘the Vendor’) and Mrs. Veena Genevieve Vincent Machado (refered to as ‘the Purchaser’).

The applicant has also submitted a copy of Power of Attorney. The applicant has submitted a

copy of house tax receipt dated 20/08/1988. The applicant’s name is reflected in Form I & XIV.

The plot area is 355.00 Sq. mts. and the total floor area is 156.50 Sq. mts.

Site Inspection Report: The site was inspected by Dr. Antonio Mascarenhas and Dr. Nitin

Sawant, Expert Members (GCZMA) on 13/11/2014. The inspection report indicates that the

proposed site is along the bank of the river (NDZ). There exists a house within the plot. The

applicant Veena Machado is one of the owners of the property – a sale deed is attached. The

proposed house is to be built on the plinth of the existing structure, along the river bank. The

existing structure is not shown on DSLR plan. There are no approvals for the existing structure

in the NDZ. It is not confirmed if the existing house is an authorized structure.

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In this regard, a letter bearing no. GCZMA/N/14-15/96/30 dated 02/04/2015 was issued by

GCZMA to Mrs. Veena Genevieve Vincent Machado and was required to submit the detailed

documents with respect to her application for reconstruction of the existing residential house.

The same was accordingly replied vide letter dated 06/04/2015 thereby enclosing a letter dated

31/03/2015 issued by the Village Panchayat of Nerul wherein it is stated that as per the demand

and collection register maintained by this Office the H. No. 571, stand recorded from the year

1987 – 1988 onward in the name of Mansoor Hussein Khan and thereafter in the year 1995-1996

is changed to 766/1 and registered in the name of Veena Machado and tax is paid up to date.

The proposal was then taken up before the Authority in its 115th

meeting held on 04/05/2015.

After detailed discussion and due deliberations and on considering the report of the site

inspection conducted on 13/11/2014 by Dr. Antonio Mascarenhas and Dr. Nitin Sawant, Expert

Members (GCZMA), the Authority decided to reject the said proposal of reconstruction of

existing house bearing no. 766/1 located in the property bearing Survey No. 120/8 at Nerul

Village, Bardez – Goa as the structure is not shown on the DSLR Survey plan and no specific

documents submitted by the Applicant to prove the existence of the authorized structure prior to

1991.

Accordingly, the Applicant was informed about the said decision of the Authority.

In this regard, the Applicant submitted his reply which inter alia states as follows:

1) She is the registered exclusive, sole and absolute owner of the said property by way of

registered document of the plot admeasuring 355 sq. m along with the old existing house bearing

Sy. No. 766/1 (new) 571 (old) and as such there is no necessity of obtaining NOC of the other

co-owners of the structure / property for carrying out proposed reconstruction.

2) The said house is shown / depicted on the survey plan prepared by the DSLR.

3) The said house was registered with Village Panchayat of Nerul under House No. 571 since

prior to the year 1987 and later on said house number was revised and allotted new house

number i.e. H. No. 766/1 and that she has been paying the house tax regularly to the Village

Panchayat of Nerul. The said house is transferred in her name vide resolution No. 5 (1) dated

28/06/2014 and therefore she is the owner of the said house.

Copy of the site inspection report and the reply letter dated 06/04/2015 received from

Mrs. Veena Genevieve Vincent Machado was enclosed with the Agenda Item as Annexure

‘XXIII’.

The Authority may deliberate and decide

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Item No. 5 (Proposals pertaining to development of Hotels/Beach Resorts project in CRZ-

III area)

Case No. 5.1:

Approval/Recommendation for revised plan for proposed Construction of Hotel by M/s.

Chakshu Properties Private Limited, in the property bearing Sy. No. 123/1 (Part A), at

Morjim Village, Pernem Taluka.

Background: The GCZMA had granted approval / recommendation to M/s. Chakshu Properties

Private Limited vide letter bearing No. GCZMA/N/14-15/164/438 dated 29/05/2015 for

construction of proposed Hotel in the property bearing Sy. No. 123/1 (Part A), at Morjim

Village, Pernem – Goa.

Now, in this regard, the proponent M/s. Chakshu Properties Pvt. Ltd. has submitted revised plans

/ proposal for the said proposed Hotel in Sy. No. 123/1 (Part A), Morjim, Pernem – Goa. The

revised proposal consists of villas instead of 2 building blocks approved earlier. There is no

increase in FAR and plinth area compared to earlier proposal approved by the GCZMA.

Accordingly, the site was re-inspected by Shri. Ragunath Dhume, the Expert Members of the

GCZMA on 18/12/2015.

Site Inspection Report: The site was inspected by Shri. Ragunath Dhume, Expert Member of

the GCZMA on 18/12/2015. The site inspection report indicates that it is a pristine beach area

with a sand dune and there exists a Hotel constructed with multiple rooms (G+1) in low lying

area in the adjoining property. The existing land is pristine, untouched. There exists an access.

The height of the sand dunes is around 3 to 4 m. There exists ipomea, spinifex, forget me not and

other sand dune vegetation. A part of the proposed plot is in 0-200 mts and rest is in 200-500

mts. line. The proposed plot is a pristine beach zone with sand dune vegetation and cacti.

Revised plans are submitted showing development away from the sand dunes. Corners of

building was marked and no part of building or hotel is coming on the sand dune. Copy of the

site inspection report was enclosed with the Agenda Item as Annexure ‘XXIV’.

The issue before the Authority was whether to consider the revised plans and

recommend the said proposal to the Town & Country Planning Department and local body

for grant of approval.


Item No. 6:

Any other item with permission of Chair.

Sd/-

(Member Secretary)

Goa Coastal Zone Management Authority

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