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AGENDA ITEMS FOR THE 140TH
MEETING OF THE GOA COASTAL ZONE
MANAGEMENT AUTHORITY (GCZMA) TO BE HELD ON 15/02/2017
(WEDNESDAY) AT 3:00 P.M. IN THE CONFERENCE HALL, 2ND
FLOOR,
SECRETARIAT, PORVORIM – GOA.
Item No.1: To confirm the minutes of the 139th
Meeting of the GCZMA held on
07/02/2017.
The members may kindly give their comments / suggestions, if any and the
same may be confirmed (Annexure I)
Item No. 2:
Case No. 2.1:
To comply with the Order / Judgement dated 22/11/2016 passed by the Hon’ble
National Green Tribunal in Appeal No. 94/2015 in the matter of Francis Misquita
V/s. Pedrito Misquita & Ors.
• A complaint letter dated 29/10/2014 was received from Mr. Pedrito Misquita with
regard to the alleged illegal construction of a structure / Restaurant in the property
bearing Sy. No. 44/4 at Candolim Village, Bardez – Goa carried out by Mr.
Francis Misquita.
• Upon receipt of the said complaint letter, the same was forwared to the Village
Panchayat of Candolim and B.D.O, Bardez for necessary inquiry, action and
report in the matter.
• Subsequently, the Office of the GCZMA was in receipt of another letter dated
21/11/2014 from Mr. Pedrito Mesquita informing that the Block Development
Officer has already conducted necessary inquiry in the matter and forwarded the
letter / report of the BDO addressed to the Deputy Director of Panchayats.
• In view of the letter issued to the Village Panchayat, the Office of the GCZMA
received a letter bearing No. VPC/18/4/2546/14-15 dated 16/12/2014 from the
Secretary, Village Panchayat of Candolim informing that there is no construction
license issued by the Village Panchayat to Mr. Francis Misquita in respect of the
Sy. No. 44/4 situated at Souza Vaddo, Candolim, Bardez – Goa and the H. No.
234 (1/3) has been assessed for house tax purpose in the name of Jose Mesquita
w.e.f. 1968-69 and subsequently transferred in the name of Mr. Francis Misquita
since 2007-2008.
• Subsequently, the Office of the GCZMA received another letter dated 14/05/2015
from the Secretary, Village Panchayat of Candolim with certain clarifications.
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Vide said letter it was clarified that the Panchayat has assessed house tax during
1968-69 against house no. 234 (1/3) registered in the name of Shri. Jose Mesquita
and the same still continued to be in the name of Shri. Jose Mesquita. It was
informed that Mr. Francis Misquita had applied for NOC to establish a Restaurant
at H. No. 234 (1/3) and the same was granted. However, vide Order dated
08/06/2012 the said NOC was withdrawn for violation of certain conditions and
not obtaining NOC’s from the co-owners of the property and in view of the
Inventory Proceedings pending before the Court of law. It was also further
informed that Mr. Francis Misquita is operating the restaurant at an altogether
separate structure and not at H. No. 234 (1/3) and as such the said operation
becomes illegal.
• Further, the Office of the GCZMA received another letter dated 30/07/2015 from
the Complainant Mr. Pedrito Misquita requesting to implement the Order dated
19/05/2015 passed by the Block Development Officer of Bardez in Appeal No.
BDO-BAR/201(A)/18/2014-15 under section 201 (A) of the Goa Panchayat Raj
Act, 1994 and to stop the illegal operation of Restaurant and Bar in the property
bearing Sy. No. 44/4, Souza Vaddo, Candolim, Bardez – Goa by Mr. Francis
Misquita.
• Upon receipt of the abovesaid letters, the Office of the GCZMA issued a Show
Cause Notice Cum Stop Work Order bearing No. GCZMA/ILLE-COMPL/14-
15/155/1168 dated 12/08/2015 to Mr. Francis Misquitta with a direction to Stop
the Work with immediate effect and Show Cause as to why an order of demolition
of the alleged illegal structure / restaurant and Bar and restoration of land to its
original state should not be issued to him.
• The Office of the GCZMA was in receipt of a letter dated 27/08/2015 from Mr.
Francis Misquitta requesting to grant time to procure documents and to file a
comprehensive reply.
• The Office of the GCZMA vide letter bearing No. GCZMA/ILLE-COMPL/14-
15/155/1286 dated 31/08/2015 granted two weeks time to Mr. Francis Misquitta to
file his reply with respect to the Show Cause Notice cum Stop Work Order dated
12/08/2015 issued by the GCZMA. However till date no reply was received from
Mr. Francis Misquita.
• Since no reply was received from Mr. Francis Misquita, the GCZMA issued an
Order of demolition bearing No. GCZMA/ILLE-COMPL/ 14-15/155/2122 dated
10/12/2015 of the illegal structures comprising of the Bar & Restaurant in the
property bearing Sy. No. 44/4 at Sousa vaddo, Candolim, Bardez – Goa.
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• The said Order was challenged vide Appeal No. 94/2015 by Mr. Francis Misquita
before the Hon’ble NGT, Pune mainly on the grounds of violation of the principles
of natural justice.
• The Hon’ble NGT after hearing the parties was pleased to dispose off the matter
vide Order / Judgment dated 22/11/2016 thereby quashing and setting aside the
impunged order of demolition dated 10/12/2015 due to violation of the principles
of natural justice, lack of application of mind and absence of Authority to the
Member Secretary to issue such directions and directed the GCZMA to revisit its
operational procedures in the matter relating to issuance of Show Cause Notice
like in the present case which was issued without any preliminary investigation /
verification and should not solely based on the contents of the complaints received
as such the Chairman of the GCZMA was directed to take note of this lapse and
take further r necessary action within one month without fail to ensure fare play
and Judicious approach.
In view of the said Order of the Hon’ble NGT site inspection was conducted by the
Expert Members of the GCZMA on 20/01/2017 and submitted their report which in
brief states as under:
� The Complainant showed the structure of Bar & Restaurant which is of
temporary nature made out of steel poles and plastic with coconut leaf roofing.
� There were tables and chairs arranged as per the Restaurant pattern.
� The structure though looks temporary is abuting the main road aligned with
other structures.
� The Compalinant Mr. Pedrito Misquita told that the structure is erected in their
joint property the division of which is pending in the Court.
Conclusions and Recommendations:
a) The structure is of temporary nature and all activities of shacks are going on
inside.
b) The said shack is in line with other shacks and hence on producing the
authentic documents board may decide about its nature.
c) The point raise by the Complainant that the shack is built in the common
ancestral property the division of which is yet to be decided by the Court may be
taken up by the Complainant to appropriate forum for justice and is not the matter
of fact to be decided by this Board.
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In view of the directions of the Hon’ble NGT, the matter is placed for grant of
personal hearing to the parties.
Case No. 2.2:
To comply with the Order dated 16/11/2016 passed by the Hon’ble High Coiurt of
Bombay at Goa in Writ Petition bearing No. 550/2016 in the matter of M/s. Colonia
Santa Maria Resort V/s. State of Goa & Ors.
1. The Office of the Goa Coastal Zone Management Authority (hereinafter referred
to as ‘the GCZMA’ in short) was in receipt of a complaint letter dated 15/12/2014
from M/s. Colonia Santa Maria Resort, through its General Manager, having office
at Cobrawada, Calangute, Bardez-Goa with regard to the alleged illegal
construction of additional rooms beyond the existing cottages in Sy. No. 240/1 of
Village Calangute, Bardez-Goa and construction of compound wall in Plot No. 16
of the property bearing Sy. No. 240/1 of Village Calangute, Bardez-Goa carried
out by Mr. Inacio Fernandes, R/o Plot No. 16, Colonia Santa Maria Resort,
Calangute, Bardez-Goa without obtaining prior permission / approval from the
concerned authorities.
2. Upon receipt of the said complaint letter dated 15/12/2014, a Show Cause Notice
cum Stop Work Order bearing no. GCZMA/ILLE-COMPL/14-15/174/1790 dated
09/01/2015 was issued to Mr. Inacio Fernandes calling upon to stop the work with
immediate effect and show cause as to why a direction to restore the land to its
original condition should not be issued. However, the said Show Cuse Notice cum
Stop Work Order issued to Mr. Inacio Fernandes returned unserved with an
endorsement “Unclaimed”.
3. As no reply was received from Mr. Inacio Fernandes, an inspection of the site
under reference was carried out on 17/04/2015 by the Expert Member of GCZMA.
