agenda items for the 113th meeting of the goa coastal …dstegoa.gov.in/agenda113.pdfpage 1 of 57...

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Agenda Items for the 113th Meeting of the Goa Coastal Zone Management Authority

(GCZMA) to be held on 26/02/2015 (Thursday) at 12:00 p.m. in the Conference Hall of

Principal Secretary (Environment), 2nd floor, Secretariat, Porvorim – Goa.

Item No.1: To confirm the minutes of the 112th Meeting of the GCZMA held on 28/01/2015

The minutes of the 112th Meeting of the GCZMA held on 28/01/2015 at 11:00 a.m.

are enclosed herewith (Annexure ‘I’). The members may kindly give their comments /

suggestions, if any and the same may be confirmed.

Item No. 2:

Case No. 2.1

NOC/Permission for change in location of erection of one Additional shack approved by

GCZMA at Khobravaddo to be shifted and erected at Gauravaddo, Calangute Village,

Bardez Taluka by the Department of Tourism, Government of Goa, Panaji - Goa

(GCZMA/N/14-15/ )

Background: The project proponent desire to change the location for erection one

additional temporary Seasonal structure over and above the 17 number of structures as

approved in the Tourism Policy 2013 – 16 at Calangute Village, Bardez - Goa.

The GCZMA in its 109th

meeting held on 12/11/2014 had already granted approval /

NOC vide letter no. GCZMA/N/14-15/100/1559 dated 19/11/2014 for erection of one additional

shack at Khobravaddo over and above to that of 17 number of structures as approved in the

Tourism Policy 2013 – 16 at Calangute Village, Bardez – Goa.

Copy of the fresh application of the Department of Tourism is enclosed as Annexure ‘II

Colly’.

However, the Department of Tourism, Government of Goa has now requested for change

in location of the said shack to Gauravaddo instead of Khobravaddo, Calangute, Bardez - Goa.

The Authority may deliberate and decide.

Item No. 3 (Approval for the Community Projects)

The GCZMA is in receipt of following project proposals / applications pertaining to

the community projects from the concerned Government Departments / Autonomous

bodies / local bodies, seeking approvals / NOC from this Authority under the CRZ

Notification 2011.

In view of the above, following cases / applications received from various project

proponents / applicants are placed before the GCZMA for deliberation and decision:

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Case No. 3.1

NOC/Permission for beautification and illumination of public streets / footpaths and open

space in Ward No. 9 & 10, Miramar, Panaji – Goa received from Corporation of City of

Panaji (CCP) (GCZMA/N/14-15/107)

Background: The project proposal is received from the Commissioner, Corporation of City of

Panaji (CCP), vide letter no. F19/CCP/ENG/GOVT/2014-15/4114 dated 11/12/2014 seeking

approval of the GCZMA for “the proposed work of Beautification and illumination of Public

Streets / Footpaths in Ward No. 9 and 10”, Miramar, Panaji – Goa. The CCP has informed that

the said proposal is approved by the North Goa Planning and Development Authority.

Site Inspection Report: The site was inspected by Shri. Ragunath Dhume, Expert Members

(GCZMA) on 15/12/2014. The site inspection report indicates that the proposed site is within

100 mtrs of river Mandovi (CRZ II) and pavers will be laid on sand. The report further states that

no cement to be used on sand area except on existing kerb wall and coping of the kerb walls can

be of Kota stone or granite. Further, the report also states that the CCP is suggested to avoid

structures on sand dunes. Copy of site inspection report is annexed as Annexure ‘III’.

The said matter was placed in the 111th

GCZMA meeting held on 30/12/2014 wherein it was

noticed that there is a need for a detailed explanation about the proposal by the representative’s

of CCP and the Authority decided to defer the matter so as to seek clarification and also to

request the Applicant i.e. the Corporation of City of Panaji (CCP) to depute their representative/

consultant in order to give a brief presentation about the said project before the Authority in the

next meeting.

In view of the above, the matter is placed before the Authority for Presentation by

the representative of CCP and decision in the matter accordingly.

Case No. 3.2

NOC/Permission for “Construction, Operation and maintainance of balance works for 4

laning of the stretch of NH – 17B from Varunpuri to Sada Juction from 13.100 Km to 18.3

Km and elevated road cum flyover cum ROB from Ravindra Bhavan Junction to gate No.

09 of the MPT including its loop connectivity ramps in the State of Goa” received from

Public Works Department (PWD) (GCZMA/S/14-15/ )

Background: The project proposal is received from the Executive Engineer – XIV (NH), Public

Works Department (PWD), vide letter no. 1/1/PWD/WD-XIV (NH)/ASW/2014-15/26 dated

16/12/2014 seeking approval of the GCZMA for “Construction, Operation and maintainance of

balance works for 4 laning of the stretch of NH – 17B from Varunpuri to Sada Juction from

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13.100 Km to 18.3 Km and elevated road cum flyover cum ROB from Ravindra Bhavan

Junction to gate No 09 of the MPT including its loop connectivity ramps in the State of Goa”.

Site Inspection Report: The site was inspected by Dr. Antonio Mascarenhas, Expert Members

(GCZMA) on 20/01/2015. The site inspection report indicates that site constitutes the alignment

for the (pending) proposed 4-lane NH 17B highway from Varnapuri junction to Sada, via the

coastal belt of Baina. From a geomorphological viewpoint, the stretch is made up of a hill top

from Varnapuri up to the edge of the cliff that is made of laterite. At the base of the rocky

promontory, a narrow creek that runs southward empties into the sea. This point is the southern

extremity of Baina beach. From south towards north, the sandy sea front is about 1.5 km long.

Baina beach consists of low sand dunes with some vegetation in the central part. The beach has

an average width of about 45 meters at the central main entry point (GE image of 11 June 2014).

The beach is prone to annual cycles of erosion, but recuperates during the fair weather. This

process makes this beach ecologically sensitive, a factor that needs to be considered when any

activity is planned in this area.

The southern part of the beach front is colonized by several hutments and small dwellings

whereas the northern part consists of permanent as well as some makeshift structures. The sandy

beach environment is therefore under severe anthropogenic pressure.

The beach terminates at the base of Sadahill; the entire cliff section is made of laterite. As is the

case with most lateritic cliffs, the Sada sea cliff presents a fractured sea face. The cliff is prone to

erosion as evidenced by laterite boulders of various sizes strewn all along the HTL, at the base of

the steep cliff.

The highway alignment passes alongthe above three morphologically distinct coastal landscape:

(1) The Varnapuri hill slope that descends towards Baina coast, (2) The Baina beach section

trending South towards North, and (3) again another sea cliff towards Sada.

From a CRZ perspective, the section from Varnapuri up to the creek (at the base of the cliff,

south of Baina beach) falls outside CRZ. The highway strip (south to north) all along Baina

beach, and the cliff edge (southern part of Sada headland) runs within the NDZ (0-200 meters

from HTL). It is precisely this section, within the NDZ, that constitutes the flyover. Beyond this

point the CRZ rules do not apply. In all, around 2.5kilometers of the highway falls with the NDZ

and, as such, only this part comes under the purview of CRZ 2011 laws.

Two major issues merit a serious thought:

(1) It is the flyover all along and parallel to the Baina beach that merits a serious discussion

as the alignment runs along a sensitive beach that gets eroded every year. The situation

becomes quite alarming when monsoon waves often overtop the low sand dunes.In

addition, there is a proposed diversion / branching of the flyover towards the city,

opposite the RavindraBhawan. Obviously, a heavy disturbance of the backshore is

envisaged. Therefore, digging of huge pits for the foundations of several columns is

bound to disturb the ecological stability of a sensitive beach. It is imperative to note that a

4-lane road with dividers, parallel to the beach front, already exists and is functional at

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present. The flyover proposal has overlooked such a critical aspect. (It may also be noted

that not a single similar example of a flyover along a sandy beach can be found in India.)

(2) Of greater concern is the part of the alignment along the Sada sea cliff, from the northern

extremity of Baina beach. Whether or not an edge of a steep cliff will bear a 4-lane road

and the consequent heavy traffic is not known. The proposal is silent on this issue as well.

In summary:

A. The section from Varnapuri up to the bridge over the creek does not call for any

comments or interference from the GCZMA.

B. The validity of and the need for a 1.5 km long fly-over along Baina beach does not

seem to stand scientific scrutiny because it runs too close to an ecologically sensitive

beach that suffers annual erosion, and also because a clear 4-lane road is already in place.

C. Similarly, a proposal of constructing a 4-lane wide road along the vertical cliff edge

towards Sada is bound to be a highly contentious issue as this laterite cliff is jointed, and

prone to cliff base erosion; thus thegeological stability of this cliff edge is highly

doubtful.

D. Beyond this point (Sada hill top), the alignment runs outside CRZ limits and is hence

outside the purview of GCZMA.

More importantly, as stipulated in the CRZ 2011 guidelines, a detailed EIA from a

competent agency is imperative so as to ascertain the feasibility of such a major project,

in particular, the proposed flyover along the sensitiveBaina beach stretch followed by the

unstable cliff edge part that entirely falls within the No Development Zone (NDZ).

Copy of site inspection report is annexed as Annexure ‘IV’.

In view of the above, the matter is placed before the Authority for Presentation by

the representative of PWD and decision in the matter accordingly.

Item No. 4 (Construction/Repair/Renovation/Reconstruction of existing Residential Houses

/ structures in CRZ-III area)

The GCZMA is in receipt of following proposals for repair / renovation /

reconstruction of existing residential houses / structures in CRZ – III area. The CRZ

Notification 2011 permits such activities in CRZ – III area thereby not exceeding existing

Floor Space Index, Plinth area, density and subject to condition that the structure should

not be used for commercial purpose and not to be sold or transferred to the nontraditional

community. However, the project proponent / applicant is required to obtain requisite

NOC / Permissions, etc. which are required under the law before commencement of work.

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Case No. 4.1

NOC for reconstruction of existing house in the property bearing Sy. No. 173/1-K of

Calangute Village, Bardez – Goa by Lorena Rodrigues (File No. GCZMA /N/14-15/75)

Background: The Applicant desire to carry out reconstruction of existing house. The applicant’s

name is reflected in Form I & XIV. The plot area is 648.00 Sq. mts.

Site Inspection Report: The site was inspected by Shri. Raghunath Dhume and Dr. Antonio

Mascarenhas, Expert Members (GCZMA) on 17/09/2014. The inspection report indicates that

the property is located close to the beach. There exists road to the beach on one side and

construction is come up in the next plot. There exists sandy soil and a large dune field. The dunes

are tampered due to human activity. There exists bushes and few coconut trees. The plot is

located around 15 mts. from the HTL. There exists a partly built structure in the plot. The name

of the applicant is noted in Form I & XIV. A structure is marked in DSLR plan of 04/03/2014.

However, another DSLR plan of 17/09/2013 shows a different set up – new structure plus shed.

There appears to be difference between two DSLR plans. The plot is located on a frontal dune

field with uprooted vegetation. No other approvals are submitted. Copy of the site inspection

report is enclosed herewith as Annexure ‘V’.


Case No. 4.2

NOC for reconstruction of existing house bearing no. 523 located in Survey No. 55/7 of

Penha-da-Franca village, Bardez Taluka by Mr. Joaquim Valdaries (File No. GCZMA

/N/14-15/33)

Background: The Applicant desire to carry out reconstruction of existing house. The said

houses are shown on the survey records and the same are registered in the Village Panchayat of

Penha-de-Franca. The applicant’s name is reflected in Form I & XIV. The plot area is 625.00. sq.

mts. The plinth area of the house is 102 sq.mts.

Site Inspection Report: The site was inspected by Shri. Raghunath Dhume Expert Members

(GCZMA) on 11/07/2014. The inspection report indicates that the existing structure is located

about 25 mts. from HTL of River Mandovi. The existing land use is settlement. Ownership

document is not clear as form I & XIV is not attached. The Affidavit Declaration mentioned plot

55/4, whereas the house is in 55/7. Copy of the site inspection report is enclosed herewith as

Annexure ‘VI’.


Case No. 4.3

NOC for repair and renovation of the existing house bearing No. 455 located in Sy. No.

190/1 of Poinguinim Village, Canacona – Goa by Mrs. Conceicao Fernandes

(GCZMA/S/109/2001).

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Background: The applicant has requested for renewal of the NOC / Approval / Permission

granted by the GCZMA in the year 2007. The applicant’s name is reflected in the Form I & XIV.

The total plot area is 328.00 Sq. mts. The applicant has also endorsed the copy of the NOC

granted by the GCZMA to Mrs. Conceicao Fernandes dated 23/01/2003.

The applicant, Mrs. Conceicao Fernandes, R/o. Cantebag, P.O. Poinguinim,Canacona – Goa in

her letter dated 16/07/2014 has requested the Office of GCZMA to issue her a fresh NOC based

upon the previous NOC granted by the GCZMA with respect to the house bearing No. 455

located in Sy. No. 190/1 of Poinguinim Village, Canacona – Goa dated 23/01/2003 and also, a

letter of the GCZMA to the Village Panchayat of Poinguinim dated 03/08/2007 regarding the

renewal of the NOC which was granted on 23/01/2003. However, Mrs. Conceicao Fernandes in

her letter has informed the Office of GCZMA about her inability to carry out the repair and

renovation of the abovementioned house during the said period and hence has now requested this

Authority to issue a fresh NOC in the matter and has also informed that the said NOC of

GCZMA is required by them in order to obtain NOC of the Village Panchayat of Poinguinim for

the said repair and reconstruction of the existing house. Copy of letter from the applicant and the

NOC issued by GCZMA dated 23/01/2003 is annexed herewith as Annexure ‘VII’.

The Authority may like to decide.

Case No. 4.4

NOC for construction of residential house in the property bearing Chalta No. 14 of P.T.S.

No. 12, Panjim, Tiswadi – Goa by Damodar Halornekar, Purshottam Halankar, Shamistha

Halankar and Prakash Halankar (File No. GCZMA /N/14-15/84)

Background: The Applicant desire to carry out construction of residential house while

demolishing the old house. The applicant’s endorsed copy of a deed of sale. The plot area is

266.00. sq. mts. The


(GCZMA) on 10/10/2014. The inspection report indicates that the proposed site is falls 50 mts.

from Ribandar creek. Riverward from existing road. There exists an old house. The applicant

has purchased the property by deed of sale. An original DSLR plan is not attached. The

photocopy also shown a signature by a Civil Engineer on DSLR plan, this is not permissible, as

it is tampered. An original DSLR plan is needed to verify the original. The GCZMA lawyer may

recheck. The issue of setback w.r.t the road will have to be checked by TCP department. Copy of

the site inspection report is enclosed herewith as Annexure ‘VIII’.


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Case No. 4.5

NOC for reconstruction of existing house residential bearing no. 49/2 located in Survey No.

110/4 of Candolim village, Bardez Taluka by Mrs. Antonette Lobo alias Mrs. Antonette

Fernandes (File No. GCZMA /N/14-15/102)



Candolim. The applicant’s name is reflected in Form I & XIV. The plot area is 425.00. sq. mts.

The plinth area of the house is 75.00 sq.mts.


