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TMI Blog2016 (10) TMI 1291X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 10, Panjim City and Survey No. 65/1-A Village Morombio Grande in Merces Panchayat, without obtaining necessary permission from the concerned Authorities. That construction is detrimental to the coastal ecosystem and river ecosystem; and is also likely to cause pollution of river water due to the commercial activities of the Bar and Restaurant. It was alleged that the Appellant exerted political influence to facilitate construction of the unauthorized structure on the said plot. 5. The Appellant opposed the said application by raising preliminary objections. Firstly, that the subject application was not maintainable-as remedy of appeal Under Section 16 against the decision of the Authority could be preferred. Secondly, the applicants had failed to comply with the procedure prescribed under Rule 13 of the National Green Tribunal (Practices and Procedure) Rules, 2011. Thirdly, the application was barred by limitation-as the cause of action had arisen soon after the construction work was commenced in the year 2011. The application, however, was not filed within 6 months therefrom. Further, a writ petition for similar challenge was filed before the High Court and has since been wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that permission can be granted "only" for repair and renovation of the existing "dwelling units" in such areas. The Tribunal following that decision observed that the structure other than the original structure as existed on 19th February, 1991, standing on land Survey No. 65/1-A or in Survey No. 83/2-A of Village Morombio Grande in Merces Panchayat at South Goa be demolished forthwith after following due process. The directions given by the Tribunal read thus: a. All the structures, including Restaurant and Bar/Pub and allied structures standing in the land Survey No. 65/1-A, or in Survey No. 83/2-A, of Village Morombio Grande, shall be demolished by Deputy Collector, South Goa, within the period of six(6 weeks) b. We direct Respondent No. 3 Anil to pay amount of Rs. 20(Twenty) Lacs as costs of degradation of environment and violation of CRZ Notification, 1991, within six(6) weeks to the Environment Department, Govt. of Goa along with costs of Rs. 5000/- (five thousand) as litigation costs, which be equally disbursed in favour of all the applicants. c. The GCZMA, is directed to hold enquiry regarding houses illegal structures of CRZ area about which permission might have bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tire evidence on record and specially when the same has already been analysed by the Tribunal, unless the Appellant is able to demonstrate that the finding recorded by the Tribunal suffers from error apparent on the face of the record or is perverse. Nevertheless, we permitted the Appellant to refer to the relevant contemporaneous record which has already been extensively analysed by the Tribunal. On going through the said documents, we are not in a position to take a view different than the view already taken by the Tribunal. We find that when the Appellant purchased the subject plot vide registered Sale Deed dated 3rd August, 1992, only a small structure at the corner of the said plot was in existence and was used as a garage and which was indisputably within 100 metres from the High Tide Line. On this finding, it necessarily follows, that the structure as it exists now is quite different-both in shape, size and location being in the middle of the plot. Obviously, it is an unauthorized structure constructed after 19th February, 1991. The CRZ policy dated 19.02.1991 prohibits any construction upto 200 metres from the High Tide Line. It is to be treated as 'No Development Zone& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sewerage, roads and bridges. The said authority may also permit construction of schools and dispensaries, for local inhabitants of the area, for those panchayats the major part of which falls within CRZ if no other area is available for construction of such facilities. iv. Reconstruction/alterations of an existing authorized building permitted subject to (i) to (iii) above. ..................................................... (emphasis supplied) 9. Relying on Sub-clauses (i), (iii) and (iv), it was contended that the Tribunal committed error in law on two counts. Firstly, in assuming that the structure within CRZ area can be used only as a dwelling unit, and secondly, that repairs and renovation permission can be given only to such dwelling units. This submission does not commend us. Sub-clause (i) plainly mandates that "no construction" of any kind be permitted within 200 metres from the High Tide Line. That area has to be treated as "No Development Zone", except for repairs of "existing authorized structures" (on the date of the Notification i.e. 19th February, 1991) and not exceeding the permissible FSI, plinth area and density and for permissible activities. Sub-clause ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one which are available for construction of hotels and to frame appropriate policy/Regulation for utilization thereof they are being allowed to be utilized for such construction activities. (E) Till the survey and enquiry is completed, as directed above, no new licence for any type of construction in CRZ-III zone, except repairs and renovation of the existing houses which shall be subject to the appropriate order on completion and result of the survey and enquiry to be held as directed above and this should be specifically stated in the licences to be granted for the purpose of repairs and/or renovation of the existing houses. (F) The Respondent No. 5 to conduct an enquiry and fix responsibility for the violation of CRZ notification in relation to clause-III of CRZ-III zone and to take appropriate action against the persons responsible for such violation of the provisions of the Environmental Protection Act and the said notification in relation to the CRZ-III zone. (G) All this directions stated above are in relation to the CRZ-III zone in Goa in terms of the said notification. (H) The survey and enquiry should be conducted as expeditiously as possible and should be conclud ..... X X X X Extracts X X X X X X X X Extracts X X X X
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