4. As no further final action was taken by the GCZMA, the complainant M/s.
Colonia Santa Maria Resort filed a Writ Petition bearing no. 550/2016 before the
Hon’ble High Court of Bombay at Goa.
5. The said Writ Petition was subsequently disposed of vide Order dated 16/11/2016
with a direction to GCZMA to decide the Show Cause Notice dated 09/01/2015
within a period of three months.
6. In this regard, the matter is placed before the Authority inorder to grant personal
hearing to the parties concerned and to take a final decision in the matter.
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Case No. 2.3:
To discuss and decide on the Complaint dated 05/02/2014 received from Ms. Sweta
Pereira with regard to encroachment of Government Riverine at river Sal andthe
illegal construction carried out in the property bearing Sy. No. 54/1 at Village
Cavelossim, Salcete by Mr. James Robert Haddon alias Bob Hudson & Mr. Walter
Egle.
Background:
1. A Complaint was received by the Office of GCZMA dated 05/02/2014 from Ms.
Sweta Pereira with regard to encroachment of Government riverine at river Sal
and illegal construction carried out in the property bearing Sy. No. 54/1 at Village
Cavelossim, Salcete-Goa by Mr. James Robert Haddon alias Bob Hudson who is
also P.O.A holder of Mr. Walter Egle (Swiss National) and owner of the property.
2. Accordingly, the Complaint was forwarded to the Inquiry Committee of the
GCZMA for necessary action and report.
3. The Inquiry Committee was pleased to conduct the site inspection of the property
on 13/06/2014 and thereafter fixed the matter for personal hearing on 14/08/2014.
4. The Inquiry Committee was pleased to prepare its report with regard to the
encroachment of Government riverine at river Sal and illegal construction carried
out in the property bearing Sy. No. 54/1 at Village Cavelossim, Salcete-Goa. It is
submitted in the report of the Inquiry Committee that:-
a) There is a structure on the eastern side of the property and close to the river Sal
in the plan attached to the report. The 100 mts. line of NDZ from the bank of
river Sal is shown in red line in the map prepared by DSLR. The site plan
attached to the report indicates that the structure marked by letter C and
doesnot exist at the site. There is a new structure close to the river Sal on the
eastern side and is marked by letter B.
b) At the personal hearing the complainant was absent though duly served with
the notice of personal hearing. The affected party remained absent. In the
records of proceedings there are documents produced by the complainant
namely: Form I & XIV of Sy.No. 54/1 of Cavelossim Village ; letter dated 28-
01-1991 of Walter Egle to the Village Panchayat of Cavelossim, sale deed
along with the plan dated 18-11-1996; Power of Attorney dated 12-12-2004;
Inspection report dated 18-11-2013 of Captain of Ports.
c) As per the CRZ Notification, ecologically sensitive areas along the river Sal
and tribuataries including dunes at Mobor and Mangroves at Assolna,
Cavelossim, Orlim, Benaulim, Navelim are classified as CRZ-I and the rest of
the area is classified as CRZ-III. The area of 100 mts from the bank of river or
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the width of the river, creek in CRZ-III is earmarked as No Development Zone
wherein no construction activities are permissible except for repairs or
reconstruction of existing structures not exceeding existing Floor Space Index,
existing plinth area and existing density and for permissible activities under the
CRZ Notification.
d) The river Sal is situated on the eastern side of the property surveyed under
Sy.No. 54/1 of Cavelossim village. Since the structure B in the site plan falls
within the area of 100 mts. from the bank of river Sal and in the area of No
Development Zone where no construction activities are permissible, the only
question for our consideration is whether the structure B was existing prior to
the date of CRZ Notification 19-02-1991.
e) By Sale deed 18-11-1996, Walter Joseph Egle purchased the Plot D of the
property surveyed under Sy.No. 54/1 along with the structure existing in the
property. The Sale deed dated 18-11-1996 along with the plan marked as
Annexure A (Colly). This structure existing in the property surveyed under
Sy.No. 54/1 is shown in the survey plan but not existing at the present at the
site. On this structure the affected party constructed a new structure B shown in
the site plan. This structure B was constructed on the half of structure C and
this structure B compared with structure C is a big structure and constructed
beyond the plinth area of structure C.
f) Though the survey plan prepared in the year 1971-1972 under Land Revenue
Code shows the existence of structure C but the structure C is not existing at
the site. Instead a big new structure B was constructed over the half of
structure C. There are no documents indicating when structure B was
constructed. Comparing the size of structure B with structure C it indicates that
the structure B completely exceeds the plinth area of structure area of Structure
C. Moreover there are no documents showing when the structure B was
constructed or whether any permission of the CRZ Authority or any other
Authority was obtained for such construction carried after the CRZ
Notification.
g) Considering that the No construction activities are permissible within the area
of 100 mts. from the bank of river sal, that the structure B is existing within the
area of No Development Zone and was constructed after the date of CRZ
Notification, exceeding the plinth area of structure C, that the structure B was
constructed without any permission from any Authority, the CRZ Authority to
demolish/remove the structure B shown in the site plan and in the plot
purchased by Walter Joseph Egle from Sy.No. 54/1 of Cavelossim village and
restore the land to its original condition.
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5. On perusal of complaint letter dated 05/02/2014 from Ms. Sweta Pereira and
Inquiry Committee report dated 15/12/2015, a Show Cause Notice cum Stop Work
Order bearing ref .no. GCZMA/ILLE-COMPL/13-14/64/2210 dated
28/12/2015 was issued to Mr. Walter Eagle & Mr. James Robert Haddon alias Bob
Hudson.
6. The respondent Dr. Varun Carvalho, POA of Walter Egle, vide his reply dated
18/02/2016 to the Show Cause Notice cum Stop Work Order stated that the
respondent purchased part of the property bearing Sy.No. 54/1of Cavelossim
Village admeasuring 190 sq.mts. in which existed residential house bearing no.
338/B and the said structure in mentioned in the copy of sale deed dated
18/11/1996. Further, the respondent stated that he permanently resided in the
residential house situated in the said plot since the year 1996.The respondent also
stated that the residential house existing in the said plot existed since the last
several years and much prior to 19-02-1991.
7. In response to the reply filed by the respondent to the Show Cause cum Stop Work
Order dated 28-12-2016 Adv. Sweta Pereira filed her reply stating that the
structure is fraudulently mentioned in the Deed of Sale dated 18/11/1996 of Mr.
Walter Josef Egle and Deed of Sale executed in favour of Mrs. Joanita Coutinho
(from whom Mr. Walter Egle purchased the said property) by Fabrica Da Igreja
De Carmona vide a Deed of Sale dated September 7, 1993 there is no mention of a
structure existing in the said property. Neither there is any record of House Tax,
paid during this period or prior to execution of the Deed of Sale to the Village
Panchayat of Cavelssim or prior to CRZ Notification of 1991 could come into
effect.
8. The office of GCZMA was in receipt of complaint letter dated 28/01/2016 from
Dr. Varun Carvalho r/o. Shop No. 4, Micon Arcade, Cavelossim regarding alleged
illegal construction of residential structure carried out by Mr. Cassiano J.M.
Pereira in the property Sy.No. 54/1-G, Village Cavelossim in No Development
Zone (NDZ) in violation of CRZ Notification without obtaining permissions from
any concerned authorities.
9. The Authority on perusal of complaint letter dated 28/01/2016 from Dr. Varun
Carvalho, a Show Cause Notice bearing ref.no. GCZMA/ILLE-COMPL/13-14/64/
dated 06/05/2016 was issued to Mr. Cassiano J.M. Pereira.
10. Ms. Sweta Pereira filed an Application bearing no. 36/2016 before the Hon’ble
National Green Tribunal, Pune interalia being aggrieved by alleged illegal
construction of structure in property bearing Sy.No.54/1 of Village Cavelossim in
NDZ area of river Sal.
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11. The matter now has been disposed by the Hon’ble NGT, Pune vide Order dated
27/09/2015 stating that liberty is granted to the parties to file all such relevant
documents and other material in their hands before the respondent no.3 GCZMA
and Respondent No. 3 shall hear the parties and dispose of the complaint made by
the Applicant No.1 dated 05/02/2014 in accordance with law on or before 15th
November 2016.