(GCZMA) on 27/11/2014. The inspection report indicates that the existing structure i.e. remains

of damaged house is located beyond 200 mts. from HTL. Presently there exist ruin structure /

partly damaged structure within the plot. The existing land use is settlement. Copy of the site

inspection report is enclosed herewith as Annexure ‘IX’.


Case No. 4.6

NOC for reconstruction of existing residential house bearing no. 1/265 located in Survey

No. 138/6 of Calangute village, Bardez Taluka by J.B. Advani & Co. Pvt. Ltd. (File No.

GCZMA /N/14-15/101 )



Candolim as H. No. 1/265 situated at Gaura Vaddo, Calangute. The applicant’s name is reflected

in Form I & XIV. The plot area is 5075.00. sq. mts. The Applicant has submitted the certificate

dated 06/06/2014 issued by the Village Panchayat of Calangute certifying therein that house

bearing no. 1/265 is registered in the name of Esperanca C. Sieiro Fernandes since the year 1971-

72 and later it is transferred in the name of Advani Pvt. Ltd.


(GCZMA) on 27/11/2014. The inspection report indicates that the existing structure is located

beyond 200 mts. from HTL and the dimensions proposed for reconstruction of house tally with

existing house. Presently, there exist residential house within the plot. The existing land use is

settlement. Copy of the site inspection report is enclosed herewith as Annexure ‘X’.


Case No. 4.7

NOC for reconstruction of existing house located in Survey No. 168-1-A of Siolim village,

Bardez Taluka by Mrs. Lactancia Miranda E Rego (File No. GCZMA /N/14-15/ )

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Candolim. The applicant’s endorsed copy of a deed of sale. The plot area is 208.00. sq. mts. The

plinth area of the house is 63.1 sq.mts.


(GCZMA) on 27/11/2014. The inspection report indicates that the existing house is located

within 100 mts. from HTL of River Chapora. Presently there exist residential house within the

plot. The existing land use is settlement. Copy of the site inspection report is enclosed herewith

as Annexure ‘XI’.


Case No. 4.8

NOC for reconstruction of existing residential house bearing no. 445 located in Survey No.

145/6 of Candolim village, Bardez Taluka by Mrs. Victoria Linus Gonsalves (File No.

GCZMA /N/14-15/115)

Background: The Applicant desire to carry out reconstruction of existing house. The said house

is shown on the survey records and the same are registered in the Village Panchayat of Candolim

as H. No. 445 situated in Survey No. 145/6 of Mara Wado also known as Murod situated at

Village Candolim. The Applicant has submitted the Deed of Gift and Deed of Rectification

between Mr. Jose Sales Militao Pires (The Donor) and Mrs. Victoria Linus Gonsalves (The

Donee). The applicant’s name is reflected in Form I & XIV. The plot area is 475.00. sq. mts.

Site Inspection Report: The site was inspected by Shri. Raghunath Dhume Expert Member

(GCZMA) on 05/02/2015. The inspection report indicates that there exists residential houses in

adjoining properties and the existing land use is residential. The said plot is located between 200

mts. to 500 mts. from the HTL. Presently, there exist residential house within the plot. The

structure is shown on DSLR plan and ownership documents are submitted. Copy of the site

inspection report is enclosed herewith as Annexure ‘XII’.


Case No. 4.9

NOC for reconstruction of existing residential house bearing no. 3/13A & 3/13B in Survey

No. 156/4 (part) of Calangute village, Bardez Taluka by Mrs. Pratima D. Korgaonkar (File

No. GCZMA /N/14-15/106)


is shown on the survey records and the same are registered in the Village Panchayat of Calangute

as H. Nos. 3/13A & 3/13B situated in Survey No. 156/4 (part) of Village Calangute. The

Applicant has submitted the Deed of Sale, house tax receipts of the Village Panchayat of

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Calangute for the year 1979 -79 and also an Affidavit / Undertaking. The applicant’s name is

reflected in Form I & XIV. The plot area is 405.00. sq. mts and the existing coverage area of the

house is 167.26 Sq. mts.




mts. to 500 mts. from the HTL. Presently, there exist residential house within the plot. The house

is shown on DSLR plan and the sale deed dated 12/08/1987 also shows the house. Copy of the

site inspection report is enclosed herewith as Annexure ‘XIII’.


Case No. 4.10

NOC for reconstruction of existing residential house bearing no. 219 in Survey No. 205/8-A

of Calangute village, Bardez Taluka by Mrs. Rashmi R. Shirodkar (File No. GCZMA

/N/14-15/104)


is shown on the survey records and the same is registered in the Village Panchayat of Calangute

as H. No. 219 situated in Survey No. 205/8-A of Village Calangute. The applicant has submitted

a copy of Certificate of purchase issued by the Office of the Deputy Collector & S.D.O., Bardez

declaring Mrs. Rashmi R. Shirodkar as the purchaser of the said property. The applicant’s name

is reflected in Form I & XIV. The plot area is 300.00. sq. mts and the existing coverage area of

the house is 100.00 Sq. mts.




mts. to 500 mts. from the HTL. Presently, there exist residential house with mangalorian roof

tiles within the plot. The house is shown on DSLR survey plan and the applicant has also

produced copies of tax receipts of the Village Panchayat of Calangute for the year 1981-82.

Copy of the site inspection report is enclosed herewith as Annexure ‘XIV’.


Case No. 4.11

NOC for reconstruction of existing residential house bearing no. 1101 in Survey No. 165/1

of Candolim village, Bardez Taluka by Ms. Milagrina Braganza (File No. GCZMA /N/14-

15/59)


is shown on the survey records and the same is registered in the Village Panchayat of Candolim

as H. No. 1101 situated in Survey No. 165/1 of Village Candolim. The applicant has submitted a

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copies of the NOC’s from the Co-owners of the property for reconstruction of the existing house

to Ms. Milagrina Braganza. The plot area is 2370.00. sq. mts and the existing coverage area of

the building / house is 327.15 Sq. mts.




mts. to 500 mts. from the HTL (landward side). Presently, there exist residential house within the

plot. The house is shown on DSLR survey plan. Copy of the site inspection report is enclosed

herewith as Annexure ‘XV’.


Case No. 4.12

NOC for reconstruction of existing residential house in Survey No. 56/6 of Calangute

village, Bardez Taluka by Mrs. Sonia Prasad Bhandari (File No. GCZMA /N/14-15/62)


is shown on the survey records and the same is registered in the Village Panchayat of Calangute

situated in Survey No. 56/6 of Village Calangute. The applicant’s name is reflected in Form I &

XIV. The effective plot area is 1570.00. sq. mts and the existing coverage area of the house is

155.00 Sq. mts.



adjoining properties and the existing land use is residential. The said plot is located within the

width of the river. Presently, there exist residential house within the plot. The plot consist of a

house which is abandoned, the dimension of the existing house and proposed dimension tally.

The house is shown on DSLR survey plan. The compound wall on site is not according to the

boundry of survey plan. Copy of the site inspection report is enclosed herewith as Annexure

‘XVI’.


Case No. 4.13

NOC for construction of Guest house / Lodge with Boundry wall in Survey No. 120/4 of

Arossim village, Mormugao Taluka by Mr. Kavi Ghei and Mrs. Neeraj Ghei (File No.

GCZMA /S/14-15/43)

Background: The Applicant desire to carry out construction of Guest house / Lodge with

Boundry wall in Survey No. 120/4 of Village Arossim. The applicant’s name is reflected in Form

I & XIV. The total plot area is 1650.00. sq. mts.

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Site Inspection Report: The site was inspected by Shri. Ragunath Dhume Expert Member

(GCZMA) on 20/01/2015. The inspection report indicates that the hotel project is on the western

boundary and there exists residential houses in adjoining properties. The said plot is located

between 200 to 500 mts from the HTL. The site falls on landward side of the sea and is on border

of 500 mts. Hotel project exists between the site and the HTL. Copy of the site inspection report

is enclosed herewith as Annexure ‘XVII’.


Case No. 4.14

NOC for repairs and renovation of existing residential house bearing No. 6/28A in Survey

No. 207/2-A of Calangute village, Bardez Taluka by Mr. Benjamin Francisco Coutinho

(File No. GCZMA /N/14-15/105)

Background: The Applicant desire to carry out repairs and renovation of existing house. The

said house is not shown on the survey records and the same is registered in the Village Panchayat

of Calangute situated in Survey No. 207/2-A of Village Calangute. The applicant has submitted a

copy of the NOC of the Village Panchayat of Calangute vide letter no. VP/CAL/F-

13AC/86/W78/1402 dated 19/03/1986. The applicant’s name is reflected in Form I & XIV. The

plot area is 348.00. sq. mts and the existing coverage area of the house is 111.78 Sq. mts

(Ground floor area) and 93.38 Sq. mts. (First floor area).




to 500 mts. from the HTL. Presently, there exist residential house (G+1) within the plot which

requires repairs. The house has approval of Village Panchayat. Copy of the site inspection report

is enclosed herewith as Annexure ‘XVIII’.


Case No. 4.15

NOC for reconstruction of existing residential house in Survey No. 88/6 of Cansaulim

village, Mormugao Taluka by Mrs. Leopoldina Fernandes e Vaz (File No. GCZMA /S/)


is shown on the survey records and the same is registered in the Village Panchayat of Cansualim

– Arossim - Cuelim situated in Survey No. 88/6 of Village Cansaulim. The applicant has

submitted a copy of deed of sale between Mr. Oscar Pio Mascarenhas (referred to as the Vendor)

and Mrs. Leopoldina Fernandes e Vaz (referred to as the Purchaser). The applicant has also

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submitted a copy of Certificate of the All Goa Toddy Tapper’s Association. The applicant’s

name is reflected in Form I & XIV. The plot area is 725.00. sq. mts.




to 500 mts. from the HTL. Presently, there exist residential house within the plot. The said

property lies on the border of 500 mts. The house is shown on Resurvey plan of 2003. Copy of

the site inspection report is enclosed herewith as Annexure ‘XIX’.


Case No. 4.16

NOC for reconstruction of existing residential houses bearing Nos. 455A & 455B in Survey

No. 135/19 of Candolim village, Bardez Taluka by Mr. Suraj Morajkar (File No. GCZMA

/N/)

Background: The Applicant desire to carry out reconstruction of existing houses. The said


Candolim situated in Survey No. 135/19 of Village Candolim. The applicant has submitted a

copy of deed of sale and copy of Power of attorney between Mr. Suraj Morajkar and his wife

Mrs. Sanjana Morajkar to Mr. Sharan Morajkar. The applicant has also submitted a copy of

house tax receipts dated 24/12/2014. The applicant’s name is reflected in Form I & XIV. The

plot area is 1400.00 sq. mts.




to 500 mts. from the HTL. Presently, there exist two residential houses within the plot. The

documents are clear for ownership purpose and the two structures/ houses referred for

reconstruction are shown on DSLR plan. Copy of the site inspection report is enclosed herewith

as Annexure ‘XX’.


Case No. 4.17

NOC for reconstruction of existing residential house bearing No. 100 in Survey No. 272/10

A of Junaswada, Mandrem Village, Pernem Taluka by Mr. Francis Coelho (File No.

GCZMA /N/)


is shown on the survey records and the same is registered in the Village Panchayat of Mandrem

situated in Survey No. 272/10 A of Junaswada, Village Candolim. The applicant has submitted a

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copy of deed of sale Mr. Ganesh V. Desai and ors. and Mr. Francis Coelho dated 14/02/2006.

The applicant has also submitted a copy of house tax receipt dated 12/08/2011. The applicant’s

name is reflected in Form I & XIV. The plot area is 603.00 Sq. mts. and the effective area of the

house is 107 Sq. mts.




to 500 mts. from the HTL. Presently, there exists a residential house within the plot. The existing

house is shown on DSLR plan and is in bad condition. The applicant belongs to local

community. Copy of the site inspection report is enclosed herewith as Annexure ‘XXI’.


Case No. 4.18

NOC for construction of residential house / building, swimming pool and compound wall in

Survey No. 272/10 A-1 of Mandrem Village, Pernem Taluka by Mr. Ranganath Kalshavkar

(File No. GCZMA /N/)

Background: The Applicant desire to carry out construction of house / building, swimming pool

and compound wall in Survey No. 272/10 A-1 of Village Mandrem, Pernem – Goa. The

applicant has submitted a copy of deed of sale Mr. Francis Coelho and Mr. Ranganath

Kalshavkar dated 15/04/2013. The applicant has also submitted a copy of Conversion Sanad of

Deputy Collector & S.D.O, Pernem vide letter no. DY.COLL/PER/CNV/4-08/2014/1264 dated

21/05/2014. The applicant’s name is reflected in Form I & XIV. The plot area is 852.00 Sq. mts.



adjoining properties and the existing land use is vacant. The said plot is located beyond 200 mts.

from the HTL. The applicant has produced a Conversion Sanad and delineation letter from the

DSLR. The applicant belongs to local community. Copy of the site inspection report is enclosed

herewith as Annexure ‘XXII’.


Case No. 4.19

NOC for construction of Compound wall, Swimming pool and Security cabin in Survey

No. 95/1, 95/1-A of Reis Magos Village, Bardez Taluka by Mr. Felicio Inacio Francisco

Rodrigues (File No. GCZMA /N/14-15/41/711)

Background: The Applicant desire to carry out reconstruction of swimming pool and compound

wall in Survey No. 95/1, 95/1-A of Village Reis Magos, Bardez – Goa. The applicant has

submitted a copy of deed of sale Mr. Ganesh V. Naique Panvelcar and Mr. Felicio Inacio

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Fernandes Rodrigues. The applicant’s name is reflected in Form I & XIV. The plot area is

1978.00 Sq. mts.

Site Inspection Report: The site was inspected by Dr. Antonio Mascarenhas and Shri.

Raghunath Dhume, Expert Members (GCZMA) on 11/07/2014. The inspection report indicates

that there exists houses in adjoining properties and the existing land use is settlement. This plot is

located on the landward side of the road. The distance from the HTL is not shown. There exists

an old house where the applicant lives. The Form I & XIV shows several owners, the applicant

being one of them, whether NOC from others is needed may please be checked, the proposed

new gate is to be rebuilt with some modifications, the proposed swimming pool is located next to

the present house, about 200 mts. landward from the road, whether the new compound wall

needs a setback to be kept has to be confirmed with the TCP Departments. Copy of the site

inspection report is enclosed herewith as Annexure ‘XXIII’.


Case No. 4.20

NOC for reconstruction of existing residential house bearing No. 5/120B in Survey No.

176/15-A of Umta Vaddo, Calangute Village, Bardez Taluka by Mr. Ankush R. Govekar,

POA to Mr. Ramakant Subrao Shetye (File No. GCZMA /N/14-15/69)


is not shown on the survey records and the same is registered in the Village Panchayat of

Calangute situated in Survey No. 176/15-A of Umta Vaddo, Calangute Village, Bardez - Goa.

The applicant has submitted a copy of deed of sale. The applicant has also submitted a copy of

Affidavit and structural liability certificate from the Engineer.

