The National Green Tribunal noted prima facie violations regarding hill cutting and structures in Goa. It discounted the joint committee's report as final and directed the applicant to place further tangible material with the GCZMA, returning the Application to be disposed of thereafter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No. 02
(Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 103/2021(WZ)
Inacio Domnic Pereira
Applicant
Versus
Dwarka ECO Beach Resort & Ors Respondent(s)
Date of hearing: 24.03.2022
CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Kashinath Shetye, Applicant in Person
Respondent(s): Ms. Maria S.Correia, Advocate for GCZMA Mr. Pronoy Kamat, Advocate for R-9
ORDER
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Chief Conservator of Forest, Althinho Panaji, Goa and the Member Secretary, Goa Pollution Control Board.
D. With respect to the structures erected by the Respondent No. 1 : the Respondent No. 1 is in possession of a permission dated 26/09/2018 from the GCZMA whereby the Respondent No. 1 was granted permission for the purpose of erection of 10 huts, a restaurant and kitchen. The said permission is valid for a period of 5 years i.e. until 26/09/2023. Upon inspection it was noticed that the Respondent No. 1 has constructed 10 temporary huts, a restaurant and kitchen.
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The Application is disposed of.
A copy of this order be forwarded to the GCZMA by email for compliance.
Adarsh Kumar Goel, CP
Sudhir Agarwal, JM
Prof. A. Senthil Vel, EM
Dr. Vijay Kulkarni, EM
Dr. Afroz Ahmad, EM
March 24, 2022 Original Application No. 103/2021(WZ) AB
3
2 issues framed by the court
Whether there is prima facie violation of Coastal Regulation Zone Notification, 2011 regarding hill cutting and structure erection in Goa.
Whether an opportunity should be given to the applicant to place further material before the Goa Coastal Zone Management Authority before issuing final directions.
Inacio Domnic Pereira
Dwarka ECO Beach Resort
Adarsh Kumar Goel
Sudhir Agarwal
A. Senthil Vel
Vijay Kulkarni
Afroz Ahmad
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