12. A personal hearing was granted before the Secretary (Environment), Government
of Goa on 01/11/2016 and it was decided to refer the matter to Inquiry committee
to conduct site inspection in respect of both the complaints referred hereinabove
dated 05/02/2014 and complaint dated 28/01/2016. Further, the Inquiry Committee
of GCZMA conducted site inspection of the above mentioned site/ area on
17/11/2016 and gave personal hearing to both the parties on 29/11/2016.
13. Further, the inquiry committee of GCZMA has decided to call the parties for
personal hearing on 08-02-2017. The original complainant Sweta Pereira filed an
application bearing No. 174/2016 along with M.A.No. 36/2016. The Hon’ble NGT
after hearing the Application observed that
“In this proceeding, the Applicant seeks an action against the Goa Coastal Zone
Management Authority (GCZMA), who are alleged to have disobeyed the
directions of this Tribunal issued by order dated 27th
September 2016 in
Application No. 36/2016. We are satisfied that GCZMA has to be called upon to
explain the alleged disobedience and non compliance to our order. Hence, issue
Notice in the nature of Show Cause to GCZMA as to why appropriate action
should not be taken for non-compliance to our directions dated 27th
September in
Application No. 36/2016.”
14. Further on the next date of hearing the Application No. 174/2016 was disposed off
vide order dated 01/12/2016. Further applicant filed review Application No.
41/2016(WZ) and vide Order dated 05/01/2017 interalia directed as under:
i) ‘The Applicant and Respondent No.1 herein as well as in O.A.NO.36/2016
shall appear before the Respondent No.2 GCZMA herein for hearing on
15th
February 2017.
ii) Respondent No. 2 –GCZMA shall hear the parties and dispose of the
complaint made by Applicants in accordance with law within four weeks
thereafter.
iii) The GCZMA to duly paste a copy of this order on the conspicuous part of
the premises in question i.e. 338/B, Passos Ward, Cavelossim, Salcete Goa-
403 731”
15. The GCZMA vide letter dated 19/01/2017 communicated the said Order to Walter
Josef Egle and Sweta Savia Pereira. Further in compliance with Order dated
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05/01/2017 the technical Officer GCZMA pasted the copy of the Order on the
doors of the said premises on 19/01/2017.
The issue before the authority is to take final decision in the matter after
hearing the concerned parties.
Case No. 2.4:
To Comply with the Order dated 18/03/2016 of the Hon’ble National Green
Tribunal at Pune in Appeal No. 08/2016 filed by Mr. Kashinath Shetye V/s. Aditya
Puri & ors with regard to the alleged illegal construction of a structure / Bungalow
opposite Adv. Gopal Tamba’s House at Ribandar, Tiswadi – Goa
Brief Summary:
� Complaint received from Mr. Kashinath Shetye & Ors. with regard to alleged
illegal construction of a structure / Bungalow opposite Adv. Gopal Tamba’s House
at Ribandar, Tiswadi - Goa by Mr. Aditya Puri.
� Accordingly, a Show Cause Notice Cum Stop Work Order was issued which was
replied to by Mr. Aditya Puri alongwith necessary permissions / licenses/
approvals for modification / reconstruction of the house existing in the said
property from the concerned authorities.
� Further, the Site under reference was also inspected by the Technical Officer
alongwith Junior Scientific Assistant of the GCZMA wherein it is stated that there
is no violation of NOC /permission given by GCZMA dated 06/03/2008.
� Accordingly, in view of the reply and site inspection report, a letter was issued to
Mr. Kashinath Shetye informing that no action is warranted in the matter and as
such cannot proceed ahead with the complaint filed by him.
� However, the said Order / letter was challenged before the Hon’ble National
Green Tribunal vide Appeal bearing No. 08/2016 by Mr. Kashianth Shetye & Ors.
The said Appeal bearing No. 08/2016 was disposed of by the Hon’ble NGT at
Pune vide Order dated 18/03/2016 thereby quashing and setting aside the Order
dated 14/12/2015 issued by the GCZMA and remanded the matter back to the
GCZMA with a direction to hear the concerned parties and take decision in the
matter in accordance with law within a period of four months.
� The matter was placed in the 132nd
GCZMA meeting held on 06/07/2016 wherein
the Authority after detailed discussion and due deliberation decided to conduct re-
inspection of the site under reference through its Expert Member of the GCZMA.
� Accordingly, site inspection was conducted by Shri. Ragunath Dhume and Dr.
Antonio Mascarenhas on 15/07/2016. The site inspection report submitted by Dr.
Antonio Mascarenhas is as follows:
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� The property belong to Mr A Puri who has built a house in the plot; originally, the
plot belonged to some other individual.
� The plot is located on the southern bank of tidal river Mandovi, on the riverside
side of the existing road; the new house lies about 8-10 metres form HTL.
� The original vertical wall which was composed of laterite stone has been restored
but has not been tampered with. A grill of steel is fixed on the outer part of the
wall.
� Similarly, the original boundary wall still exists, but has been covered with natural
laterite stone.
� The owner has obtained approvals from the erstwhile GCZMA based on which the
house has been constructed. However, the area is classified by GCZMA as CRZ II
whereas the CZMP 1996 for Goa has classified this area (Ribandar) as CRZ III.
� It is this issue that is challenged by the complainant. Moreover, the same
complainant is of the view that such a property cannot be sold to a non-local
individual. As this case may now have further legal repercussion, it needs to be
debated by the GCZMA.
The said matter was placed in the 133rd
GCZMA meeting held on 20/07/2016
wherein the Authority after detailed discussion and due deliberation and upon
considering the site inspection report dated 15/07/2016 and the fact that complainant has
brought forward new facts and also on considering the aforementioned observations
wherein there are alleged discrepancies in the categorization of the CRZ areas and as
such the Authority decided to grant the concerned parties an opportunity of personal
hearing on the issues before the Authority in its next meeting and then to decide the
matter.
The said matter was placed before the 2nd
meeting of the Committee to decide on CRZ
matters:
Mr. Kashinath Jairam Shetye was present in person. Advocate Y. Naik represented the
Respondent, Shri. Aditya Puri.
Mr. Kashinath Jairam Shetye as well as Advocate Y. Naik representing Mr. Aditya Puri
filed written submissions.
Mr. Kashinath J. Shetye denied the contents of the reply filed by the Respondent. He
stated that the NOC issued by the GCZMA was conditional with directions to the
NGPDA. He further stated that Chalta No. 27 of P.T.S No. 2, Panaji which is nalla is
specifically an encroachement in the Government property. He further stated that
permissions were taken only in Chalta Nos. 6 and 7 of P.T.S No. 2 by builder Eric
Sequeira POA to Domingos Xavier Rodrigues and Lucy Rodrigues and the same could
not be sold to non traditional fisherman or outsider as per CRZ Notification 1991 / 2011.
Page 11 of 30
Further, the setback is not ensured nor the plan was approved by the GCZMA and as such
the NOC should be withdrawn and the setback should be maintained forthwith. The
permissible coverage is 109 sq. of the total built up area is 220. 52 sq. m but in actual
coverage is 52 sq. m and Stilt parking is covered for rooms to stay. The walls of the Stilt
parking are built without obtaining necessary approvals and are used for residential
purpose.
He also stated that no amalgamation of plot can be done as per the Judgment of Suresh
Estates all the boundaries are freezed on CRZ Notification, 19/02/1991.
He further stated that the Bungalow has been built on the Seaward side and there is no
road between the building and the creek and no set back is left and the bungalow is in
setback area of River Mandovi and no setback has been shown on the plan and the
NGPDA approval dated 18/12/2008 has been violated as no setback is maintained as
ordered by the GCZMA and approving the sanctioned plans by the GCZMA. The Google
images of 2004 and 2015 shows there is existence of the mangroves in that area and the
building is in NDZ Setback area.
He further stated that based on the CZMP 1996 Ribandar area falls under CRZ – III zone
and incase of existence of mangroves it falls under CRZ – I Zone and as per the letter
issued by the MoEF dated 03/12/2001 to the Chief Secretary, Govt. of Goa with regard to
proposal for reclassification of CRZ stretches of Goa wherein it was proposed for
reclassification of the entire stretch of land at Ribandar (within Panjim Municipality
limits along the Mandovi River) – Map No. 4 and 5.