Site Inspection Report: The site was inspected by Shri. Raghunath Dhume and Dr. Savita

Kerkar, Expert Member (GCZMA) on 22/08/2014. The inspection report indicates that there

exists residential houses in adjoining properties and the existing land use is residential. The said

plot is located between 200 to 500 mts. from the HTL. Presently, there exists a compound wall

within the plot. Foundation of 6 columns at grond level erected is observed on the site. The rusty

columns observed at the site up to 1 mt. above ground. The existing house is not shown on

DSLR plan. Copy of the site inspection report is enclosed herewith as Annexure ‘XXIV’.


Case No. 4.21

NOC for repair and renovation of the existing Tourist rooms / structure in Survey No.

148/2 of Calangute Village, Bardez Taluka by Mrs. Delilah S. Lobo (File No. GCZMA

/N/14-15/11)

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Background: The Applicant desire to carry out repair and renovation of the existing Tourist

rooms / structure situated in Survey No. 148/2 of Calangute Village, Bardez - Goa. The applicant

has submitted a copy of Sanad issued by the Office of the Collector, North Goa District vide

letter No. RB/CNV/BAR/59/2005 dated 12/06/2006. The applicant has also submitted a copy of

Deed of Sale between Ms. Santana Claudina Rufina Fernandes (referred to as the Vendor) and

Mr. Michael Lobo (referred to as the Purchaser). The applicant has also submitted an approval /

NOC granted by the Goa State Committee on Environment to the previous owner of the property

i.e. Ms. Santana Claudina Rufina Fernandes for the proposed construction of the said tourist

rooms dated 01/01/1992 and also the tax payment receipts. The name of Mr. Michael Lobo is

reflected in Form I & XIV.

Site Inspection Report: The site was inspected by Dr. Antonio Mascarenhas, Expert Member

(GCZMA) on 30/01/2015. The inspection report indicates that the area is full of houses and the

existing land use is settlement. There exists sparse vegetation in the plot. The HTL not shown on

DSLR plans attached, NDZ (0-200 mts.) not marked. There are several independent villas /

bungalows with a swimming pool in the centre. The applicant who was present at the site is the

wife of Mr. Lobo who is the co-owner of plot 148/2, along with SCR Fernandes (as per Form I &

XIV). A conversion Sanad was issued to SCR Fernandes in June 2006 for conversion of plot

148/2. Approvals for construction of Tourist rooms was issued in 1992 and signed by Chief

Town Planner. Original approved plans are not attached and may be checked by the GCZMA.

Copy of the site inspection report is enclosed herewith as Annexure ‘XXV’.


Case No. 4.22

NOC for repair and renovation of the existing building in Survey No. 146/1, 2 of Calangute

Village, Bardez Taluka by Mrs. Delilah S. Lobo (File No. GCZMA /N/14-15/11)

Background: The Applicant desire to carry out repair and renovation of the existing building

situated in Survey No. 146/1, 2 of Calangute Village, Bardez - Goa. The applicant has also

submitted a copy of Deed of Sale between Mrs. Maria Esparence D’Souza (referred to as the

Vendor) and Mr. Michael Lobo (referred to as the Purchaser). The applicant has also submitted

an approval / NOC granted by the Goa State Committee on Environment to the previous owner

of the property i.e. Mrs. Maria Esparence D’Souza for the proposed reconstruction of the said

tourist rooms in the amalgamated plots under Sy. Nos. 146/1,2 at Calangute, Bardez – Goa dated

15/12/1991. The name of Mr. Michael Lobo is reflected in Form I & XIV.


(GCZMA) on 30/01/2015. The inspection report indicates that there are several houses in the

locality and the existing land use is settlement. There exists sparse vegetation in the plot. The

distance from the HTL not shown in the DSLR plans. There exists structure in the plot. Some

repair work was going on inside the building at the time of inspection. The plots 146/1 and 146/2

are owned by the husband of the applicant. Plots 146/1, 2 have been amalgamated. A small

building exists in the amalgamated plot; this portion is sought to be renovated. Tourist rooms in

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plot 146/ 1 & 2 have been approved by Chief Town Planner in 1991 and plans signed by CTP.

Original plans / approvals are not produced; these may be checked by GCZMA before issuing

final clearances. Copy of the site inspection report is enclosed herewith as Annexure ‘XXVI’.


Case No. 4.23

NOC for renovation of the existing unit in the plot bearing Survey Nos. 106, 107, 108/1,

108/6, 108/8, 109/9, 109/7-A, 109/7-B and 110/13 of Candolim Village, Bardez Taluka by

M/s. Vivanta Holiday Village Goa By Taj (File No. GCZMA /N/14-15/11)

Background: The Applicant desire to carry out renovation of the existing unit in the plot

bearing Survey Nos. 106, 107, 108/1, 108/6, 108/8, 109/9, 109/7-A, 109/7-B and 110/13 of

Candolim Village, Bardez - Goa. The applicant has submitted approved plan from TCP and a

copy of Company Petition No. 797 of 2006 of High Court, Bombay regarding a sheme of

amalgamation of Taj Lands ltd. and other Hotels with the Indian Hotels Company Limited. The

name of Indian Hotels Company Limited is reflected in Form I & XIV.

Site Inspection Report: The site was inspected by Shri. Ragunath Dhume, Expert Member

(GCZMA) on 10/12/2014. The inspection report indicates that the existing land use is for Resort

(Taj). There are observed sand dunes from 0 – 200 mts. from HTL and dunes are covered with

grass. The plot falls partly between 0-200 mts. and partly between 200 – 500 mts from the HTL.

There exists a Hotel (Resort) within the plot. Structure 1 to 11 lies from 200 to 500 mts. of HTL.

The above structures are shown on DSLR plan. All houses lies within the compound of the

resort. One house in 200 mts is not shown on DSLR plan but shown on approved plan of the

resort which was approved by GCZMA in 2004-05 with ref. No. GCZMA/N/268/54. One house

which is been shared by the mundkars and the resort have common wall to repair and renovate.

NOC from mundkar has to be obtained. Copy of the site inspection report and photographs are

enclosed herewith as Annexure ‘XXVII’.


Case No. 4.24

NOC for reconstruction of the existing structure located in Survey No. 175/2 of Calangute

Village, Bardez Taluka by Mr. Jose Menino Do Rosario (File No. GCZMA /N/14-15/45)

Background: The Applicant desire to carry out reconstruction of the existing structure located

in Survey No. 175/2 of Calangute Village, Bardez - Goa. The applicant has submitted a copy of

Deed of Sale between Mr. Keith Anthony Nazareth and Mr. Jose Menino Do Rosario. The

structure is shown on DSLR plan. The name of the applicant is reflected in Form I & XIV.


(GCZMA) on 10/12/2014. The inspection report indicates that the existing land use is residential.

Sand dunes are located beyond the existing house. The site falls within 200 mts. of HTL. There

exists one residential house (G+1 structure). The existing house is shown on survey plan. The

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said house is located around 100 mts. from the HTL. The said house is of G+1 having TCP and

panchayat approval of 1978-79. Copy of the site inspection report is enclosed herewith as

Annexure ‘XXVIII’.


Item No. 5 (Other Projects)

Case No. 5.1

NOC for reconsideration of application for filling of land in Survey No. 22/2 of Ella Village,

old-Goa, Tiswadi Taluka by Sweta Estates Private Limited. (File No. GCZMA/N/14-15/13)

Background: The Applicant had requested to fill some part of the land so as to level for

landscaping and horticulture activities vide application dated 15/01/2014. Accordingly, the site

was inspected by Dr. Antonio Mascarenhas and Dr. Savita Kerkar dated 22/05/2014.

The said appliaction was placed in the 106th

GCZMA meeting held on 11/08/2014 wherein the

Authority decided not to consider the application as the said area is a salt pan area (CRZ-I Zone)

and also, decided to refer the matter to the Collector and the Town & Country Planning (TCP)

Department for inquiry and appropriate action.

However, the applicant vide letter dated 11/09/2014 has requested for reconsideration of their

application for filling of land. The applicant has further informed that the sas per the records

available issued by Govt. of Goa (ODP, RP etc.) do not mention existence of salt pans in that

area. The applicant has also submitted a proposed layout plan highlighting the area required for

filling for the purpose of horticulture activity.

Accordingly, the site was re-inspected by Dr. Antonio Mascarenhas dated 10/10/2014.


(GCZMA) on 10/10/2014. The site inspection report indicates that there exists a lagoon on the

upstream side, there are scattered mangroves at site. The plot is within NDZ. There exists two

structures at the entrance which are shown on DSLR plan. The land filling is already done and

ornamental plants / shrubs are planted. The plot “might” not have been a salt pan as insisted by

the owner; but plot 22 formed a large distinct saline water body, 180 m long, rectangular,

confirmed by GE images by 2004. By 2010, the entire water body is filled with solid, except for

a 30 m long upstream pond which can still be identified. There seem to be no approvals for

filling such a large saline lagoon. The water body has already been reclaimed. The sluice gate is

seaded with concrete. Further reclamation of this strip is tantamount to violation of CRZ 1991 /

2011, as the entire plot falls in the mandatory NDZ where no activity is allowed. Copy of the site

inspection report is enclosed herewith as Annexure ‘XXIX’.


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Case No. 5.2

NOC for proposed temporary net mending shed located in the property bearing Sy. No.

40/1, Ella Dauji, Old Goa by Mr. Teofilo D’Souza (File No. GCZMA /N/14-15/85 )

Background: The Applicant desire to carry out temporary net mending shed located in the

property bearing Sy. No. 40/1, Ella Dauji, Old Goa - Goa. The applicant has submitted a copy of

the property site plan, DSLR Survey plan, Structural liability Certificate and Certificate of

Conformity with regulation.

Site Inspection Report: The site was inspected by Dr. Antonio Mascarenhas Expert Members

(GCZMA) on 10/10/2014. The inspection report indicates that the site lies between the river and

road. The Konkan railway bridge is located in the west. The existing land use is a No

Development Zone (NDZ). The plot lies in the NDZ and is vacant. There is a discrepancy of the

plot numbers. The application is for plot 40 whereas the Form I & XIV is for plot 41. The

owners of the plot 40 where the shed is to be erected is not known. The applicant has to correct

and verify ownership documents, and DSLR plan and match it with drawings indicating correct

plot numbers. Applicant may be asked to resubmit corrected documents and drawings. An

affidavit is to be obtained from applicant that the shed will be used for fishing activity only.

River bank cannot be tampered with; here mangroves may be planted for bank stability. Copy of

the site inspection report is enclosed herewith as Annexure ‘XXX’.


Item No. 6 (Proposals pertaining to Hotels/Beach Resorts project in CRZ-III area)

The Annexure ‘III’ of the CRZ Notification 2011 provides for guidelines for

development of Beach Resorts or Hotels in the designated areas of CRZ – III & CRZ – II

for occupation of tourists or visitors with prior approval of the MoEF. The conditions laid

down interalia provides that the project proponent shall not undertake any construction

within 200 mts. on the landward side of HTL and within the area between LTL & HTL.

Further, the proposed construction shall be beyond the hazard line or 200 mts. from the

HTL whichever is more. Further the total plot size shall not be less than 0.4 hectares and

the total covered area on all floors shall not exceed 33% of the plot size i.e. the floor space

index shall not exceed 0.33 and the open area shall be suitably landscaped with appropriate

vegetation cover.

Case No.6.1:

Proposed Construction of ‘Hotel Villas’ in Sy. No. 53/1 of Chicalim Village,

MormugaoTaluka by Mr. Mario J. A Alvares.

Background: The above mentioned proposal received from Mr. Mario J.A. Alvares.,

seeking CRZ Clearance from the Ministry of Environmental and Forests (MoEF) (GoI) has been

examined by the Goa Coastal Zone Management Authority (GCZMA), in its 77th

meeting held

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on 15 January 2013 and it was decided to recommend the same to the Goa State Environment

Impact Assessment Authority (Goa – SEIAA)

Accordingly, the project proposal has been appraised during its 8th

Goa-SEAC Meeting

held on 23/08/2012 as mandated in the EIA Notification, 2006, by the Goa State Expert

Appraisal Committee (Goa-SEAC) and the Goa State Environment Impact Assessment

Authority (Goa-SEIAA) during its 7th

Meeting held on 15th

March 2013. It has been informed

by the Goa State Environment Impact Assessment Authority (Goa-SEIAA) that the said activity

does not come under the purview of new EIA Notification 2006 and the same has been

conveyed to this office vide letter bearing no. 3-181-2010/STE-DIR/118 dated 27/03/2013. The

proposal was also examined by the Town and Country Planning (TCP) Department,

Government of Goa who has conveyed their approval after examining that the proposal abides

by all the norms specified for ‘Hotel’ projects as per Annexure III of the CRZ Notification,

2011 and confirmed to the local Town and Country Planning Guidelines and local building by

law.

Further, the project proposal was referred to Government of Goa for its consideration and

the same was considered.

The project proposal was further discussed in the 99th

GCZMA Meeting held on

20/02/2014 and it was decided to re-inspect the site.

Accordingly site was re-inspected by Shri Ragunath Dhume and Dr. Antonio

Mascarenhas Expert Member (GCZMA) on 21/03/2014.


GCZMA Meeting held on 02/07/2014 wherein it

was decided to recommend the project proposal to Ministry of Environment and Forests (MoEF),

Government of India for its consideration / prior approval in terms of the CRZ Notification 2011.

Copy of the letter of Goa State Expert Appraisal Committee Authority (Goa –SEAC) and

Goa State Environment Impact Assessment Authority (Goa – SEIAA) and a letter received from

the Office of Town & Country Planning Department, site inspection report etc are enclosed

herewith as Annexure ‘XXXI’.

In view of above, the Authority may decide the matter.

Case no. 6.2:

NOC for the Construction of Beach Resort in Sy.No. 156/2 and 156/3-A of Calangute

village, Bardez Taluka by Mr. Edgar Afonso.

Background: The above mentioned proposal received from Mr. Edgar Afonso., seeking

CRZ Clearance from the Ministry of Environmental and Forests (MoEF), (GoI) has been


meeting held

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on 15th

January, 2013and it was decided to recommend the same to the Goa State Environment

Impact Assessment Authority (Goa – SEIAA)

Further, the project proposal has been appraised during its 8th

Goa-SEAC Meeting held

on 23/08/2012 as mandated in the EIA Notification, 2006, by the Goa State Expert Appraisal

Committee (Goa-SEAC) vide letter bearing No. 1/80/12-PCB/SEAC/35 dated 28/08/2012 and

the Goa State Environment Impact Assessment Authority (Goa-SEIAA) during its 7th

Meeting

held on 15th

March 2013. It has been informed that the said activity does not come under

thepurview of new EIA Notification 2006 and the same has been conveyed to this office vide

letter bearing no. 3-181-2010/STE-DIR/113 dated 27/03/2013. The proposal was also examined

by the Town and Country Planning (TCP) Department, Government of Goa who has conveyed

their approval/recommend after examining that the proposal abides by all the norms specified for

‘Hotel’ projects as per Annexure III of the CRZ Notification, 2011 and confirmed to the local

Town and Country Planning Guidelines and local building by law.



The project proposal was discussed in the 99th

GCZMA Meeting held on 20/02/2014 and

it was decided to re-inspect the site.

Accordingly site was further re-inspected by Shri Ragunath Dhume and Dr. Nitin Sawant

Expert Member (GCZMA) on 04/04/2014.







the Office of Town & Country Planning Department, site inspection report etc are enclosed

herewith as Annexure ‘XXXII’.


