dwelling unit of traditional coastal communities, while later part of it speaks that the permission for construction/reconstruction for dwelling unit of traditional coastal communities. If we take assistance of CRZ of Goa, which is provided in Para 8 V, sub-clause (3) (ii), it says that the reconstruction, repair works of the structures of local communities including fishermen community shall be permissible in CRZ. Clear word “structures” has been used and not dwelling unit only. Therefore, even if we go by the provision, intent of this Notification was to give facility to only local community, such as fishermen, who had structures within CRZ area and if they need to repair/reconstruct the same, permission could have been granted by respondent No.1. In the case in hand, respondent Nos.3 and 4 are said to be the persons belonging to community of traditional toddy tapper, who fall in the local community. Therefore, whatever structure they had, which required repairs/reconstruction, could be permitted by GCZMA to be reconstructed but the same should have been permitted only on the plinth of the said existing structure and not beyond that. It can also be firmly interpreted that these provisions would indicate that respondent No.1 ought to have been vigilant while granting permission as to whether the said persons were obtaining permission for their residential purposes or the same was being obtained for a property leased out to other parties for the purpose of commercial use. In the case in hand, it is quite apparent that respondent Nos.3 and 4, who belong to traditional toddy tapper community, by way of lease, had transferred the said land to respondent No2, who is running full-fledged Resort on the said land and it is also alleged that the said transfer through lease-deed was effected even prior to grant of impugned permission by respondent No.1.