Advocate Y. Naik submitted that the Order dated 18/03/2016 passed by the Hon’ble,
NGT is strictly to decide based on the complaint of the Appellant and as such requested
to stick to the contents of the complaint only. He stated that the allegations levelled in the
complaint by Mr. Kashinath Shetye against the Respondent, Mr. Aditya Puri are false and
devoid of factual veracity and are antithetic to ground reality. He stated that as alleged by
the Complainant that the Respondent has carried out construction of new Bungalow is
false and earlier there existed a structure / house in the said property and the same is
being rebuilt / reconstructed in to a Bungalow. Further as far as the permissions for the
said reconstruction of bungalow is concerned, the Respondent has obtained all the
necessary permissions including that of the GCZMA for reconstruction in his property.
He further highlighted on the necessary permissions obtained by the Respondent which
includes a) Permission dated 04/03/2008 issued by the GCZMA for modification /
reconstruction in Chalta Nos. 5,6,7,27,28,28-A, 28-B, 30 & 42 of P.T.S. No. 2 of Panaji
City Tiswadi Taluka, b) Approval / permission dated 11/11/2008 of the Town & Country
Planning Department, c) Permission dated 18/12/2008 for construction of single Family
dwelling in the said property from the North Goa Planning & Development Authority, d)
NOC issued by Health Officer of Panaji and e) NOC issued by Public Works
Page 12 of 30
Department, f) Construction license issued by the Corporation of City of Panaji and g)
Occupancy Certificate issued by the Corporation of City of Panaji in terms of completion
certificate issued by the NGPDA.
He further relied upon the site inspection report dated 27/11/2015 of the erstwhile
GCZMA wherein the report stated that the Respondent possessed all the relevant and
mandatory permissions stipulated in that regard and the same was communicated by the
erstwhile GCZMA to the Complainant vide letter dated 14/12/2015 which was then
challenged by the Complainant before the Hon’ble NGT, Pune.
He also stated that the Respondent is the bonafide and lawful owner of land in the
property “Fonduvem” admeasuring 240 sq. m along with the house thereon at Ribandar,
Tiswadi – Goa which is registered in the Office of Ilhas under No. 3415 of Book – 9 New
and also registered in Taluka Revenue Office under No. 145 within the Corporation of
City of Panaji and which plot of land surveyed under Chalta Nos. 6 & 7 of P.T.S. No. 2
of City Survey Panaji vide duly executed and registered Deed of Sale dated 22/08/2007.
He further invited the attention of the Committee that although the permission issued by
the GCZMA includes Chalta No. 27 of P.T.S No. 2, Panaji, the Respondent has confined
and limited his construction strictly within the limits of his property i.e. property bearing
Chalta No. 6 & 7 of P.T.S No. 2 and he is only in possession of the property bearing
Chalta No. 6 & 7 of P.T.S No. 2, Panaji and as such no encroachment has been carried
out by the Respondent upon Government property as alleged by the Complainants.
Further, as far as the compound wall is concerned, he stated that the Respondent has
maintained the old compound wall with natural laterite stones.
He further stated that as far as the allegations made by the Complainants with regard to
violation of CRZ norms by conducting illegal construction in CRZ – III area is
concerned, the permissions of the Respondent itself reveals that the said permissions have
been granted by the Authorities in respect of area classified and covered under CRZ – II
norms and as such the issue sought to be raised by the Complainant does not arise. So
also, all the allegations levelled by the Complainant with reference to the purchase of the
property by the Respondent by violating the statutory norms are a blatant
misinterpretation of facts. He finally concluded stating that the Respondent has abide by
all the permissions granted to him and the said permissions has not been set aside by any
Courts of law.
The Committee heard the parties at length.
The Committee noted that the permission has been granted to Mr. Eric Sequeira for
proposed modification in Chalta Nos. 5,6,7,27,28,28-A, 28-B, 30 & 42 of P.T.S. No. 2 of
Page 13 of 30
Panaji City Tiswadi Taluka and there is no evidence produced by the Respondent
regarding the flow of right of the aforementioned permissions to the Respondent from the
predecessor.
The Committee after detailed discussion and due deliberation and on considering the oral
as well the written submissions made by both the parties decided:
1) To verify / check the Directorate of Survey & Land Records (DSLR) records and
maps of above survey / Chalta numbers and check it with current records about location
of the property under question and to prepare a superimposed DSLR plan on Satellite
imagery for referencing purpose.
2) Further, the Committee also directed the Respondent, Mr. Aditya Puri to submit a
declaration / statement regarding the flow of right from Mr. Eric Sequeira to present
occupier in the light of CRZ Notification and other applicable laws.
3) The Committee further granted 4 weeks time to Mr. Aditya Puri to provide all the
necessary details / information in support of his case which includes the flow of right to
the present occupier in light of CRZ Notification and to hear the parties thereafter.
It is pertinent to note that a Miscelleneous Application bearing No. 428/2016 in Appeal
No. 8/2016 was filed Mr. Kashinath Shetye seeking implementation of the Original
directions issued by the Hon’ble NGT in Appeal No. 8/2016.
The said M.A. No. 428/2016 was disposed of by the Hon’ble NGT with direction to the
GCZMA to hear the parties concerned on 15/02/2017 and to dispose of the matter within a
period of two weeks thereafter and further directed GCZMA to file compliance report on
08/03/2017.
In view of the above, the matter is placed for grant of personal hearing to the
concerned parties.
Case No. 2.5:
To Comply with the Order dated 18/03/2016 of the Hon’ble National Green
Tribunal at Pune in Appeal No. 06/2016 filed by Mr. Kashinath Shetye V/s. Madan
Narayan Sawant & ors with regard to the alleged illegal construction of a Bungalow
/ commercial establishment by cutting mangroves located in the property bearing
Chalta No. 10 and 11 of P.T.Sheet No. 12 at Ribandar, Tiswadi – Goa.
Brief Summary:
� Complaint received from Mr. Kashinath Shetye & Dr. Ketan Govekar with regard
to alleged illegal construction of a structure / Bungalow / commercial
Page 14 of 30
establishment by cutting mangroves located in the property bearing Chalta No. 10
and 11 of P.T.Sheet No. 12 at Ribandar, Tiswadi – Goa.
� Accordingly, a Show Cause Notice was issued to Mr. Madan Narayan Sawant
which was replied to alongwith relevant documents in support of his case.
� Further, the site under reference was also inspected by the Technical Officer of
GCZMA alongwith the junior Scientific Assistant of GCZMA.
� Based on the reply as well as the site inspection report it was noted that the
construction of bungalow has been done after obtaining requisite permissions from
the concerned authorities and that there is no violation of the permission issued by
the GCZMA and that there is no evidence of cutting of mangroves seen at the site.
� Accordingly, in view of the above, a letter was issued to Mr. Kashinath Shetye
informing that no action is warranted in the matter and as such cannot proceed
ahead with the complaint filed by him.
� However, the said Order / letter was challenged before the Hon’ble NGT, Pune
vide Appeal bearing No. 06/2016 by Mr. Kashinath Shetye & Ors. The said
Appeal bearing No. 06/2016 was disposed of by the Hon’ble NGT at Pune vide
Order dated 18/03/2016 thereby quashing and setting aside the Order dated
15/12/2015 issued by the GCZMA and remanded the matter back to the GCZMA
with a direction to hear the concerned parties and take decision in the matter in
accordance with law within a period of four months.
� The matter was placed in the 132nd
GCZMA meeting held on 06/07/2016 wherein
the Authority after detailed discussion and due deliberation decided to conduct re-
inspection of the site under reference through its Expert Member of the GCZMA.
� Accordingly, site inspection was conducted by Shri. Ragunath Dhume and Dr.
Antonio Mascarenhas on 15/07/2016. The site inspection report submitted by Dr.
Antonio Mascarenhas is as follows:
� The property belongs to M Sawant who has built a G+1 residential house in the
plot.
� The property is located on the bank of Chimbel tidal creek, on the river side of the
existing road; the house lies about 10-12 metres from the bank (HTL).
� The creek bank is marked by a concrete retaining wall apparently built by WRD
some years ago; the need for such a thick and high concrete wall is not known;
some scattered mangroves are noticed.
� The owner has obtained approvals from the erstwhile GCZMA based on which
the house has been constructed. However, the area is classified by GCZMA as
CRZ II whereas the CZMP 1996 for Goa has classified this area (Ribandar) as
CRZ III.
Page 15 of 30
The said matter was placed in the 133rd
GCZMA meeting held on 20/07/2016
wherein the Authority after detailed discussion and due deliberation and upon
considering the site inspection report dated 15/07/2016 and also on considering the
aforementioned observations wherein there are alleged discrepancies in the categorization
of the CRZ areas and as such the Authority decided to grant the concerned parties an
opportunity to personal hearing on the issues before the Authority in its next meeting and
only then to arrive at a decision.