Case No. 6.3:

Proposed Construction of Arun Resort in Sy.No. 63/3 of Chicalim Village, Mormugao

Taluka by Mr. Arun Shah.

Background: The above mentioned proposal received from Mr. Arun Shah., seeking

CRZ Clearance from the Ministry of Environmental and Forests (MoEF), (GoI) has been


meeting held

on 15th

January, 2013 and it was decided to recommend the same to the Goa State Environment

Impact Assessment Authority (Goa – SEIAA).

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Meeting

held on 15th

March 2013. It has been informed that the said activity does not come under the

purview of new EIA Notification 2006 and the same has been conveyed to this office vide letter

bearing no. 3-181-2010/STE-DIR/119 dated 27/03/2013. The proposal was also examined by the

Town and Country Planning (TCP) Department, Government of Goa who has conveyed their

approval after examining that the proposal abides by all the norms specified for ‘Hotel’ projects

as per Annexure III of the CRZ Notification, 2011 and confirmed to the local Town and Country

Planning Guidelines and local building by law.



The project proposal was discussed in the 99th

GCZMA Meeting held on 20/02/2014 and

it was decided to re-inspect the site.

Accordingly site was further re-inspected by Shri Ragunath Dhume and Dr. Antonio

Mascarenhas Expert Member (GCZMA) on 21/03/2014.







the Office of Town & Country Planning Department, site inspection reports etc are enclosed

herewith as Annexure ‘XXXIII’.


Case No. 6.4:

Proposed Construction of M/s. Good Value Hotels Resorts Pvt. Ltd. in Sy.No. 209/9, 10 of

Anjuna Village, Bardez Taluka by Mr. Vassant Dattatray Gavade.

Background: The above mentioned proposal received from Mr. Vassant Dattatray

Gavade, seeking CRZ Clearance from the Ministry of Environmental and Forests (MoEF), (GoI)

has been examined by the Goa Coastal Zone Management Authority (GCZMA), in its 77th

meeting held on 15th

January, 2013 and it was decided to recommend the same to the Goa State

Environment Impact Assessment Authority (Goa – SEIAA).





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Meeting

held on 15th

March 2013. It has been informed that the said activity does not come under the

purview of new EIA Notification 2006 and the same has been conveyed to this office vide letter

bearing no. 3-181-2010/STE-DIR/116 dated 27/03/2013. The proposal was also examined by the

Town and Country Planning (TCP) Department, Government of Goa who has conveyed their

approval after examining that the proposal abides by all the norms specified for ‘Hotel’ projects

as per Annexure III of the CRZ Notification, 2011 and confirmed to the local Town and Country

Planning Guidelines and local building by law.





the Office of Town & Country Planning Department, site inspection reports etc are enclosed

herewith as Annexure ‘XXXIV’.


Case No. 6.5:

Proposed minor changes in the approved plan for Construction of Beach Resort Hotel in

Sy.Nos. 41/1, 2, 3 and 42/2, 3 of Utorda Village, Salcete Taluka by M/s. Ramesh Hotels &

Resorts Pvt. Ltd.

Background: The above mentioned proposal received from M/s. Ramesh Hotels &

Resorts Pvt. Ltd., seeking CRZ Clearance for minor changes in the already approved plan /

project of M/s. Ramesh Hotels & Resorts Pvt. Ltd. in Sy.Nos. 41/1, 2, 3 and 42/2, 3 of Utorda

Village, Salcete – Goa vide letter No. DJ/5599/1306 dated 24/02/2006.

Site Inspection: The site was inspected by Shri. Ragunath Dhume, Expert Member (GCZMA)

on 13/02/2015. The site inspection report indicates that there exists hotels /resorts in the

adjoining properties. The said plot is located beyond 200 mts. and within 500 mts. from the

HTL. Presently, there exists a hotel building within the plot. The minor deviations are within

plinth, the minor deviations to be approved by the local authorities. The said project has been

approved by the GCZMA in 2006. Copy of the site inspection report is enclosed herewith as

Annexure ‘XXXV’.


Case No. 6.6:

Proposed Construction of Multi Purpose Hall for existing Dona Sylvia Beach Resort in

Sy.No. 109/1-U of Cavelossim Village, Salcete Taluka by M/s. Alcon Resort Holdings Pvt.

Ltd. (Unit Dona Sylvia Beach Resort).

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Background: The above mentioned proposal received from the Director, M/s. Alcon

Resort Holdings Pvt. Ltd. (Unit Dona Sylvia Beach Resort), seeking CRZ Clearance from the

GCZMA. The applicant in its letter has stated that the proposed Multi Purpose Hall will be

constructed for hospitality / tourism business only. The applicant has submitted a copy of

delineation plan showing the 200 mts line and the proposed site plan of the project. The

applicant’s name is reflected in Form I & XIV. The total area of the plot is 102710.00 Sq. mts.

Site Inspection: The site was inspected by Shri. Ragunath Dhume and Dr. Antonio

Mascarenhas, Expert Member (GCZMA) on 20/06/2014. The site inspection report indicates that

there exists hotel in the adjoining properties. The existing land use id commercial. The said plot

is located between 200 mts. to 500 mts. from the HTL. Presently, there exists a hotel within the

plot. The proposed Multipurpose hall falls between the existing hotel buildings.. Copy of the site

inspection report is enclosed herewith as Annexure ‘XXXVI’.


Case No. 6.7:

Proposed extension of existing Hotel i.e. M/s. Villa Goensa in Sy.Nos. 211/1 & 212/3 of

Calangute Village, Bardez Taluka by Mr. Antonio Lobo.

Background: The proponent desire to carry out extension of existing Hotel in Sy.Nos. 211/1

& 212/3 of Calangute Village, Bardez – Goa. The said matter was placed in the 8th

GCZMA meeting wherein it was decided to refer the project to Ministry of Environment &

Forests (MoEF) for environment clearance. The applicant has submitted the copies of

NOC’s from concerned Authorities (i.e. GSPCB, PWD, Electricity Department).

Accordingly, the Office of GCZMA had forwarded the said project along with the requisite

documents to the MoEF. Further, the MoEF vide letter no. 16-9/2007-IA.III dated

30/12/2013 had granted CRZ Clearance for construction of additional rooms to the existing

Villa Goesa Beach Resort at Calangute.

Site Inspection: The site was inspected by Shri. Ragunath Dhume and Dr. Antonio

Mascarenhas, Expert Member (GCZMA) on 17/09/2014. The site inspection report indicates the

plot has a Hotel / Resort that is already functioning. The existing land use is settlement. The

proposed site falls beyond 200 mts. from HTL, based on a photocopy of DSLR plan dated

18/07/2007. There exists a hotel buildings / cottages / dwellings. The applicant has produced a

sanction letter from MoEF dated 30/12/2013, based on which CRZ clearance appears to have

been granted. However, it appears this letter is obtained through RTI. The original letter /

approval is not attached. Copy of the site inspection report is enclosed herewith as Annexure

‘XXXVII’.

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Item No. 7 (Water front Activities such as Barge Repairs / Barge Loading / Unloading

Jetties / Land Acquisition, Erection of Ramps / Platforms etc.)

The GCZMA is in receipt of following application for various water front activities

which are regulated under para 4 of the CRZ Notification 2011 only if it requires

waterfront & foreshore facilities.

Case No. 7.1

NOC for proposed temporary repairs, assembling and construction of fishing trawlers

located in the property bearing Sy. No. 47/1, Ella Dauji, Old Goa by Mr. Teofilo D’Souza

(File No. GCZMA /N/ )

Background: The Applicant desire to carry out temporary repairs, assembling and construction

of fishing trawlers located in the property bearing Sy. No. 47/1, Ella Dauji, Old Goa - Goa. The

applicant has submitted a copy of Deed of Sale between Mr. Chandrakant B. Gaude and 18 ors.

and Mr. Teofilo D’Souza. The Applicant has also submitted a copy of the NOC of son of Mr.

Algeria Dias. The name of Mr. Algeria Dias is reflected in Form I & XIV. The applicant has also

submitted an Affidavit cum undertaking.

Site Inspection Report: The site was inspected by Shri. Raghunath Dhume and Dr. Antonio

Mascarenhas Expert Members (GCZMA) on 22/01/2014. The inspection report indicates that the

strip constitutes an embankment of Cumbarjua Canal. There exists mangroves along the bank.

The proposed site is few mwters along the HTL. There are two big trawlers which are being built

at site. The applicant started building two trawlers along the river bank without any approvals.

After complaints from certain individuals the applicant has applied for temporary permissions to

finish the construction of two trawlers. The applicant has filed an affidavit that the permission is

needed only till the completion of the two trawlers. The applicant has to make it clear that the

river bank / embankment will not be damaged and that it will be restored after the work is

completed. Although fringing mangroves were identified, it is strongly recommended that atleast

200 mangrove saplings be planted along the long river bank in consultation with the Goa

Biodiversity Board such an exercise will ensure the stability of the bank by restoring the

mangrove cover. Copy of the site inspection report is enclosed herewith as Annexure

‘XXXVIII’.


Case No. 7.2

NOC for proposed barge repair workshop, retaining wall, temporary GI structure shed in

survey no. 245/2 of Sancoale village, MormugaoTaluka by M/s. Neelam Engineering

Services (GCZMA/S/13-14).

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Background: The project proponent desire to construct the retaining wall and

construction of barge repair workshop/yard (all temporary G.I. structures/sheds). The

project proponent endorsed copy of a deed of sale. The plot area is a 300.00 sq.mts.

Consent to Establish has been obtained from the Goa State Pollution Control Board

(GSPCB).

Site inspection Report: The site was inspected by Shri. Ragunath Dhume Expert Member

(GCZMA) on 28/01/2014. The inspection report indicates that the plot is vacant. The project

proponent should obtain permission from National Highway Authority before commencement

any work on ground. Copy of the site inspection report is enclosed herewith as Annexure

‘XXXIX’.

The said matter was placed in the 103rd


was decided to ask the applicant to submit a permission of the National Highway Authority

(NHA) at the first instant.

However, now, the applicant has submitted an Affidavit Cum Undertaking.


Case No. 7.3

NOC for proposed repairs of the Jetty located in Survey no. 31/1, Amona Village, Bicholim

Taluka by M/s. Sesa Sterlite (GCZMA/BICH/AMO/12-13/01).

Background: The project proponent desire to carry out repairs of the unloading jetty

(Jetty No. 1) of M/s. Sesa Sterlite (Erstwhile Sesa Goa Limited) situated in Survey no. 31/1,

Amona Village, Bicholim – Goa. The applicant in its application states that the Jetty no. 1

used for unloading raw materials such a coal and iron ore from barges needs repairs as the

reinforcement steel of beams under the jetty are exposed and corroded and a major

structural crack was seen in the slab. Hence, the applicant has requested for grant of NOC

to carry out repairs of the same. The applicant has submitted the copy of the inspection

carried out by their Engineer.

Site inspection Report: The site was inspected by Dr. Antonio Mascarenhas andShri. Ragunath

Dhume, Expert Members (GCZMA) on 27/10/2014. The inspection report indicates that there is

mining industry in adjoining properties. The existing land use is for mining. The plot is located

within 100 mts. from the HTL. There exists a mining plant. It is obvious that the jetty is in

operation for several years and is sought to be repaired for loading / unloading activites. The

earlier approvals obtained by the company are not attached eg. Approvals from the GCZMA.

The entire NDZ (0-100 mts. strip) presents a very dismal appearance, dusty and devoid of

vegetation. Loose mud is found to flow in to the river during monsoons. For the sake of riverine

ecology, it is strongly recommended that atleast 100 saplings of appropriate mangrove species be

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planted along the adjacent banks, in consultation with Goa Biodiversity Board, Saligao. Copy of

the site inspection report is enclosed herewith as Annexure ‘XXXX’.


Case No. 7.4

NOC/ Approval for revised plans and to change in name indicated in earlier NOC dated

03/03/2008 for ongoing construction of Jetty for Barge loading and unloading facility in the

property bearing Survey nos. 18/3, 4 & 5, Cottombi Village, Bicholim Taluka in the name

of M/s. Counto Metals & Mining Company Limited (GCZMA/N/1 /07/).

Background: The applicant in its application states that the GCZMA had already granted

approval for the construction of Jetty for Barge loading and unloading facility in the

property bearing Survey nos. 18/3, 4 & 5, Cottombi Village, Bicholim – Goa vide letter no.

GCZMA/N/1/07/3691 dated 03/03/2008 which was granted in the name of Alcon Cement

Company Pvt. Ltd. and now, the applicant has informed that the name of the company

was changed from M/s. Alcon Cement Company Pvt. Ltd. to M/s. Counto Metals and

Mining Company Pvt. Ltd. and is now changed to M/s. Counto Metals and Mining

Company Ltd. and has requested to take note of the same.

Site inspection Report: The site was inspected by Dr. Antonio Mascarenhas, Expert Member

(GCZMA) on 21/10/2014. The inspection report indicates that there is coconut groves in

adjoining properties. There exists a mud road from atop the hill. The site is along the bank of

river. There exists an already built large jetty. This project is already approved in 2008, but

approvals have lapsed. The jetty that is built is higher than the level of the existing property; this

aspect needs to be confirmed with original drawings. The entire property presents a dismal

picture with mud spread all over the plot; this loose mud is bound to flow in to the river during

monsoon months. It is not known whether an EIA was done as any jetty is bound to interfere

with river flow. For the sake of the river bank ecology and stability, it is highly recommended

that at least 200 saplings of mangrove be planted along adjacent banks, in consultation with the

Goa Biodiversity Board, Saligao. The GCZMA may need to monitor the health of such river

banks in future. Copy of the site inspection report is enclosed herewith as Annexure ‘XXXXI’.


Case No. 7.5

NOC for proposed construction of floating pontoon jetty in river Mandovi adjacent to the

plot bearing Survey no. 2/5, Panelim Village, Old Goa, Tiswadi Taluka by M/s. Ozone

Leisure and Resorts Pvt. Ltd. (GCZMA/N/)

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Background: The project proponent desire to carry out proposed construction of floating

pontoon jetty in river Mandovi adjacent to the plot bearing Survey no. 2/5, Panelim

Village, Old Goa, Tiswadi – Goa. The applicant has submitted a copy of NOC / Permission

of Captain of Ports (CoP) Department vide letter no. I-11017/Floating

Pontoon/Panalim/476 dated 29/01/2013 and also renewal of NOC dated 29/01/2014.

Site inspection Report: The site was inspected by Dr. Antonio Mascarenhas, Expert Member

(GCZMA) on 10/10/2014. The inspection report indicates that there are houses on the upstream

side in the adjoining properties. There exists few mangroves along bank and sparse vegetation is

also observed. The site falls along / within the river Mandovi. There exists an old structure and

some abounded R.C.C Columns. The applicant intends installing a floating pontoon along the

river bank. The length is around 18 mts., and around 8 - 10 mts. in to the river. The applicant

insists that the pontoon is of a temporary nature for which permission is obtained from the CoP,

Panjim. Any structure within the river is bound to cause upstream and / or downstream erosion

and / or accretion. Such activities need an EIA from competent authorities as stipulated in the

CRZ 2011 rules. The river bank presents a degraded scene and is devoid of mangroves compared

to the opposite bank. Irrespective of whether approvals may / may not be granted, it is strongly

recommended that atleast 200 mangrove saplings be planted in consultation with Goa

Biodiversity Board, Saligao. Copy of the site inspection report is enclosed herewith as Annexure

‘XXXXII’.


