At the Cost of the Coast

At the cost of the coast 

Herald Review November 30, 2014 

The inspections, show cause notices and demolition orders by the GCZMA all fail to stop constructions within the No Development Zone along the Pernem coastal belt. 


LISA ANN MONTEIRO

In September this year the Goa Coastal Zone Management Authority (GCZMA) dropped show cause notices issue to three parties and disposed of complaints of illegal construction against three parties on the Pernem coastal belt.

The show cause notices were issued to all three parties on September 18 last year followed by demolition orders issued early this year. These were challenged by the parties before the National Green Tribunal, New Delhi.

The GCZMA deliberately made their case weak, it appears, to benefit the parties and in all three cases before the NGT admitted to the court that they hadn’t complied with principles of natural justice.

At the July 11 hearing before the NGT, Jai Karan Juneja (proprietor Micassa) v/ s the GCZMA, the counsel representing the GCZMA stated that “ no personal hearing was granted to the Applicant and the Authority is willing to grant personal hearing to the Applicant and pass appropriate orders.” In view of this statement, the NGT set aside the order dated 19th March 2014 (demolition order) and remanded the matter back to the GCZMA. 

At the July 11 hearing before the NGT, Jaydeep Rajebonsle (proprietor Marbela Beach Resort) v/ s GCZMA, the counsel for the GCZMA submitted that the authority “ doesn’t wish to content the Appeal for the reason that admittedly neither proper hearing was granted to him nor the copy of the inspection reply was supplied to the Appellant.

Therefore he does not press for sustaining Order dated 8th April 2014 and would pass a fresh order after giving opportunity to the Appellant of being heard and upon providing him with the copy of the inspection report.” In view of the GCZMA’s statement, the NGT set aside the order dated 8th April 2014 (demolition order) and directed the Respondent to give hearing to the Applicant within two weeks.

In yet another case before the NGT, on July 21, Mandela (Mandala) Resort v/ s GCZMA, the counsel for GCZMA took a “ decision to withdraw the impugned order passed against the Appellant for want of compliance to the principles of natural justice and pass a fresh order in accordance with law.” In view of this the NGT yet again set aside the demolition order.

All three parties were granted personal hearings by the GCZMA following which the show cause notices were dropped.

In the case of Micassa at Ashwem, Mandrem, the show cause notice on September 18, 2013 states that the “ hotel exists in the intertidal zone and is further on an elevation. Whole area in the NDZ. A swimming pool also exists on the elevation. Hotel extends into the sea.” 

The GCZMA’s technical officer on re-inspecting the site observed that the swimming pool was removed, eight temporary seasonal structures were removed, the base of concrete on which the temporary structure is put is under demolition, the steps leading to the beach and steps leading to the hotel are under demolition but the three permanent structures have not been removed. The party submitted documents including license issued by the Village Panchayat in the year 1989 and permission for “ reconstruction of existing agriculture store room” in 1986 obtained by Arjun Vinayak Shetgaonkar.

The party also said the structures had been issued house numbers by the panchayat. GCZMA dropped the complaint and disposed of the matter.

In the case of Marbela beach Resort in Morjim, the Show Cause notice issued by the GCZMA on September 18 last year states that “ whole resort + garden including a spa and restaurant + individual rooms built to appear as huts have concrete floors and have not been removed in the off season. Majority of the structures are partly concretized especially the floor and are not temporary structure.

The whole area of Marbela Beach Club lies in the NDZ and the border wall falls within the intertidal area. M/ S Marbela Beach Club is located in close proximity (between 1 to 2 km) of the turtle nesting site of Morjim beach.Resort exists on sand dunes which imply destruction of sand dunes for the development of the garden, bar and restaurant, massage centre etc.” The party submitted that they had removed temporary seasonal structures and the retaining wall and produced documents to show that the two permanent structures were existing before 19- 02- 1991. GCZMA dropped the show cause notice and disposed of the complaint against the party.

In the case of Mandala in Junaswada Mandrem, the show cause notice states that there “ exists a huge concrete ground plus two structure with five ground plus one huts and that the huts made up of bamboo sheets woven, however all floors plus bathrooms are concrete and that presently all five huts covered with plastic sheets. That three more structures exists in garden area and the resort goes up to seaward side surrounded by mangroves lined by a concrete wall and that the area looks to a khazan land filled- up with laterite soil which falls into the No Development Zone.” 

When the first demolition order was only partly complied with, the GCZMA issued yet another which was challenged before the NGT. At a personal hearing before the GCZMA after the NGT disposed off the matter, the party submitted that all temporary structures were demolished and the ground plus two structure was in existence prior to the enforcement of the CRZ Notifications 2011. The party produced documents including Form 1 & IV, permissions issued by the village panchayat of Mandrem for erection of building, occupancy certificate granted by the panchayat, permission to start restaurants and house tax receipts. The GCMZA then dropped the show cause notice.

Earlier this year there were reports that over 70 percent of commercial projects in Morjim that had come up since 2009 did so based on fake licenses.

Goa Foundation’s Dr Claude Alvares who has been fighting to protect the last stretch of coast left in North Goa says false permissions are given to anyone who is willing to pay. “ Most structures on this belt came up during the past five years and fall in the No Development Zone. The violators are largely Delhi parties who move the NGT and get stays. They keep approaching the NGT, Delhi which they find more convenient rather than the Pune bench. If one of these buildings collapses tomorrow with foreigners inside it will be international news and all authorities will be condemned for being corrupt.” People along this stretch are undermining their own tourism business and destroying they own income potential, he feels.

GCZMA member secretary Srinet Kothwale says the GCZMA is only a quasi- judicial authority and has to follow proper procedure and cannot instantaneously demolish structures.

“There needs to be a better enforcement mechanism,” he says. He blames the panchayat bodies too. “The structures don't come up overnight. No constructions can come up without the panchayat being aware of them.The panchayat is the enforcing authority and they need to stop illegal constructions in the initial stage as this is the best time to tackle them.” 

Fatorda MLA Vijai Sardesai who has been vocal in the Assembly about CRZ violations on this stretch says the Pernem coastal belt is like a wild country and has the most favoured beach status where the most CRZ violations can be found.The alibi that these structures promote tourism in the State is only an eyewash he says.“The only people benefitting are the politicians and the perpetrators with money from outside the State. The locals are not benefitting.” 

The epicenter of all illegalities he says are in this belt where a nexus exists between political power and the perpetrators.“It is not possible to build huge concrete structures on the beach without political patronage. If the Chief Minister is not policing them then is he so weak that he cannot take action?” Review Bureau 

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