The said matter was taken up for hearing in the 2nd
Meeting of the Committee to decide
on CRZ matters wherein:
Proceedings: Mr. Kashinath Jairam Shetye was present in person. Mr. Madan Sawant
was present alongwith his Advocate Jitendra Supekar.
Mr. Kashinath Jairam Shetye filed his written submissions.
Mr. Kashinath J. Shetye denied the contents of the reply filed by the Respondent. He
stated that the NOC issued by the GCZMA was conditional with directions to the
NGPDA wherein the project was approved from CRZ angle with a recommendation that
the project proponent should maintain maximum setback and this should be ensured
while approving the plan. However, the structure is not ensured nor the plan was
approved by the GCZMA and based on this fact the NOC should be withdrawn and the
setback should be maintained forthwith. He further stated that permissible coverage is
251.20 sq.m total built up area is 207.29 sq. m but in actual coverage is 334.54 sq.m Stilt
parking is covered for rooms to stay. The walls of the Stilt parking are built without
obtaining necessary approvals and are used for residential as well as commercial purpose
as carpentary workshop.
He further stated that amalgamation of plot of Chalta No. 10 and 11 in P.T.S. No. 12 is
illegal as per the Judgment of Suresh estates all the boundaries are freezed as per CRZ
Notification, 19/02/1991. The Building / Bungalow has been built after the
amalgamation on the Seaward side and there is no road between the building and the
creek and no set back is left and the bungalow is in setback area of River Mandovi and no
setback has been shown on the plan. The Google images of 2004 and 2015 shows there is
existence of the mangroves in that area and the building is in NDZ Setback area. He also
stated that the mangroves have been cut.
He further stated that based on the CZMP 1996 Ribandar area falls under CRZ – III zone
and incase of existence of mangroves it falls under CRZ – I Zone and as per the letter
issued by the MoEF dated 03/12/2001 to the Chief Secretary, Govt. of Goa with regard to
proposal for reclassification of CRZ stretches of Goa wherein it was proposed for
reclassification of the entire stretch of land at Ribandar (within Panjim Municipality
limits along the Mandovi River) – Map No. 4 and 5. He further relied on the Judgment
Page 16 of 30
passed in the matter of Carlos Noronha in W.P. No. 519 of 2007 with M.C.A. No. 617/09
with Writ Petitions No. 420 & 474 of 2007. He also pointed out the Page No. 54 of the
RSI Report on identification and delineation of structures / dwelling units along rivers,
creeks and estuaries upto the tidal point experienced towards land which reveals that at
prior to 1991, there existed 29 structures in that area i.e. Chimbel Village and after 1991,
15 new structures were observed.
Adv. Jitendra Supekar stated that as far as the letter dated 03/12/2001 issued by the
MoEF to the Chief Secretary, Govt. of Goa regarding reclassification of CRZ stretches of
Goa wherein it was proposed for reclassification of the entire stretch of land at Ribandar
(within Panjim Municipality limits along the Mandovi River) – Map No. 4 and 5 is
concerned there was another letter issued by the MoEF dated 05/01/2012 wherein
modifications to the Order dated 03/12/2001 were issued in which the areas to be
reclassified as CRZ –III are included and there is no mention of the stretch of land at
Ribandar (within Panjim Municipality limits along the Mandovi River) – Map No. 4 and
5 and as such the contention of the complainant that Ribandar is being classified as CRZ
– III cannot be taken in to consideration.
Further, as far as the cutting of mangroves is concerned, there is no mangrove cutting
carried out by the Respondent and the same was also in question with respect to the
retaining wall build by the WRD.
Shri. Ragunath Dhume who inspected the said site in question stated that it is not known
at which point of time the mangroves are being cut and who exactly has carried out such
activity.
The Committee heard the parties at length.
The Committee noted that the permission has been granted by the GCZMA to Mr. Madan
Sawant however, the plans have not been approved by the GCZMA and it is not known
that whether the adequate setback as required under the CRZ Notification and other
applicable laws has been left by the project proponent. Also, it is to be verified whether
the NGPDA approval is in violation of CRZ or not.
The Committee after detailed discussion and due deliberation and on considering the oral
as well the written submissions made by both the parties decided:
1) To direct an Expert Member to examine the plan as approved by the NGPDA in the
instant matter in the light of provisions of CRZ Notification as applicable at the time of
approval of plan.
2) Further, the in site condition should be checked in the light of the above.
Page 17 of 30
3) The Respondent is directed to provide a copy of approved plan alongwith original for
matching the same.
4) The representative from NGPDA with said approved plan should also be called for
inspection in presence of both the parties.
5) The Committee further granted 4 weeks time to Mr. Madan Sawant to provide all the
necessary details / information which includes the plan approved by the NGPDA in light
of CRZ Notification and to hear the parties thereafter.
It is pertinent to note that a Miscelleneous Application bearing No. 427/2016 in Appeal
No. 6/2016 was filed Mr. Kashinath Shetye seeking implementation of the Original
directions issued by the Hon’ble NGT in Appeal No. 6/2016.
Further, the said M.A. No. 427/2016 was disposed of by the Hon’ble NGT with direction
to the GCZMA to hear the parties concerned on 15/02/2017 and to dispose of the matter
within a period of two weeks thereafter and further directed GCZMA to file compliance
report on 08/03/2017.
In view of the above, the matter is placed for grant of personal hearing to the
concerned parties.
Case No. 2.6:
To comply with the Order dated 12/01/2017 in Application No. 170/2016 of the
Hon’ble National Green Tribunal at Pune filed by Mr. Kashinath Shetye and to
decide on the alleged illegal construction carried out by Mrs. Sheila Dhody by
building / constructing various hotels i.e. (Casa Vagator, Casa Colvale, Casa
Britona, Casa Baga and Casa Anjuna) within NDZ area of Bardez Taluka.
1. An Application bearing no. 170/2016 was filed by Mr. Kashinath Shetye before the
Hon’ble National Green Tribunal at Pune thereby challenging the alleged illegal
construction carried out by Mrs. Sheila Dhody by building / constructing various
hotels i.e. (Casa Vagator, Casa Colvale, Casa Britona, Casa Baga and Casa Anjuna)
within NDZ area of Bardez Taluka and the alleged inaction on the part of the
Respondent Authorities against the said alleged illegal activities.
2. The said Application was accordingly disposed of by the Hon’ble National Green
Tribunal at Pune vide Order dated 12/01/2017 with a direction to the parties
concerned to exchange their pleadings on or before 08/02/2017 and to grant
personal hearing to the parties on 15/02/2017 and thereafter GCZMA to decide the
matter within a period of five weeks.
Page 18 of 30
3. The various construction activities carried out by Mrs. Sheila Dhody and which are
challenged by Mr. Kashinath Shetye before the Hon’ble National Green Tribunal at
Pune are as follows:
(I) CASA COLVALE
a) A letter dated 25/06/2013 was received from the Village Panchayat of
Colvale informing about the alleged illegal construction of hotel Casa
Colvale carried out within CRZ area without obtaining any permission from
the Panchayat as well as from other concerned authorities. The complaint
letter also stated that the owner of the hotel has also constructed swimming
pool and was in the process of constructing private jetty. As such, requested
to take immediate action.
b) Accordingly vide letter dated 0/04/2014 the said complaint letter was
forwarded to the Inquiry Committee of the GCZMA for necessary inquiry
into the matter.
c) The Inquiry Committee of GCZMA after due inquiry into the matter which
includes inspection of the site and personal hearing o the parties was pleased
to prepare and submit their report which inter alia in brief states as under:
i. The property where the hotel is constructed is in the property bearing
Sy. No. 355/7 and 8 of Village Colvale, Bardez-Goa.
ii. In between the CRZ line and the bank of River Chapora there is a G+
1 structure and on the western side of the structure another structure is
there with swimming pool.
iii. The survey plan prepared in the year 1971-72 shows the existence of a
house in Sy. No. 355/7 and 8 of Village Colvale. Even the Form I and
XIV mentions the existene of a house.
iv. The permission granted by the Village Panchayat in the year 1984 to
Maria Lourdes Lobo and the approved plan for extension of the house
indicates that the construction of extension garage / work room / septic
tank / soak pit was carried out in the year 1984.
v. After the purchase of the property alongwith the house in the year
2003, the Village Panchayat granted permission to carry commercial
activities of paying guest house in the H.No. 151/A/12 to the affected
party in the year 2007.
vi. The site plan shows the existence of new structures and a structure in
the survey plan but not existing at the site. On perusing the site plan
with the approved plan it is seen that though the new constructions are
Page 19 of 30
not within the plinth area of the old construictions, the overall area of
the new constructions is the same of the old constructions.
vii. That the affected party is pying house tax in respect of H.No. 151/A/2
and the Village Panchayat ghranted N.O.C to carry the commercial
activities of Paying Guest House.
viii. Considering all this facts, the GCZMA may give direction to Village
Panchayat of Colvale to regularize the structures existing in Sy. NO.