Item No. 8( Wire Fencing / Bio-Fencing / Compound Wall / Road / Access etc.)

Case No. 8.1

NOC for proposed construction of compound wall between 200 to 500 mts. in Survey No.

159/9 of Candolim Village, Bardez Taluka by Mrs. Lydia Raquel Francisca D’Souza (File

No: GCZMA/N/14-15/116).

Background: The Applicant has requested to carry construction of compound wall which falls

between 200 to 500 mts. from HTL. The applicant has submitted a copy of delineation of CRZ

line from the DSLR. The applicant’s husband’s name is reflected in Form I & XIV. The plot area

is 4375.00 Sq. mts.

Site inspection Report: The site was inspected by Shri. Ragunath Dhume, Expert Member

(GCZMA) on 05/02/2015. The inspection report indicates that the proposed site falls between

200 to 500 mts. from the HTL. Beyond 200 mts., compound wall falls in CRZ – III area. Copy of

the site inspection report is enclosed herewith as Annexure ‘XXXXIII’.

In view of above, the Authority may like to decide.

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Case No. 8.2

NOC for proposed construction of chain link fencing in the property bearing Survey No.

330/1 of Loliem Village, Canacona Taluka by Mr. M.G. Gupta (Ardent Infrastructure and

Developers Pvt. Ltd.) (File No: GCZMA/S/14-15/38).

Background: The Applicant has requested to carry construction of chain link fencing in the

property bearing Survey No. 330/1 of Loliem Village, Canacona – Goa. The applicant has

submitted a copy of the DSLR plan and a Sanad bearing No. COL/SG/CONV/79/2010/3335

dated 08/03/2013 from the Office of the Collector, Margao. The name of Ardent Infrastructure

and Developers Pvt. Ltd. is reflected in Form I & XIV.

Site inspection Report: The site was inspected by Dr. Antonio Mascarenhas, Expert

Member (GCZMA) on 14/11/2014. The inspection report indicates that there is a large baren

platau and sparse vegetation in the adjoining properties. The site falls partly within 0-200 mts

and partly beyond 200 mts. from the HTL. The entire plot is located atop a platau, flat and

mostly barren. Biofencing using appropriate trees / bushes may be used within 0-200 mts from

the HTL. Masonary wall with laterite stones to be used only beyong 200 mts. from the HTL.

Copy of the site inspection report is enclosed herewith as Annexure ‘XXXXIV’.

In view of above, the Authority may like to decide.

Item No. 9:

Case No.: 9.1:

To discuss and decide on the Complaint dated 28/04/2014 filed by Betty Alvares with

regard to the illegal construction of compound wall and G+ 1 guesthouse carried out in the

property bearing Sy. No. 111/7 at Dando, Village Candolim by Mr. Aniceto Fermino

Fernandes within CRZ-III area.

Background:

1. A Complaint dated 28/04/2014 was filed by Betty Alvares, R/o B5/F1, Ribandar Retreat,

Tiswadi-Goa with regard to the illegal construction of compound wall and G+ 1

guesthouse carried out in the property bearing Sy. No. 111/7 at Dando, Village Candolim

by Mr. Aniceto Fermino Fernandes within CRZ-III area.

2. Upon receipt of the said Complaint, the same was forwarded to the Inquiry Committee of

the GCZMA vide letter bearing no. GCZMA/ILLE-COMPL/14-15/39/278 dated

07/05/2014 for necessary inquiry and action in the matter.

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3. The Inquiry Committee, then conducted inspection of the site on 04/06/2014 and was

further pleased to grant personal hearing to both the parties on 11/08/2014, on which date

the Complainant Betty Alvares remained present and filed her written Arguments. So

also, Mr. Aniceto Fermino Fernandes was present and produced such as Form I & XIV,

Survey Plan of Sy. No. 111/7 of Candolim Village, House Tax Receipt, Certificate dated

03/02/2012 issued by the Dy. Collector & S.D.O of Bardez, Certificate of Directorate of

Social Welfare dated 03/05/2013 thereby confirming the social status certificate issued by

the Dy. Collector & S.D.O of Bardez, Certificate dated 02/09/2008 of the traditional

Fisherman Association, North Goa that the affected party belong to OBC i.e. Christian

Kharvi Community, Certificate of the Village Panchayat of Candolim of which the copies

were given to the Complainant.

4. The Inquiry Committee of GCZMA after conducting due inquiry into the matter which

includes inspection of the site and personal hearing given to the concerned parties

submitted its report dated 28/10/2014 to the GCZMA on 30/10/2014.

5. The report of the Inquiry Committee of GCZMA in brief states as under: -

a. The affected party produced the Survey records Form I & XIV and the

Survey Plan of the property Sy. No. 111/7 of Village Candolim which

indicates that the structure was existing at the time when the Survey was

conducted in the year 1971 and the structure was existing prior to the

dated of CRZ Notification 19/02/1991.

b. The site plan attached to the report shows the existence of a structure in

the Survey plan but does not exist at the site. Instead another structure has

come up at the same place but with different position and G+ 1. As per the

CRZ Notification reconstruction or alteration of a structure is permissible

in the area of 200 to 500 mts in the zoning CRZ-III but the building

permission for reconstruction or alteration of the existing authorized

structure should be subject to local Town and Country Planning Rule with

overall height of construction not exceeding 9 mtrs. with two floors

(Ground + One Floor).

c. The document of the Village Panchayat of Candolim i.e. letter dated

08/10/2010 indicates that the house was registered in the name of Carlota

Fernandes, mother of the affected party in the year 1994. The house tax

receipt shows the payment of tax for year 1994-1995. Since there are no

documents to indicate the exact date of reconstruction of the structure

existing in the year 1971, from the documents of payment of house tax in

the year 1994 and te letter of Village Panchayat mentioning the transfer of

the structure existing in 1971 was reconstructed in the year 1994 with the

height of G+ 1 permissible by CRZ Notification.

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d. Though the affected party belong to the Christian Community (OBC), the

affected party cannot avail of provisition for construction or re-

construction of dwelling unit of fisher folk community, as the habitat of

fishing community engaged in fishing activities in the village has not been

declared by the concerned authorities. Even then any construction or

reconstruction by the member of fishing community will be subjected to

local Town and Country Planning Rules.

e. Considering that the Survey Plan shows the existence of a structure in Sy.

No. 111/7 of Village Candolim from the time the Survey records were

prepared in the year 1971 and the structure in site plan was reconstructed

in the area of old structure only in the year 1994 and considering that the

CRZ Notification permits of reconstruction of the existing structure within

200 to 500 mts. it would be proper that the Authority regularize the

reconstruction of the structure existing in Sy. No. 111/7 of Village

Candolim in accordance with the law.

A copy of report of the Inquiry Committee of the GCZMA is enclosed

herewith as Annexure ‘XXXXV’.

6. It may be noted that subsequent to the submission of the report by the Inquiry Committee

of GCZMA, the Complainant Betty Alvares vide her latter /application dated17/11/2014

filed her objections to the report submitted by the Inquiry Committee of the GCZMA.

7. It is stated in the said objections that as per the diagram of the site illegal constructions

surveyed on 04/06/2014 the old L-shaped ground floor structure has been demolished

and new G+1 structure of a larger size-occupying almost the entire plot has been

constructed in 1994 as per the Panchayat tax receipt. The FAR exceeds the permissible

FAR of 33%. Rconstruction of the same size ground floor house is permitted in CRZ-III

but only after obtaining the construction sanctions from the GCZMA, Planning Authority

and Candolim Panchayat as stated in the report at para 8. As per para 10 of the committee

report, “Any construction or reconstruction by the Member of the fishing community will

be subject to local Town & Country Planning Rules”. No sanctions of any authority for

its construction have been produced on record at the hearing by the 3 member Committee

on 11/08/2014. Ground floor is used as the residence and the first floor is used to house

tourists-entire structure is illegal. Entire plot occupies the G+ 1 house. The illegal

construction of compound wall and digging of wells which is not permitted in CRZ-III is

not mentioned in the report submitted by the Inquiry Committee. It cannot be an old

structure as nothing exists on the annexed blank survey plan obtained on 11/08/2014. As

such, it is also illegal. Copy of the objections raised by Betty Alvares are enclosed

herewith as ‘Annexure XXXXV’.

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8. In the light of the above, the matter along with the objections is placed before the

GCZMA so as to decide whether to accept the report of the Inquiry Committee and to

dispose of the Complaint accordingly.

Case No. 9.2:

To discuss and decide on the Complaint dated 26/11/2013 received from Mr. Purificacao

alias Piuru D’Souza with regard to the illegal construction carried out in the property

bearing Sy. No. 63/82 at Village Arambol, Pernem by Mr. Bernard Pascoal Fernandes

within No Development Zone of the CRZ area.

Background:

1. A Complaint was received by the Office of GCZMA dated 26/11/2013 from Mr.

Purificacao alias Piuru D’souza with regard to the illegal construction carried out

in the property bearing Sy. No. 63/82 at Village Arambol, Pernem-Goa by Mr.

Bernard Pascoal Fernandes R/o H.No. 40/2, Gikarwada Dando, Pernem-Goa

within the CRZ-I which is NDZ area.

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 07/01/2014 and thereafter fixed the matter for personal hearing on 11/02/2014.

The Complainant was present for the hearing. However, Mr. Bernard Pascoal

Fernandes remained absent. At the time of hearing, the Complainant produced a

survey plan of the entire area where the property under Survey no. 63/28 is

situated.

4. After, hearing the Complainant in the matter, the Inquiry Committee was pleased

to prepare its report dated 13/03/2014 with regard to the alleged illegal

construction.

5. It is submitted in the report of the Inquiry Committee that there are two structures

shown by letters A and B in the plan attached to the report. The structure at A is

having cement flooring in its southern side. The structure shown by letter C is a

shed and on its northern side is the structure B which is the counter of the bar. In

the plan the Arabian sea, sea shore and the line of 200 meters are shown and the

structures A,B and C falls within the area of 200 mts from HTL. Further, it is

submitted that there are no documents indicating that the structures A,B,C were

existing prior to the CRZ Notification 19/02/1991. The survey plan shows that no

structures are existing in the property surveyed under no. 63/82 of Arambol

Village. As the structure ‘A’ along with cement flooring in front, structure ‘B’

counter of bar and the structure ‘C’ the shed along with the bar were constructed

after the date of CRZ Notification 19/02/1991 and without the permission of the

said authority, these structures A along cement flooring, structure B and the

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structure C are to be removed by the said authority and the land be restored to its

original condition.

6. The matter was placed in 101st GCZMA meeting held on 25/04/2014 wherein

upon perusal of the report of the Inquiry Committee of the GCZMA the Authority

noted that the illegal constructions are carried out by Mr. Bernard Pascoal

Fernandes within the area of 200 mts. from the HTL. The Authority decided to

accept the report of the Inquiry Committee and decided to issue directions / order

under Section 5 of the Environment Protection Act, 1986 read with sub rule (3)

(a) of Rule 4 of the Environment Protection Rules further read with power vested

with the GCZMA vide order dated 22/07/2013 issued by MoEF to Mr. Bernard

Pascoal Fernandes to demolish the said structures indicated in the report of the

Inquiry Committee within 15 days of receipt of the order.

7. Accordingly, the Order of demolition dated 20/05/2014 was issued to the Affected

party / Violator, Mr. Bernard Pascoal Fernandes with a direction to demolish all

the illegal structures and restore the land to its original.

8. In the meantime, the Office of the GCZMA was in receipt of an application dated

23/05/2014 from Mr. Bernard Pascoal Fernandes for providing the certified

copies of certain documents, however upon perusal of the file, it was noticed that,

the notice of the personal hearing before the Inquiry Committee of the GCZMA

was not issued to the violator, Mr. Bernard Pascoal Fernandes. Hence, the Order

of demolition dated 20/05/2014 was kept in abeyance and the concerned

Authorities and both the parties were informed accordingly.

9. Further, the violator, Mr. Bernard Pascoal Fernandes was given an opportunity to

be heard before it and the parties during the personal hearing made oral as well as

written submissions. The advocate for the complainant submitted that there are no

documents to show existence of any structure in Sy. No 63/82, Arambol prior to

CRZ Notification 1991. However, the advocate for the affected party submitted a

written reply stating that the structures (Structure A, B & C) in Sy. No. 63/82,

Arambol were in existence for last several decades and prior to CRZ Notification

1991 and relied on the documents namely Form I & XIV of Sy. No. 63/82, NOC

of Village Panchayat dated 28/03/2013 for electricity connection, NOC letter

dated 09/10/2012 of the owners of the property for the electricity connection to

the structure in Sy. No. 63/82, Arambol, House tax receipt and electricity tax

receipt.

10. However, the Inquiry Committee of the GCZMA on hearing the parties submitted

the report dated 29/09/2014 wherein it is stated that since the structures in Sy. No.

63/82, Arambol falls within 200 mts. in “No Development Zone” and no

construction are permissible except for repairs or reconstruction of the existing

structure without increasing its plinth area and hence, the only question before it

was whether those structures were existing prior to the date of CRZ Notification

19/02/2012.

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11. However, the documents submitted by the affected party does not prove the

existence of the structures in Sy. No. 63/82, Arambol, Pernem – Goa prior to CRZ

Notification 1991 and no structures are seen in the Survey plan of the property

surveyed under 63/82, Arambol.

12. The Inquiry Committee of the GCZMA has confirmed its earlier decision and in

its report has again recommended to remove the Structure A with the cement

flooring, the structure B counter of a Bar and Structure C large shed attached on

the southern side of the Structure B and restore the land to its original position.

13. Accordingly, the report prepared by the Inquiry Committee dated 29/09/2014 and

documents annexed to it are enclosed herewith for the perusal of the members for

decision (Annexure ‘XXXXVI colly’).

14. In the light of the above, the report of the Inquiry Committee is placed before the

Authority for discussion and decision in the matter.


Case No. 9.3:

To take necessary action/final decision against alleged violators in terms of order dated

06/02/2015 in the matter of Application no.111/2014(WZ) filed by Poinguinkarancho

Ekvott v/s State of Goa & ors before the Hon’ble NGT,Pune and also decide the

applications filed by alleged violators for erection of temporary seasonal structures, beach

shacks huts and others in private properties 2013-2016

Background

An application has been filed by Poinguinkarancho Ekvott v/s The State of Goa & ors

bearing Application no.111/2014 (WZ) before the Hon’ble NGT, Pune interalia being aggrieved

by N.O.C/Permission/Licenses granted by various authorities for erecting shacks/huts/tents on

the stretches of Galgibag Beach, Canacona thereby affecting the turtle nesting sites of Olive

Ridley Turtles.

Earlier vide order dated 12/12/2014 the Hon’ble NGT, Pune was pleased to direct the

GCZMA to carry out inspection within one week also submit action taken report. Accordingly a

notice of site inspection referred to at serial no.3 was issued and the site in question was jointly

inspected by expert members of GCZMA in the presence of authorized representatives from

Forest Department, Directorate of Settlement and Land Records (DSLR), Village Panchayat of

Poinguinim & Tourism Department.

The said inspection team during its site inspection carried out on 22/12/2014 has

identified total 8 shacks and 52 huts of different owners in survey no.173/1, 176, 1, 178/ 14, 178/

15, 178/15, 178/17, 178/18 of Galgibaga (beach) village of Canacona Taluka. The inspection

report has further identified 20 huts and 2 shacks in Talpona(beach) village of Canacona Taluka.

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The authority as a matter of abundant caution issued a letter dated 5/01/2015 bearing ref

no. GCZMA / Appl no.111 / 2014 / WZ / NGT/16/1764 seeking comments of Forest Department

in respect of shacks/huts/cottages/tents identified vide inspection report dated 22/12/2014 and so

also along with relevant acquisition maps/documents/files etc as to clearly specify whether the

said shacks / huts / cottages / tents so indentified in the said inspection report fall within land /

areas / sites acquired and or likely to be acquired as per maps prepared for protection and

conservation of the Olive Ridley turtles which are protected species.

The office of Dy. Conservator of Forest, Wild Life & Eco Tourism (South) filed a reply

dated 07/01/2015 bearing ref no.NGT/DCF/WL & ET (S)/2014-15/1368 from informing that

majority of Shacks/Huts/Cottages/Tents at Galgibag are not in the proposed Land acquisition for

Turtle Conservation reserve at Galgibag, except the Shacks owned by Shri Sachin Pagi in Sy.No.

176/1 G and Shri Parsharam Pagi in Sy.No 176/1 of Galgibag which are inside the proposed

earmarked acquisition area for Turtle Conservation reserve.

The Forest Department vide letter dated 07/01/2015, it is further the said letter stated that

all the shacks/Huts/Cottages/Tents are located on the landward side and their entrances are on the

boundary line of proposed acquisitions area due to these, the area in question being within 0-200

mts of (No Development Zone) and on sand dunes, the following activities have been noted. (a)

tourist create nuisance& pollution (b) setting up of Beds, canopies, table, chairs on beach are

seen on regular basis.(c) Late night bonfires with music are being organized. It was further

pointed out that such activities will defeat the real mandate of conservation reserve for Olive

Ridley Turtles, as no responsible tourism is seen /followed at Galgibag.

The authority based on inspection report dated 22/12/2014 and letter dated 07/01/2015

bearing ref no.NGT/DCF/WL & ET (S)/2014-15/1368 filed by The Forest Department issued

demotion orders (dated 16/01/2015 bearing ref no. GCZMA/ Appl no.111 / 2014 / WZ /

NGT/16/1808 & 1809) to Shacks owned by Shri Sachin Pagi in Sy.No. 176/1 Gand Shri

Parsharam Pagi in Sy.No 176/1 of Galgibag which were inside the proposed earmarked

acquisition area for Turtle Conservation reserve. The said violators accordingly demolished the

said structures and file compliance reports dated (Mr.Parshuram Pagi dated 23/01/2015,

Mr.Sachin Kamlakar Pagi dated 27/01/2015) along with photographs.

The authority further issued various show cause notices dated 02/02/2015 dated to

alleged violators (15 in No.’s) and the respective alleged violators have filed their replies.

It may be noted the said alleged violators have also filed an application pertaining to

erection of temporary seasonal shack/cottage/hut/any other temporary structure interms of in

terms of judgement/order dated 17/12/2014 passed by Hon’ble Green Tribunal in Application

no.3/2014 (Aleixo Pereira v/s State of Goa & ors) and also in terms of the CRZ Notification

2011

The particulars of action taken report/ dates of replies to Show cause notices & dates of

Application/proposal filed by alleged violators can be seen in the table below.

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ACTION TAKEN/PARTICULARS OF ALLEGED VIOLATORS

Sr.

No.

Names

Action Taken Reply to S.C.N /Also

filed application for

N.O.C of GCZMA

1. Shri. Julio Santan Cardoso

Issued Show cause

Notice on 02/02/2015

Reply dated 18/02/2015/

Application received on

09/12/2014

2. Shri. Surya Prakash Pagi

Issued Show cause

Notice 02/02/2015



08/12/2014

3. Shri. Chandrahas Prakash Pagi

Issued Show cause

Notice 02/02/2015

Reply dated 18/02/2015

Application Received on

28/11/2014

4. Smt. Telviza Carlit D’Costa

Issued Show cause

Notice 02/02/2015



08/12/2014

5. Shri. Joaquim Sanatiao Dias

Issued Show cause

Notice 02/02/2015



09/12/2014

6. Shri. Santosh Laxman Pagi Issued Show cause

Notice 02/02/2015


Application Received on

01/12/2014

7. Shri. Carlit D’ Costa

Issued Show cause

Notice 02/02/2015


Not received any

application

8. Smt. Fermina Francis Barreto Issued Show cause

Notice 02/02/2015



01/12/2014

9. Shri. Parshuram Ramdas Pagi

Issued Show cause

Notice 02/02/2015


in respect on Syno.173/1-

K of village Galgibag/

Not received any

application

10. Shri. Sachin Kamlakar Pagi

Issued Demolition Order

on 16/01/2015

Compliance report dated

27/01/2015 filed/ Not

received any application

11. Shri. Parshuram Ramdas Pagi

Issued Demolition Order

on 16/01/2015

Compliance report dated

23/01/2015 filed in

respect on Syno.176/1 of

village Galgibag / Not

received any application

12. Shri. Pratap Shaba Pednekar

Issued Show cause

Notice 02/02/2015



05/12/2014

13. Shri. Tulshidas R. Komarpant

Issued Show cause

Notice 02/02/2015

Reply dated 18/02/2015 /


08/12/2014

14. Smt. Dikshita Deepak

Komarpant

Issued Show cause

Notice 02/02/2015



10/12/2014

15. Shri. Umesh Soiru Sadolxenkar Issued Show cause

Notice 02/02/2015



15/12/2014

16. Shri. Ganpat A. Keluskar

Issued Show cause

Notice 02/02/2015



16/12/2014

17. Shri. Sucoro V. Dias Issued Show cause

Notice 02/02/2015

Reply dated 18/02/2015 /


18/12/2014

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In the said matter the vide order dated 12/12/2014 the Hon’ble NGT, Pune considered

that movements of turtle nesting and hatchlings of beaches during nights is potentially danger to

free movements, which may cause degradation of ecology, flora and fauna thus prima facie is a

case of applying the ‘Precautionary Principle’ under Section 20 of the NGT Act, 2010.

Considering this aspect, the Hon’ble Tribunal has directed the Goa Coastal Zone Management

Authority (GCZMA) to immediately inform the concerned Electricity Board to ensure that

electricity lights on the concerned beaches are put off, after 10.00 P.M and shall not be operated

thereafter till sun-rise of next day.

The Hon’ble Tribunal has also directed the GCZMA to ensure by giving due instructions

to the police and coastal guards that no bright lights are operated with any gadgets to focus area

of beaches shall permitted and so also no photography should also be allowed.

The Hon’ble Tribunal has also directed the GCZMA to take final decision within two

weeks after 18/02/2014 and if any illegal construction/ shack is annexed even to private property

within NDZ area, in the prohibited area, under the Notification, the same shall be dismantled,

without any further order of the Tribunal and without awaiting for any further directions and

even without awaiting for filing of stay-application or Appeal, because if at all, any appeal is

filed we may consider it later on, whether any such interim relief is required expost-facto.

Accordingly the authority issued letters to concerned department namely office of Chief

Electrical Engineer, Panaji ( Vide letter dated 12/02/2015 bearing ref no. GCZMA/ Appl no.111

/ 2014 / WZ / NGT/16/2015), Commander Coast Guard,District Head Quaters (CGHQ) no.1

Vasco Goa (Vide letter12/02/2015 bearing ref no. GCZMA/ Appl no.111 / 2014 / WZ /

NGT/16/2014), Police Inspector, Canacona Police Station & Police Inspector, Pernem Police

Station (Vide letter 12/02/2015 bearing ref no. GCZMA/ Appl no.111 / 2014 / WZ /

NGT/16/2016) to take necessary steps and forward compliance report in terms of order dated

06/02/2015.

In the light of the above, the issue before the Authority is to take final decision in the

against alleged violators in terms of order dated 06/02/2015 in the matter of Application

no.111/2014(WZ) filed by Poinguinkarancho Ekvott v/s State of Goa & ors before the Hon’ble

NGT,Pune and also decide the applications filed by alleged violators for erection of temporary

seasonal structures, beach shacks huts and others in private properties 2013-2016.

In this connection, the relevant Copies of inspection report dated 22/12/2014, compliance

report filed by Mr.Parshuram Pagi dated 23/01/2015& Mr.Sachin Kamlakar Pagi dated

27/01/2015, and orders passed by Hon’ble NGT, Pune are enclosed herewith for the perusal of

the members for decision (Annexure ‘XXXXVII’).


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Case No. 9.4

To discuss and decide on the Complaint dated 28/02/2013 filed by Mrs. Suhasini Govekar

and ors with regard to the illegal construction/erection of 40 numbers of shops /structures

in Sy. No. 133/1 of village Anjuna by Mr. Atul Kumar Gupta within 200mtrs of HTL.

Background:

1. The office of GCZMA was in receipt of a notice dated 21/12/2013 bearing no.J/PILWP-

27-13/7281/13 inwarded on 30/12/2013 enclosing a copy of P.I.L Writ Petition bearing

no.27/2013 filed by Sheetal Dabholkar and another against the Village Panchayat of

Anjuna Caisua and ors before the Hon’ble High Court of Bombay at Goa.

2. The said Writ Petition was filed on account of inaction on the part of the authorities

against 40 illegal shops/structures constructed within 200mtrs of HTL in sy.no.133/1 of

Village Anjuna Bardez- Goa.

3. Thereafter, the office of GCZMA received a complaint dated 28/02/2013 inwarded on

21/03/2013 from Suhasini Govekar and ors addressed to the Sarpanch/Secretary of

Village Panchayat of Anjuna-Caisua, Bardez-Goa raising objection to issue temporary 40

nos. of shops in sy.no.133/1 within 200mtrs of HTL. Upon receipt of the said complaint a

letter bearing no.GCZMA/GEN-COMPL/13-14/124 dated 08/04/2013 was issued to the

Secretary of Village Panchayat of Anjuna to inspect the site and issue stop work order

and to submit the report accordingly.

4. As no action taken report was received from the Panchayat, reminder letter bearing

no.GCZMA/GEN-COMPL/13-14/1290 dated 17/01/2014 was issued to the Village

Panchayat of Anjuna to submit the report by 23/01/2014.

5. Vide notice bearing no. GCZMA/GEN-COMPL/13-14/1307 dated 22/01/2014 both the

parties were informed about the inspection which was carried out on 06/02/2014.

6. On 05/02/2014, the matter was taken up before the Hon’ble High Court of Bombay at

Goa on which date of hearing, the Hon’ble High Court of Bombay at Goa was pleased to

state in its order that the Respondent No. 3(GCZMA) shall carry out the inspection as

fixed on 06/02/2014 and make a report within two weeks. The Petitioner shall also be

entitled to remain present at the time of inspection.

7. On 06/02/2014, the site was inspected by the members of the Inquiry Committee of

GCZMA along with an Official of the. The Director of Settlement and Land Records

accordingly submitted its report dated 11/02/2014 along with the plan.

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8. Based on the observations made at the time of site inspection and the report along with

the plan submitted by the Director of Settlement and Land Records, Panaji-Goa an

interim report dated 26/02/2014 was prepared and submitted by the Inquiry Committee

of GCZMA.

9. The report dated 26/02/2014 in brief stated that as per the CRZ Notification Chapora Fort

in Anjuna Village is classified as CRZ- I and the rest of the area in Anjuna Village is

classified as CRZ-III. Within the zoning of CRZ-III there are norms for the area up to

200 mts from HTL and norms for the area between 200 to 500 mts. the property in the

Sy. No. 133/1falls within the area up to 200 mts from HTL and which is earmarked as

“No Development Zone” wherein no construction activities is permissible except for

repairs or reconstruction of the existing construction not exceeding existing plinth area

and for construction and reconstruction of dwelling units of traditional coastal

communities.

The report further stated that all the structures which consist of stalls by way of

temporary sheds in the property Sy. No. 133/1 in the Anjuna Village have been

constructed within the NDZ. Whether any structure is temporary or permanent in nature,

whether permission was obtained from any authority like Panchayat is immaterial for the

purpose of CRZ Notification. Since the affected party Mr. Atul Kumar Gupta has carried

the construction of stalls in the NDZ the Authority to order the removal of all the 40 stalls

including the restaurant and restore the land to its original position.

10. A Show Cause Notice bearing no. GCZMA/GEN-COML/13-14/1655 dated 10/03/2014

was issued to Mr. Atul Kumar Gupta based on the report submitted by the Inquiry

Committee of GCZMA calling upon Mr. Atul Kumar Gupta to Show Cause as to why a

direction to demolish all the said structures along with disconnection of power supply and

to restore the land to its original condition should not be issued.

11. Accordingly, Mr. Atul Kumar Gupta filed his reply dated 18/03/2014 to the Show Cause

Notice through his Advocate Dharmandra Govekar thereby enclosing various documents

in his possession to prove his case.

12. The Show Cause Notice bearing no. GCZMA/GEN-COML/13-14/1655 dated 10/03/2014

along with the reply filed by Mr. Atul Kumar Gupta was once again placed before the

Inquiry Committee of GCZMA for hearing the parties and to submit the report

accordingly.

13. Vide Notice bearing no. GCZMA/GEN-COML/13-14/1741 dated 21/03/2014 both the

parties were called for personal hearing before the Inquiry Committee of GCZMA on

03/04/2014. After hearing the parties at length, the Inquiry Committee of GCZMA

prepared their detailed report on 07/01/2015 and submitted the same on 12/01/2015.

14. The report in brief inter alia states that the main contention of the Complainant is that all

the fourty (40) stalls and restaurant have been constructed within NDZ and that no

permission was obtained from the Authority. Whereas, it is the contention of the affected

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party that no permission from the Authority is required for construction of temporary

seasonal structures if permission is obtained from the Village Panchayat which is the

competent authority to issue such permission of temporary seasonal structures and

produced on record the NOC of Village Panchayat of Anjunadated 11/02/2013, Letter

dated 05/03/2014 of Department of Tourism and the Agreement of Leave and Licence

dated 10/12/2012.

The report further states that since the affected party without obtaining permission

from the Authority to construct 40 stalls and a restaurant within the area of 100 mts from

HTL which is NDZ, the Authority to remove all 40 stalls and the restaurant covered with

Mangalore tiles in the property bearing Sy. No. 133/1 of Village Anjuna as shown in the

site plan and to restore the land to its original condition.

Copy of the report of the Inquiry Committee of GCZMA is annexed as

‘Annexure XXXXVIII’.

15. In view of the above, the Report of the Inquiry Committee of GCZMA is placed before

the Authority for final decision.