355/7 and 8 of Village Colvaleand dispose of the complaint dated
25/06/2013 filed by the Village Panchayat of Colvale.
d) After submission of the report by the Inquiry Committee of GCZMA, a
complaint letter dated 22/02/2016 was also received from Mr. Kashinath
Shetye with respect to the CRZ violations carried out by Mrs. Sheila Dhody
in Sy. Nos. 355/1, 7 and 8 of Village Colvale, Bardez-Goa by building a
hotel called Casa Colvaleon the bank of River Chapora without obtaining any
permission from the GCZMA and also from the other authorities.
CASA VAGATOR
1. A Complaint letter dated 06/06//2013 was received from Mr. Sandeep Chimulkar
& Ors. with regard to the alleged illegal construction of rooms, swinmming pool,
compound hall, blockage of existing nallah carried out by Sheila Dhody,
Proprietor of ‘Casa Vagator’ in the property bearing Sy. No. 226/1, Village
Anjuna, Bardez – Goa.
2. The said complaint letter was refered to the Inquiry Committee for inquiry and
report in the matter. Also, the complaint letter was forwarded to the Deputy
Collector & S.DO of Bardez and Village Panchayat of Anjuna for necessary
inquiry action in the matter.
3. The Deputy Collector & S.DO, Bardez upon conducting necessary inquiry in the
matter submitted their report dated 04/03/2014 which interalia in brief states that
the Respondent has conducted 2 structures as well as the swimming pool without
obtaining any permission from the GCZMA and the structures were constructed in
May 2013 as reported by the Mamlatdar and is in total violation of the CRZ.
4. Upon receipt of this report a Show Cause Notice cum Stop Work Order bearing
No. GCZMA/ILLE-COMPL/13-14/04/02 dated 01/04/2014 was issued to Sheila
Dhody with a direction to stop the work with immediate effect and show cause as
to why a direction to demolish the structure and restore the land to its original
condition should not be issued.
Page 20 of 30
5. One of the complainants, Mrs. Suhasini Govekar vide her letter dated 13/10/2016
informed that the illegal construction is also carried out in Sy. No. 226/3, 226/4
and 227/8 besides in Sy. No. 226/1.
6. Subsequently, a Complaint letter dated 23/11/2015 has also been received from
Mr. Kashinath Shetye with regard to the alleged illegal construction of buildings /
structures in the name as “Casa Vagator” within CRZ area carried out by Mrs.
Sheila Dhody at Vagator, Anjuna, Bardez-Goa.
7. The said complaint letter was also forwarded to the Inquiry Committee of
GCZMA for inquiry and action in the matter.
8. The inquiry Committee of the GCZMA upon conducting due inquiry in the matter
which includes inspection of the site under reference and grant of personal hearing
to the parties submitted its report which interalia in brief states as below:
“Since there are no documents to indicate the existence of the structures prior to
the CRZ Notification 19/02/1991 and since the structures are new construction
post date CRZ Notification in No Development Zone and in violations of CRZ
Notification, GCZMA to order:
a) Demolition of the seven structures and two sheds in the property surveyed
under Sy. No. 226/1 of Village Anjuna and shown in the site plan attached to the
report.
b) Remove the swimming pool, 3 plinths existing in the property bearing Sy. No.
226/1 of Village Anjuna and shown in the site plan attached to the report”.
CASA BAGA
1. A Complaint letter dated 21/03/2016 has been received from Mr. Kashinath
Shetye with regard to the alleged illegal construction of a Hotel named as
“Casa Baga” carried out by Mrs. Sheila Dhody at Saunta Vaddo, near Titos
Disco, Baga, Bardez- Goa.
2. Upon receipt of the complaint a Show Cause Notice bearing No.
GCZMA/N/ILLE-COMPL/16-17/24/639 dated 23/05/2016 was issued to
Mrs. Sheila Dhody with a direction to Show Cause as to why a direction to
demolish the said structure and restore the land to its original condition
should be issued.
3. Accordingly, the aforementioned Show Cause Notice was replied by Mrs.
Sheila Dhody by reply dated 27/06/2016 which in brief states as under:
� Structure is shown in the survey plan which was promulgated in the
year 1975 and the name of Mrs. Sheila Dhody is also reflected in
Form I & XIV.
Page 21 of 30
� Structure is assessed for the purpose of house tax by the Village
Panchayat under H. No. 40/7.
� Structure existing therein has been repaired by obtaining approval
from the GCZMA vide approval bearing No. GCZMA/N/3352/32
dated 07/05/2004. Also has repairs licence issued by the Village
Panchayat dated 20/05/2004.
� After completion of the repair work an
� Application was filed before the Village Panchayat seeking no
objection t run the said house as Guest house as required under the
Tourist Trade Act and the same was accordingly granted by the
Village Panchayat vide NOC dated 28/03/2005 which was
subsequently renewed.
� The structure is enclosed by the compound wall and is found reflected
in the Registo –de- Agreemensor maintained by the Land survey
Department which is an ancient record.
� The Village Panchayat vide certificate dated 08/11/2005 has certified
that the house bearing No. 40/7 belongs to Sheila Dhody and the same
is a commercial premises.
� The record of rights and Form I & XIV also reveals that in the
property there exists two houses owned by the land lord.
� The Village Panchayat has also issued an Establishment Licence date
07/07/2004.
� The Village Panchayat of Calangute had also issued a Show Cause
Notice. however, the Order of demolition was challenged before the
Director of Panchayats and the same was set aside and directed the
Panchayat to conduct an inquiry min terms of the Order passed by the
Hon’ble High Court.
� After detailed inquiry Village Panchayat was pleased to confirm that
the construction is a legal construction.
4. Subsequently, the site inspection was conducted by the Expert Members of
the GCZMA on 01/02/2017 and accordingly submitted its report which
interalia in brief states as follows:
• That the main building is a G+2 Structure and is more than 9 m in
height.
• The Office building is a new construction which is opposite the main
entrance gate.
Page 22 of 30
• Staff Kitchen is housed in a new southward extension of the main
building.
• Infront of the main building stands a G+1 permanent structure which
is being used for lodging the guest and for other ancillary activities of
the Hotel.
• A kitchen cum dining hall lies behind the main building (towards
east).
• A swimming pool is constructed in the Courttyard behind the new
kitchen dinning hall. The area around the swimming pool is covered
with floring tiles.
• The built up area against the total area of the plot is inexcess of 33%.
Conclusions and recommendation:
1. The additional constructions includes:
a) one exta storey (G+2) to the main building.
b) The Office building.
c) Staff kitchen
d) other G+1 permanent structures opposite to the main building.
e) Kitchen cum dining hall and
f) The Swimming pool.
Appears to be new and it is necessary to ascertain their legality based on the
survey map and other relevant documents.
2) It appears to be gross violation of CRZ regulations.
CASA ANJUNA
1. A Complaint letter dated 21/03/2016 has been received from Mr. Kashinath
Shetye with regard to the alleged illegal construction of a Hotel named as
“Casa Anjuna” carried out by Mrs. Sheila Dhody at Demello Vaddo, Anjuna,
Bardez- Goa.
2. Upon receipt of the said complaint letter site inspection was conducted by the
Expert Members of the GCZMA on 01/02/2017 and accordingly submitted
its report which interalia in brief states as follows:
� The observations indicated that the main building depicts old
architecture. It is ‘G+2’ reconstructed structureof height in excess of 9
m.
� Ground floor of the main building has an extension towards the
northern aspect, which seems to be an addition.
Page 23 of 30
� A newly constructed block (G+2) is seen on the southern side of the
main building.
� A swimming pool, changing rooms and a stage seems to be an added
structures to the old premises.
� A new building with only a ground floor stands on the east of the
main building.
Conclusions and Recommendations:
a) The legality of new construction and observed extensions needs to be
ascertained based on the survey maps and othe rrelevant documents.
b) Constructions with height exceeding 9 m are not permitted in CRZ area.
c) The area covered by buildings appears to be mmore than 33% of the Total
area of the plot in contravention of CRZ norms thus it appears to be a
gross violation of CRZ regulations.
CASA BRITONA
a) A complaint letter dated 19/01/2016 has been received from Mr. Surendra
Narayan Tari informing about the alleged illegal construction of work in
hotel “Casa Britona” bearing H. No. 217, Near Charmanos, Badem,
Salvador-do-Mundo at Britona, Bardez-Goa carried out by Mrs. Sheila
Dhody.
b) Upon receipt of the said complaint leter dated 19/01/2016, a Show Cause
Notice cum Stop Work Order bearing no. GCZMA/N/ILLE-COMPL/15-
16/171/2634 dated 08/02/2016 was issued to Mrs. Sheila Dhody with a
direction to stop the work and show cause as to why a direction to demolish
the structure and to restore the land to its original condition should not be
issued.
c) Subsequently, a complaint letter was also received from Mr. Kashinath
Shetye informing about the alleged illegal construction / CRZ violations
carried out by Mrs. Sheila Dhodyin the property bearing Sy. No. 62/2, 3, 5
and 6 of Salvador-do-Mundo Village, Bardez-Goa by constructing a hotel
named as “Casa Britona” on the River Mandovi without obtaining any
permission from the GCZMA as well other authorities concerned.
d) In view of the complaints received, a site inspection was carried out by the
Expert Members of GCZMA on 01/02/2017 which inter alia in brief states as
under:
Page 24 of 30
� That the old house stands on the bank of River Mandovi. The plinth of
the old existing residential house has been converted for commercial
purpose (hotel).
� A swimming pool is constructed in the courtyard of the main building.
� Adjacent to the swimming pool a sitting hall is constructed which has
conventional tiled roof supported on concrete / laterite pillars. The
structure is apparently new and permanent.
� A commercial kitchen is added to the main building on the northern
side using existing compound wall.
� A gallery with wooden planks supported by concrete columns appears
to be an addition towards the waterfront. The columns rest in the
substratum of the waterfront and are within the inter tidal zone.
� One new room on the edge of the River Bank is a fresh addition and is
being used as a massage room.
Conclusions and Recommendations:
1) The sitting hall / commercial kitchen / massage room and the swimming
pool observed appears to be new construction and needs to be ascertained
based on the Survey map and other relevant documents.
2) If permissions are btained as claimed by Mr. Mishra the same should be
verified for the date and year during which they have been issued by the
respective authorities.
3) It appears to be gross violation of the CRZ regulation.
4. In pursuance to the Order dated 12/01/2017 of the Hon’ble National Green Tribunal
at Pune, the GCZMA received Affidavit-in-reply on behalf of the Respondents i.e.
Casa Anjuna, Casa Vagator, Casa Baga, Casa Britona, Casa Colvale stating inter
alia in brief as under:
CASA COLVALE
(i) That Casa Colvale is loacated in the preoperty bearing Sy. No. 355/7 & 8 and falls
in CRZ – I area.
(ii) The house existing therein is assessed for the purpose of tax before the Village
Panchayat under house No. 151/12 besides a work room and an outhouse.
(iii) The report of the Inquiry Committee also concluded that the structures were in
existence prior to 1991. No appeal has been filed against the said Order / report of
the Inquiry Committee.
Page 25 of 30
(iv) The survey records for the Village of Colvale were .promulgated in the year
1974 which clearly reveals that there are 3 strucutres existing in the said property
surveyed under Sy. No. 355/7 & 8.
(v) The main house was further extended vide construction licence dated 06/11/1984
and therafter the house was again repaired vide construction licence dated
05/03/2004.
(vi) The Property was purchased together with the structures existing therin vide
Deed of Sale dated 12/12/2003 and 12/02/2004 and relied on the following
documents:
� Survey plan, Form I & XIV, Deed of Sale dated 12/12/2003, 12/02/2004,
Report of Inquiry Committee, registration certificate of Establishment,
Excise Lincence, NOC dated 17/11/2006 to keep Tourist paying guest,
NOC dated 23/01/2007 to start business of guest house, NOC dated
31/01/2008, renewal of licence dated 28/05/2009.
CASA VAGATOR
1. Casa Vagator is a Hotel property comprising of immovable properties bearing
Sy. No. 226/1, 226/4 of Anjuna, Bardez – Goa.
2. There existed a residential house and two outhouses which were assessed for the
purpose of tax by the Panchayat under H. No. 594 (4).
3. Sgtructures have been released electricity comnnection as well as water
connection in the name of Mrs. Sheila Dhody.
4. The fact that the house is assessd for the purpose of tax is confirmed by house
tax and light tax issued by the Panchayat dated 21/08/2004.
5. The fact that the house is existing therein is further confirmed by an NOC for
reconstruction / renovation issued by the Village Panchayat of Anjuna- Caisua
dated 05/09/1994 by virtue of which the said John Baptista D’Souza who is the
predecessor in title was granted NOC for reconstruction / renovation of the house
existing in the property bearing Sy. No. 226/1.
6. The Health Ofifcer granted NOC dated 22/09/2007 for sale of Indian Made
Foreign Liquor and Country Liquor in the said premises.
7. The Village Panchayat of Anjuna issued NOC dated 17/11/2006 for keeing
Tourist paying Guest in the house so also, garnted NOC for running Bar &
Restaurant in the said house.
8. The Respondent placed their reliance on the following documents:
� House tax receipts, electricity bills, water bills, Deed of Sale dated
14/06/2006, NOC for reconstruction / renovation dated 05/09/1994, Deed
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of Sale dated 07/10/1994, 16/01/1968, NOC dated 22/09/2007, NOC dated
17/11/2006 issue dby the Village Panchayat, Judgment & Order dated
10/04/2008 and 05/10/2008 passed by the BDO.
The Village Panchayat issued a Show Cause Notice and thereafter a final Order alleging
about the illegal construction in Sy. No. 226/4, 226/1 (part) and 227/8 although the Sy.
No. 227/8 did not belong to this respondent against which the Appeal was filed before the
Addl. Director of Pancahyats – II. However, the same was dismissed as such a revision
petition has been filed before the District Judge at Mapusa and the same is paid for
adjudication.
CASA BAGA
1. Casa Baga is in the property bearing Sy. No. 224/2 of Village Calangute,
Bardez – Goa.
2. A portion of the property admeasuring 1950 sq. m was purchased with a
structure assessed for the purpose of tax under H. No. 40/7.
3. Obtained permission from the GCZMA for repairs of the existing house vide
NOC dated 07/05/2004.
4. Repair licence granted by the Village Panchayat of Calangute vide NOC dated
20/05/2004.
5. That the business of a hotel is conducted with due permission from the Village
Panchayat and the consent to operate from GSPCB and the Establishment licence
is also issued by the Village Panchayat of Calangute.
6. The V.P. of Calangute vide trade licence dated 29/07/2015 has certified that the
construction is a legal construction.
7. The hotel is registered under the Shops and Establishment Act.
8. The Viilage Panchayat of Calangute had issued an Order of Demolition against
which an Appeal was preferred before the Director of Panchayats. The said
Appeal was allowed with a direction to the Panchayat to withdraw the order of
demolition and accordingly the same has been withdrawn by the Panchayat and as
such there is no material to substantiate that there is any illegal construction
carried out by the Respondent.
9. The Respondent relies on the following documents:
Deed of Sale dated 09/12/2004, House tax and light tax receipts, NOC dated
07/05/2004 issued by GCZMA, Certificate dated 08/11/2005 issued by the
Panchayat, repair license dated 20/05/2004 issued by the Panchayat, withdrawal of
demolition order dated 10/03/2010, certificate dated 08/05/2005 issued by the
Panchayat, Form I & XIV, consent from the GSPCB, establishment licence issued
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by Panchayat, NOC from Fire and Emergency Services, Certificate under the
Shops and Establishment Act, Order dated 17/06/2009 passed by the Director of
Panchayats.
Casa Anjuna
1) The hotel is in the property bearing Sy. No. 144/1 and 136/70 of Village Anjuna,
Bardez-Goa which are adjoining to each other and the business is conducted in t
eh structure that originally existed in the said property.
2) The structure is assessed for the purpose of tax under H.No. 669/5 and tax has
been paid till date.