Case No. 9.5

To discuss and decide with regard to the alleged illegal construction activity being

carried out by M/s Alcon Real Estate (Pvt.) Ltd. in the property bearing Sy. No. 77/1

of Village Reis Magos, Bardez-Goa in No Development Zone area in gross violation

of the CRZ Notification.

Background:

1. The office of GCZMA received a complaint dated 31/01/2014 from

Mrs.Annapurna G.Naik r/o Sonarbhat, Verem Betim Goa with regard to the

construction work of balance 8 in numbers of residential bunglows in the

property bearing Sy. No. 77/1 of Village Reis Magos, Bardez-Goa being

carried out by M/s Alcon Real Estate (Pvt.) Ltd.

2. Upon receipt of the said complaint, a show cause notice cum stop work order

was issued under section 5 of the Environment (Protection) Act 1986 bearing

no. GCZMA/GEN-COMPL/13-14/1408 dated 03/02/2014 by GCZMA calling

upon M/s Alcon Real Estate (Pvt.) Ltd to show cause as to why a direction to

restore the land to its original condition should not be issued and directed to

file its reply if any on or before 07/02/2014.

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3. On the very same date i.e. on 03/02/2014, a letter was issued to the

Dy.Collector & SDO of Bardez bearing no. GCZMA/GEN-COMPL/13-

14/1407 to conduct inquiry and take necessary action into the matter.

Similarly a letter was also issued to the Secretary of Village Panchayat of Reis

Magos, Betim bearing no. GCZMA/GEN-COMPL/13-14/1443 dated

12/02/2014 requesting to ensure that the no construction should be carried out

without the approval of GCZMA.

4. M/s Alcon Real Estate (Pvt.) Ltd. filed its reply on 12/02/2014 to the Show

Cause Notice dated 03/02/2014 issued by GCZMA. The reply filed by M/s

Alcon Real Estate (Pvt.) Ltd inter alia in brief states as under:

a. The construction carried out in the said property is after

securing all the approvals/construction license from the

competent authorities.

b. The construction was undertaken pursuant to the approval

granted by the PDA vide order no.PDA/5299/3985/84 dated

13/03/1984 i.e. prior to coming into force of CRZ Notification

1991.

c. At the relevant time the plans that were approved for

construction by the PDA were required to be forwarded to the

Ecological Development Council for its approval, in view of the

fact that at the relevant time, the Goa Coastal Zone Management

Authority was not constituted.

d. Pursuant to the receipt of the approval plans from the PDA, the

Ecological Development Council was pleased to approve the

plans, earlier approved by PDA and the approval was conveyed

vide letter bearing no.DE/4022/115/86 dated 14/01/86 issued by

the Town & Country Planning Department.

e. Prior to securing a construction license from the licensing

authority, (i.e.) the Village Panchayat of Verem-Betim-Reis

Magos, a Land Conversion Sanad was obtained from the office

of the Collector vide Land Conversion Sanad bearing

no.CNV/BAR/131/84 dated 20/06/86.

f. All the approvals that were required under the Building bye-

laws and the V.P.Regulations were secured, an application was

filed before the Village Panchayat of Verem-Betim-Reis Magos

for issue of construction license, however , the Village

Panchayat refused to grant construction license in terms of the

approvals granted and instead raised false and frivolous issues,

which were aimed at depriving us of our legitimate rights of

carrying out construction in the property in question, for which

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all the approvals were secured and therefore we were left with

no other alternative but to invoke Writ Jurisdiction which came

to be filed in the Hon’ble High Court being Writ Petition

No.132/1986.

g. The Hon’ble High Court of Judicature at Bombay, Panaji

Bench, Goa was pleased to dispose off the said Writ Petition

after being satisfied about the legality, the propriety and the

correctness of the approvals granted by the PDA as well as the

Ecological Development Council of the Town & Country

Planning Department and the Land Conversion Sanad, granted

by the Collector of Goa under Sec.32 of the Land Revenue

Code, 1968, by specifically directing the Village Panchayat of

Verem-Betim-Reis Magos, to grant construction license to us

within a period of 4 weeks vide order dated 15/1/1987.

h. The Village Panchayat of Verem-Betim-Reis Magos, in

compliance with the directions issued by the Hon’ble High

Court in Writ Petition No.132/1986 dated 15/1/1987, issued the

construction license vide license bearing no.VP/RM/F-10/86-

87/88 dated 12/2/1987.

i. The Village Panchayat thereafter affixed its seal of approval on

the approved plans and conveyed the said fact to M/s Alcon

Real Estate (Pvt.) Ltd.vide its letter bearing no.VP/RM/F-10/86-

87/88 dated 12/2/1987.

j. M/s Alcon Real Estate (Pvt.) Ltd. based on the Land Conversion

Sanad, converted the land and changed its usage as required

under the Law and terms of the approved plan, however, as the

plan was approved for 36 villas, construction was undertaken in

phases on account of logistic however the construction license

was renewed from time to time by paying the requisite fees and

granted the renewal after verifying and confirming that the

construction undertaken was in strict adherence to the approved

plan and the construction license.

k. Initially as the construction of 28 villas was complete in all

respects, an application for issue of occupancy certificate

supported by a completion certificate was filed with the

Panchayat and the Village Panchayat referred the matter to the

Technical Officer of PWD so as to confirm that the construction

of 28 villas was complete and upon receiving the confirmation

from the Technical Officer, PWD to that effect, the village

Panchayat was pleased to issue occupancy certificate bearing

no.VP/RM/F.10(15)/86-87-90/86 dated 13/03/1990 and

12/04/1991.

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l. When the construction of the remaining villas was undertaken

the complainant who had undertaken illegal construction tried to

obstruct the work of construction undertaken by M/s Alcon Real

Estate (Pvt.) Ltd. due to which civil suit came to be filed in the

Civil Court of Mapusa for permanent and mandatory injunction

and prayed for demolition of illegal construction.

m. In the said civil suit the complainant and her late husband

claimed to be mundkars and the issue was then referred to the

Court of Mamlatdar.

n. Although, the pending proceedings in the civil court as well as

the court of Mamlatdar which delayed the completion of

construction, the construction license was renewed from time to

time and the work of construction was once again commenced

immediately after the court of Mamlatdar demarcated the

mundkarial area i.e.300sq.mtrs in terms of the option exercised

by the complainant.

o. The provisions of the CRZ Notification 1991and 2011 are not

applicable to the approvals secured from the competent

approving and licensing authorities prior to coming into force of

the said CRZ Notifications. On the contrary, all the approvals

that have been granted prior to coming into force of the CRZ

Notification 1991 are saved and valid, the same having been

issued in terms of the law applicable at the relevant time and the

provisions of the CRZ Notification 1991 and 2011 are

prospective in nature.

p. The rest of the contents of the show cause notice which are

contrary are denied.

5. Upon receiving the reply to the show cause notice from M/s Alcon Real Estate

(Pvt.) Ltd. the same was referred to the Inquiry Committee of GCZMA for the

necessary inquiry and report into the matter.

6. The Inquiry Committee of GCZMA conducted inspection of the site on

27/03/2014 and after receiving a report along with the plan from the office of

DSLR, Panaji held Personal Hearing of both the parties on 29/04/2014.

7. In the mean time, the office of GCZMA received a report bearing

no.DC/MAP/CRZ/26/2014/2733 dated 20/03/2014 from the office of the

Dy.Collector & SDO of Bardez on 25/03/2014. The report received from the

office of the Dy.Collector & SDO of Bardez in brief states that the

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competent authority issued license somewhere in the year 1997 and the

occupancy certificates were issued on 13/03/1990 and 12/04/1991.

Subsequently there was no construction and now M/s Alcon Real Estate (Pvt.)

Ltd. wants to carry out the construction in the said property. The approval

from GCZMA is necessary. The report of the Mamlatdar shows that the

respondent has constructed the small room and put the tin sheet around the

plot without obtaining the permission from GCZMA. The respondent i.e. M/s

Alcon Real Estate (Pvt.) Ltd. submitted that the matter is seized by the

GCZMA and requested to refer the matter to GCZMA. As such the matter is

referred to GCZMA for taking necessary action in matter for violating CRZ

norms.

8. On the date of personal hearing before the Inquiry Committee of the GCZMA

i.e. on 29/04/2014 both the parties remained present. The affected party M/s

Alcon Real Estate (Pvt.) Ltd. filed their written arguments and the

complainant submitted that they will produce some documents in support of

their case in due course. Accordingly on 30/05/2014, the complainant filed a

rejoinder to the written arguments filed by M/s Alcon Real Estate (Pvt.) Ltd.

The rejoinder filed by the complainant in brief states as under:

a) That to M/s Alcon Real Estate (Pvt.) Ltd. has fraudulently obtained

all the approvals from the authorities as well as the construction

license from the licensing authority i.e. Village Panchayat of Reis

Magos. M/s Alcon Real Estate (Pvt.) Ltd. has not purchased

mundkarial property of Annapurna Naik belonging to the landlord

Narcinv Panvelkar of Ribandar Tiswadi Goa.

b) M/s Alcon Real Estate (Pvt.) Ltd. has deliberately with malafide

intension and ulterior motive suppressed the sale deed dated

22/02/1995 from the authority.

c) M/s Alcon Real Estate (Pvt.) Ltd. is making an attempt to grap the

mundkarial house and property of the complainant which is not at all

sold to M/s Alcon Real Estate (Pvt.) Ltd. by the landlord.

d) M/s Alcon Real Estate (Pvt.) Ltd. could not undertake the

construction of the balance 8 villas as part of the property was

occupied by Mundkar and another part by an occupier because the

M/s Alcon Real Estate (Pvt.) Ltd. never purchased the property from

the Landlord and has created false picture that the M/s Alcon Real

Estate (Pvt.) Ltd. purchased the property. Moreover, the landlord

never sold the mundkarial area to M/s Alcon Real Estate (Pvt.) Ltd.

and the sale deed speaks for itself.

e) M/s Alcon Real Estate (Pvt.) Ltd. has filed false for civil suit on false

cause of action under the pretext of purchase of the property by

suppressing the sale deed which speaks just otherwise.

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f) M/s Alcon Real Estate (Pvt.) Ltd. is not entitled to construct the 8

villas/residential bunglows in the mundkarial area of the complainant

as it is not sold to M/s Alcon Real Estate (Pvt.) Ltd. by the erstwhile

welders and thus M/s Alcon Real Estate (Pvt.) Ltd. is arrogating the

mundkarial house and area around the house and the temple area of

the occupier.

g) After the village Panchayat issues the construction license on an

approval granted by the competent authorities, the approval granted

stands executed and therefore as long as the license is valid and as

long as the approval granted by the competent authorities at the

relevant time are not withdraw. M/s Alcon Real Estate (Pvt.) Ltd.

has the right to proceed in terms of the approval plan and the

construction license as alleged is false. It is submitted that the M/s

Alcon Real Estate (Pvt.) Ltd.has fraudulently obtained the approval

of plans and license and as such in the eyes of law the said approvals

of plan and license is invalid and in fructuous.

h) As per CRZ notification 1991 M/s Alcon Real Estate (Pvt.) Ltd.

cannot execute the work of construction of only two villas of balance

of only two villas even though strictly in terms of the approval

granted by the statutory authority and the construction license

granted by the Village Panchayat which are otherwise invalid in the

eyes of law and cannot be looked into and in view of it any

construction undertaken by M/s Alcon Real Estate (Pvt.) Ltd. is

totally illegal.

9. After granting personal hearing to both the parties to submit their case, the

Inquiry Committee of GCZMA prepared and submitted its report on

14/08/2014 to GCZMA. The report submitted by the Inquiry Committee of

GCZMA in brief states that the CRZ Notification bars the construction of any

structure in the area marked as No Development Zone except for repairs and

reconstruction of the existing structures without exceeding the plinth area. The

construction of the affected party which is yet to be undertaken falls within

100mtrs from the bank of river Mandovi. However the affected party has

approvals from PDA in 1984, approval of Ecological Development Council

way back in 1985 i.e prior to the CRZ Notification 1991. As long as the

Village Panchayat grants the renewal of construction license to the affected

party based on the approval of PDA dated 13/03/1984, Ecological

Development Council dated 14/01/1986, Sanad dated 20/06/1986 and

Panchayat license for construction is entitled to complete the project of

construction of 36 villas to the end. Taking into consideration the affected

party obtained the approvals and license for construction prior to CRZ

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Notification 19/02/1991 the construction of remaining 8 villas is legal and

valid.

10. It may be noted that the office of GCZMA received one letter bearing

no.VP/RM/F 15/14-15/522 dated 17/07/2014 requesting for clarification and

advice in the matter of construction being undertaken by M/s Alcon Real

Estate (Pvt.) Ltd. within 100mtrs of river bank which is as under:

a) Since the construction license was issued on 12/02/1988 which

expired on 12/02/1990 and 8 villas were not constructed from

1987 till now or till April 2013, is it necessary that permission

from GCZMA was required as from 1991 the land falls within

CRZ area?

b) Since the license had expired on 12/02/1990 prior to CRZ

Notification and prior to filling of the renewal application and

in the mean while the Goa Land Development and Building

Construction Regulations, 2010 had come into force and

infrastructure is also payable under the law, whether the

construction plan for 8 villas was required to be got approved

as per the existing law in force and under the CRZ as well as

the Land Development and Building Act Rules?

Accordingly a reply letter bearing no.GCZMA/ILLE-COMPL/13-

14/53/1092 dated 27/08/2014 was sent to the Sarpanch/Secretary of Village

Panchayat of Reis Magos informing that the report prepared and submitted by

the Inquiry Committee of GCZMA will be placed before the Authority for

discussion and final decision in the matter in terms of the CRZ Notification

2011, as amended and accordingly the same will be communicated to the

Panchayat.

11. It may be further noted that on 20/02/2015, the site was once again inspected

by the Expert Member of GCZMA Dr. Antonio Mascarenhas.

The report states as follows: -

a) The project is of residential bungalows which are few meters from the

HTL in the NDZ. The entire plot is covered with tin sheets along the

road boundary.

b) That the Applicant has constructed some 20+ villas along the river

bank; a few more are yet to be built.

c) The Applicant has produced several documents from the competent

authorities including building plans of 1984 and Sanad of 1986.

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d) The Applicant seeks to build additional villas about 30 years after the

original approvals were issued.

e) Therefore, the issue before the GCZMA is whether old approvals

(1984-86) can stand scrutiny in the wake of new regulation of 2011.

f) The problem is not scientific but rather a legal one; it is suggested that

the views of the Law Department be sought in this case.

NOTE: There are cases of 3 resorts that claim approvals prior to 1991

but built in late 1990’s courts have intervened. In one case there is a

demolition order, in the others the case is still on.

Copy of the report of the Inquiry Committee of GCZMA and also, report of

Expert member is annexed as ‘Annexure XXXXIX’.

12. Now the issue before the Authority is whether to accept the findings of the

Inquiry Committee of the GCZMA.

13. In the light of the above, the matter is placed before the GCZMA for decision

in the matter.