3) Consent to operate dated 03/06/2008 has been issued by the GSPCB.
4) NOC issued by the Director of Fire and Emergency Services.
5) NOC from the Panchayat for conducting business of a tourist paying guest house
and restaurant.
6) Business registered under the Shops and Establishment Act.
7) Excise Licenses has been issued.
8) NOC dated 23/07/2007 issued by the Health Services for conducting the restaurant
business.
Casa Britona
1) Hotel Casa Britona is in the property bearing Sy. No. 62/6 of Village Salvador-
do-Mundo, Bardez-Goa which was purchased vide Deed of Sale dated
13/07/2000 alongwith the existing house from Mrs. Maria Antonieta Dejanira
Especiosa do Rosario Azavedo and Shri. Arthur Jose Patricio Walter Rasquina.
2) There existed a 300 year old Portuguese house and had been only repaired by
obtaining permission from the Panchayat dated 03/08/2000.
3) House tax and light tax in respect of the said house is paid.
4) Licence / NOC for repairs and renovation dated 06/02/2009 has also been
issued by the GCZMA.
5) NOC dated 06/09/2002 issued by the Village Panchayat for conducting
business of guest house and restaurant.
6) NOC dated 05/06/2004 issued by the Panchayat for the purpose of securing
excise license and vide said NOC the Panchayat has confirmed that the house
is in existence for 40 years.
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7) The business is registered under the Tourist Trade Act as well as the Shops and
Establishment Act.
8) Also possesses Excise License from the Excise Department.
9) Panchayat has from time to time has renewed the license grated by them.
10) Consent to operate dated 31/05/2011 issued by the GSPCB.
In view of the above, the matters are placed before the Authority inorder to
grant personal hearing to the parties.
Item No.: 3: Status of the cases pending before the Inquiry Committee of the
GCZMA
The various matters which are referred to the Inquiry Committee of the GCZMA for
inquiry and which are pending for report are enclosed herewith as Annexure II.
Item No.: 4: (Construction/Repair/Renovation/Reconstruction of Residential Houses /
structures in CRZ- II and CRZ- III area)
Case No. 4.1:
Recommendation / Permission for proposed reconstruction of structures /
workshops bearing H. No. 381, 382 and 383 located in the property bearing Sy. No.
108/1, Cavelossim, Salcete Taluka by Smt. Requelina Silva.
Background: The applicant has sought permission / recommendation for proposed
reconstruction of structures / workshops bearing H. No. 381, 382 and 383 located in the
property bearing Sy. No. 108/1, Cavelossim, Salcete - Goa. The applicant has submitted a
copy of Certificate dated 28/07/2015 issued by the Sarpanch, Village Panchayat of
Cavelossim wherein it is stated that the House bearing Nos. 381, 382, 383 situated at
Mobor ward, Cavelossim, Salcete – Goa are registered in the name of Antonio Silva since
the assessment year 1980-81 and has also submitted a copy of NOC dated 18/11/2009
stating that NOC is issued to Mr. Ivo D’Silva to sell Marine Parts under the name & style
of “Silva Spares” in H. No. 382, Mobor, Cavelossim and NOC dated 23/04/2015 issued
by the Sarpanch, Village Panchayat of Cavelossim stating that NOC is issued to Mr.
Sebastiao D’Silva for boat pulling / trawler repairing / Trawler building at Sy. No. 108/1.
The applicant has also submitted copies of house & light tax receipts for H. Nos. 381,
382 & 383 and trade tax for H. No. 382 to sell marine parts “Silva Spares” and consent to
operate & Authorization dated 08/09/2014 granted by the GSPCB to M/s. Silva
Engineers, H. No. 382, Mobor, Cavelossim for repair & servicing of trawlers i.e. 3 nos. /
month, a copy of NOC issued by Directorate of Health Services to establish a SSI unit to
start repairing & servicing of trawlers, engines, job work of trawlers accessories in the
premises bearing No. 382, Cavelossim (“Silva Engineers”) and NOC dated 21/01/2004 to
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open work shop in the said house, a copy of NOC dated 07/01/2015 issued by Captain of
Ports Department for usage of waterfrontage in the Sy. No. 108/1, Mobor, Cavelossim for
repairs of boats & fishing trawlers, copy of Registration certificate issued by the
Department of Commercial Taxes. The applicant has also submitted a deed of sale
executed between Smt. Fatima Bi & 12 ors. (referred to as the Vendors) and Mr. Antonio
Da Silva (referred to as the Purchaser) and a General Power of attorney of Mrs.
Requelina D’ Silva & 4 Ors nominating, constituting and appointing Sebastiao Da Silva
as the lawful attorney on their behalf. The name of the applicant is reflected in Form I &
XIV.
Site Inspection Report: The site was inspected by Dr. Antonio Mascarenhas, Expert
Member (GCZMA). The inspection report indicates that the applicant proposes to
reconstruct a structure that existed (H. No. 382). The applicant is one of the owners of the
property, there are six other occupants. The structure is not shown in DSLR plans and
original plan is not attached. An old dilapidated house is being run as a work shop /
repairs of boats / trawlers. The workshop is located a few meters from the HTL of the
river Sal; some reclamation appears to have taken place. It is not known when the house
was built; house tax receipts of 2015 are attached but older receipts are not available. VP
Cavelossim has issued NOC’s in 2009 and 2015 for commercial activities related to sale
of marine ports. The GSPCB has issued a consent to operate in 2014. NOC’s from CoP
and Harbour Inspector are shown 2015 and 2010 respectively. But the application is for
G+1 house with bedrooms, toilets and kitchens and the applicant apparently wishes to
convert a workshop / repair facility into a residence-cum- workshop; reasons are not
stated. The structure where the workshop is functioning falls in NDZ. Whether there are
provisions in the CRZ 2011 rules for the above proposal needs to be discussed.
Note: A. The report above also applies to house nos. 381 and 383. These are small huts /
broken houses which have been rebuilt several times. Both are used for trawler related
repairs.
B. These two structures (381 and 383) do not have any approvals whatsoever from
competent Government authorities (except for 2015 receipts).
C. The entire river bank is full of small houses where marine related activities are noted.
D. The river bank has been encroached upon, at places, and presents a very degraded look
as all sorts of waste material is scattered.
Dr. Antonio Mascarenhas, Expert Member, GCZMA informed the members that the two
of the structures i.e. structures bearing H. No. 381 and 383 are small structures / huts
/houses and there is one big structure i.e structure bearing H. No.832 and all these
structures proposed for reconstruction falls in NDZ. The H. Nos. 381 and 383 do not have
any approvals whatsoever from competent Government authorities except for 2015 tax
receipts. The applicant desires to construct a G+1 house with bedrooms, toilets and
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kitchens and as such the applicant apparently wishes to convert a workshop / repair
facility into a residence-cum- workshop for which reasons are not stated.
The said matter was placed in the 129th
GCZMA meeting held on 19/05/2016 wherein
after detailed discussion and due deliberations and on considering the report of the site
inspection conducted by Dr. Antonio Mascarenhas, Expert Member (GCZMA), the
Authority decided to direct the applicant to apply afresh to the GCZMA specifically only
for the marine related activities or foreshore facilities alongwith requisite documents
which includes earlier permissions obtained by her from the GCZMA and documents
indicating the existence of all three structures i.e. structures bearing H. No. 381, 382 and
383 prior to 1991.
In this regard, the Applicant, Smt. Requelina Silva vide his Applications has stated that
the purpose of the reconstruction is for marine requirement as the present structure is too
small to cater her daily needs and business activities and thus requesting to grant her
permissions for the same.
The Authority may deliberate and decide.
Item No.: 5: To discuss and decide on the Format of site inspection report
The GCZMA in its 137th
meeting held on 24/01/2017 had circulated the format for site
inspection reports with respect to the Proposals and Complaints received by the GCZMA
wherein the Authority decided to discuss the said format of the Site inspection report in the
next meeting. The members decided that as suggested by the Director of Fisheries,
henceforth videography and photography should be carried out during the site inspection
and the same should be displayed during the meeting of the Authority. The Authority also
approved for purchase of two Video Cameras for the purpose of conducting the site
inspections.
In view of the above, the Authority may finalize the format for site inspection reports
pertaining to complaints and proposals and submit their views / suggestions, if any.
Item No.: 6
Any other item with the permission of Chair.
Sd/-
(Member Secretary)
Goa Coastal Zone Management Authority
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