Case No. 9.6

To take final decision with respect to a complaint dated 05/06/2014 filed by

Mr.Aleixo.A.periera pertaining to alleged illegal construction of residential house in

Syno.37/1,Utorda village done by Mr.Ligorio Periera

Background

A complaint dated 05/06/2014 was filed by Mr.Aleixo.A.Periera pertaining to alleged

illegal construction of residential house in Syno.37/1,Utorda village by Mr.Ligorio Periera. The

complainant is aggrieved by decision of the GCZMA in its 59th GCZMA meeting minutes (sub-

committee) of the Goa Coastal Zone Management authority held on 23/05/2011 and 25 / 05 /

2011 of case no 59.7.9 Shri. Ligorio Pereira, Utorda, Goa.

Earlier in the said matter the authority upon discussion of the case in the 59th Goa

Coastal Zone Management authority (GCZMA) meeting (sub-committee) held on 23/05/2011

and 25/05/ 2011 and after going through the records and the Summary Inquiry Report from the

Office of the Deputy Collector, had decided to drop the Show Cause Notice dated 03/07/2007

bearing ref no.GCZMA/S/31/majorda/2658.

Brief case of the complainant is can be seen as under:-

1. It is the case of the complainant that the decision taken by the GCZMA is contrary to

the report of the Mr.Dipak Desai Dy.collector & S.D.O Margao under case no:

dyc/sal/crz/21/2008 dt:17/11/2008 . In the said report dated 17/11/2008 at paras 7 of

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the said report it states that " I am forwarding herewith the reply and the above

documents filed by the respondent action may be initiated as per the provisions of

law ".

2. The complainant has raised following issues with respect to the said construction in

S.No:37/1 of Utorda village.

a) Whether the said construction in S.No: 37/1 is in the CRZ III and whether the

GCZMA has approved the same.

b) The complainants case is that it is evident that on perusing the attached CRZ

plan of Utorda village PT sheet 17 as prepared for the GCZMA by the RSI , it

reveals and shows that the structure is within the Coastal Regulation zone 0-

500 mts , and the same comes with the purview of the provisions of CRZ

Notification 1991 & 2011.

c) The complainant has pointed out to a Order dated 17/12/ 1998 in Writ

Petition 422/1998 being that (reproduced as stated by complainant) " It

is to be noted that at the time of hearing for admission on 17th

December, 1998, the learned Government Advocate appearing for

the respondent No.s.3 and 4, viz. the State of Goa and the Chief Town Planner,

Town and Country Planning Department, on instructions from the said

respondents, undertook not to grant any approval or licences for construction

within the area lying between 200 to 500 meters from HTL and in CRZ III

zone in the State of Goa. Similar assurance was also given on behalf of the

concerned Village Panchayats. Further, on 6th May, 1999, the Learned

Advocate General assured the Court that Coastal Zone Management

Authority would not consider any application for approval of construction in

the area comprised of said zone lying between 200 to 500 meters of HTL

defined as the CRZ III zone in view of the fact that the clarification and

further instructions were awaited from National Coastal Zone Management

Authority, and further that as and when instructions/clarifications would be

received from the said authority, the same would be placed before this Court

for further directions. Thereafter, an application was moved being Civil

Misc.App1ication No.329 of 2000 by the Government of Goa for relieving of

its statement and assurances; however, the same came to be rejected by a

reasoned order passed by this Court on 13th September, 2000. "

d) The complainant further alleged that the records as provided by the GCZMA

reveal that the said illegal construction was infact approved by the office of

the Senior Town Planner under No: TPM/Const/Utorda /1/99/306 dt:

17/12/1999. That subsequent to the same the office of VP Majorda also

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granted the construction license. That this clearly indicates that the office of

the Senior town planner and the VP Majorda clearly violated the Directions of

the Hon'ble High Court Of Bombay Bench at Goa in WP 422/1998.

e) The complainant further stated that the GCZMA is the competent authority

appointed by the MOEF to approve any projects in the Coastal Regulation

zone in the State of Goa. In view that the applicant/alleged violator did not file

the relevant application for approval to the GCZMA, the office of the Senior

Town Planner South Goa and the Village Panchayat Majorda could never

have approved the said residential house in S.No: 37/1 of Utorda village.

f) That the provisions of the order of Appointment of the GCZMA SO 2264 E

provide that " (ii) (a) inquiry into cases of alleged violation of the provisions

of the said Act or the rules made there under or any other law which is

relatable to the objects of the said Act and, if found necessary in a specific

case, issuing directions under section 5 of the said Act, in so far as such

directions are not inconsistent with any direction issued in that specific case

by the National Coastal Zone Management Authority or by the Central

Government; (b) review of cases involving violations of the provisions of the

said Act and the rules made there under or under any other law which is

relatable to the objects of the said Act, and if found necessary referring such

cases, with comments, for review to the National Coastal Zone Management

Authority: Provided that the Authority may take up the cases under clauses (a)

and (b) of this sub-paragraph, suo moto or on the basis of any complaint

made by an individual or a representative body or an organisation; (iii) filing

complaints, under section 19 of the said Act, in cases of non-compliance of

the directions issued by it under sub-paragraphs (i) and (ii); (iv) to take action

under section 10 of the said Act to verify the facts concerning the issues

arising from sub-paragraphs (i) and (ii). "

g) The Complainant therefore called upon GCZMA to seal the said illegal

structure forth with and disconnect the electrical connection to the said illegal

structure in S.No: 37/1 of Utorda village, as the procedure of inquiry and

report from the office of Mr.Dipak Desai Dy.Collector & SDO Margao under

case No: DYC/SAL/CRZ/21/2008 dt:17/11/2008 has already been complete

and the said structure is found to be illegal .

The authority based on the said complaint had issued a show cause notice bearing no.

GCZMA/S/31/Majorda/659 dated 04/07/2014 to the alleged violator Mr.Ligorio Pereira who has

duly replied it vide reply dated 20/08/2014.

Brief case of the alleged violator/Respondent can be seen as under:-

a) The alleged violator vide reply dated 20/08/2014 stated that earlier in the year 2007 he

had received similar show cause notice based on public compliant filed by one

Mr.Anthony Barbosa which was addressed to Chief Minister Goa and further marked for

necessary report to the office of GCZMA.

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b) That site was inspected in the November 2001by Member secretary, GCZMA and Town

Planner Mr.James Mathew did not propose any action nor mentioned that his structure in

Syno.37/1 comes under 500 mts of H.T.L.

c) That a show cause notice was issued by GCZMA bearing ref

no.GCZMA/S/31/Majorda/2658 dated 03/07/2007 which was duly replied by him vide

reply dated 24/07/2007 along with all the documents.

d) That said show cause notice was issued by GCZMA bearing ref

no.GCZMA/S/31/Majorda/2658 dated 03/07/2007 was directed to Collector South which

was inquired into by Dy.Collector & SDO Margao, Mr.Dipak Desai . The alleged

violator had also filed reply dated 04/02/2008 to the Dy. Collector & SDO Margao.

e) That Mr.Dipak Desai Dy.Collector & SDO Margao after summary inquiry under case

No: DYC/SAL/CRZ/21/2008 submitted a report dated:17/11/2008 to the office of

GCZMA.

f) That the said replies to the show cause notice and report dated 17/11/2008 submitted by

Mr.Dipak Desai Dy.Collector & SDO Margao for decision in the 59th

GCZMA meeting

held on 23/05/2011 and 25/05/2011 as item no.59.7.9 The GCZMA after perusing all the

documents placed before it and report of the Dy.Collector decided to drop the show cause

notice dated 03/07/2007.

g) That the decision of the GCZMA in the 59th

GCZMA meeting held on 23/05/2011 and

25/05/2011 with regard to construction in sy no..37/1 has attained finality which to full

knowledge of the authority as well as the present complainant.

h) That the respondent/alleged violator came to know first time that his construction is

within 500 mts of H.T.L when survey officials of GCZMA visited the property and

submitted Survey Data Sheet (SDS). The respondent/alleged violator submitted details of

the construction which were submitted to Field Surveyor Shri.Nagesh Singh on

07/07/2007 of GCZMA. Accordingly respondent/alleged violator had made application

made to Directorate of Settlement Land Records (DSLR) seeking copy of the plan

prepared which was delivered on 23/11/2007 and for the first time respondent/alleged

violator came to know his small portion of Syno.37/1 was coming within 500 mts of

H.T.L. All the above facts were duly considered by GCZMA in its 59th

GCZMA meeting

and there is no intentional environmental violation as projected by complainant

Mr.Aleixo Periera.

i) That the taking advantage of said DSLR plan/demarcation the present complainant has

filed the present complaint as they are in enimical terms for many years, wants to settle

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personal score, has malafide intention and also wide seeks publicity by word of mouth,

through SMS, Emails in entire village of Utorda,Majorda,Calata Margao etc.

j) That said complainant is rank violator of Environment Laws and Guidelines and has

manipulated office of GCZMA, TCP to secure approvals for bungalows and projects

within 500 mts of H.T.L on sand dunes in village Gonsua-Betalbatim, Salcete in his

personal name through company M/s Amazon Leisure Resorts & Realtors Pvt. Ltd in

Syno.92/2 in village Gonsua.

k) That said complainant has got approval for project/bungalow on a sand dune through

manipulation from Goa State Coastal Committee of Environmental Clearance (GSCCEC)

which was later sold to on Jaipuria. That after demarcation of the area by DSLR the said

Bungalow is within 200 mts of HTL and licences of GSCCEC and TCP are invalid and or

fraudulently obtained and inquiry may be ordered.

l) That complainant is biggest violator and is using the tool of environment to harass and

black mail people and hoteliers in the villages of Utorda, Majorda and Betalbatim .

m) That the complainant has criminal background and was arrested on criminal complaint

filed by Miss.Laxmi Gonsalves (Ex-sarpanch).The respondent/alleged violator had

moved an application to Magistrate and the directions were issued to Dean GMC for

examination of the complainant and said panel of doctors came to conclusion that

complainant requires mental stabilization at IPHB Bambolim. Further there were several

other such complaints and applications were made which clearly showed character and

mental state of the complainant.

However it may be noted the said complaint had filed a criminal writ petition

no.113/2014 interalia against order passed by magistrate and further quashing the application

dated 29/09/2014 seeking reception order under Section 20 of Mental Health Act, 1987 (M. H.

Act, for short). The Hon’ble High Court of Bombay at Goa vide judgement/order dated

12/01/2015 was pleased to quash and set aside the order passed in Criminal Case No.

702/OA/MA/14/E by the learned J.M.F.C. at Margao and consequently, the application dated

29/09/2014 seeking reception order under Section 20 of the Mental. Health. Act in respect of the

petitioner, was also quashed and set aside and the proceedings bearing Criminal Case No.

702/OA/MA/14/E were dropped. The above judgement was communicated by Mr.Aleixo Periera

vide email communication dated 15/01/2015.

Both the parties were heard at length by Member Secretary GCZMA on 17/09/2014 and

17/11/2014 respectively. A liberty was given to both the parties to file written submissions latest

by 05/02/2014. The complainant vide email dated 27/11/2014 communicated that the he doesn’t

wish to file any written submission and respondent/alleged violator filed written submissions

dated 05/01/2015. The said written statement reiterated and mentioned all the grounds mentioned

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in the reply filed by him to show cause notice bearing no.GCZMA/S/31/MAJ/659 dated

04/07/2014

In the light of the above, the issue before the Authority is to take final decision in the

with regard to the complaint filed by Mr.Aleixo Periera against alleged violator Mr.Ligorio

Periera pertaining to alleged illegal construction of residential house in Syno.37/1,Utorda

village.

In this connection, the relevant Copies of reply to show cause notice along with

documents and written submissions filed by alleged violator, report of dated 17/11/2008 of

Mr.Dipak Desai Dy.collector & S.D.O Margao under case no: dyc/sal/crz/21/2008, and order

dated 12/01/2015 passed by Hon’ble High Court of Bomay at Goa in Criminal Writ Petition

no.113/2014 are enclosed herewith for the perusal of the members for decision (Annexure

‘XXXXX’).

Additional Agenda:

Item No. 10 (Approval for the Community Projects)

The GCZMA is in receipt of following project proposals / applications pertaining to

the community projects from the concerned Government Departments / Autonomous

bodies / local bodies, in addition to the Cases at Agenda Item No. 3 seeking approvals /

NOC from this Authority under the CRZ Notification 2011.

In view of the above, following cases / applications are placed before the GCZMA

for deliberation and decision:

Case No. 10.1

NOC/Permission for proposed reconstruction of existing structures i.e. hotel (Rooms) &

Restaurant and proposed swimming pool and compound wall and gate, septic tank, soak

pit, paved parking / access, landscaping in the plot bearing Sy. No. 135/18 at Palolem,

Canacona – Goa by the Goa Tourism Development Corporation (GTDC) (GCZMA/S/14-

15/65)

Background: The project proposal is received from the Office of the Goa Tourism

Development Co. (GTDC), vide letter no. GTDC/Palolem/HE/2013-14/3594 dated 23/12/2014

seeking approval of the GCZMA for “the proposed reconstruction of existing structures to hotel

(Rooms) & Restaurant and proposed swimming pool and compound wall and gate, septic tank,

soak pit, paved parking / access, landscaping in the plot bearing Sy. No. 135/18 at Palolem,

Canacona – Goa”. The GTDC has submitted copy of delineation and survey plan from DSLR, a

letter from Office of the Municipal Council (CMC), Canacona – Goa stating that the as per their

records the said structure at Palolem is registered in the name of Director of Fisheries. The name

of Fisheries Department is reflected in Form I & XIV. The applicant has also submitted copy of

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land use zoning certificate from the Town & Country Planning Department (TCP) stating that the

said site falls in settlement zone and a letter from the Fisheries Department handing over the

Cold storage Plant at Canacona to GTDC.


(GCZMA) on 24/02/2015. The site inspection report indicates that the proposed site has houses

in the adjoining properties. The existing land use is settlement. The proposed site falls around

250 mts. from the HTL. There exists an old building within the plot. The GTDC seeks to

reconstruct the existing building for tourism purpose. Copy of site inspection report is annexed

as Annexure ‘XXXXXI’.

In view of the above, the matter is placed before the Authority for discussion and

decision in the matter accordingly.

Case No. 10.2

NOC/Permission for proposed erection of temporary shed for segregation units,

composting pits and Porta cabins at North Goa (8 nos. of Segregation units, 8 nos. of

composting units and 5 nos. Porta cabins) & South Goa (8 nos. of Segregation units, 8 nos.

of composting units and 5 nos. Porta cabins) by the Department of Tourism (DoT),

Government of Goa.

Background: The project proposal is received from the Office of the Department of Tourism

seeking NOC/ Approval pertaining to the proposed erection of temporary shed for segregation of

dry waste collected as per the tender floated by the Department of Tourism (DoT) for “the

Comprehensive Management for cleanliness on the beaches of Goa”. The proposal includes

erection of segregation units, composting units and porta cabins at various locations in North

Goa (8 nos. of Segregation units, 8 nos. of composting units and 5 nos. Porta cabins) and South

Goa (8 nos. of Segregation units, 8 nos. of composting units and 5 nos. Porta cabins). The

applicant has submitted copies of survey plan of DSLR, proposed plan showing the locations

alongwith the existing land mark on ground, contour plan of the plot with 50 cm. Contour

interval, EIA Report and photographs of the proposed locations. The said proposed sites fall

between LTL & HTL.

The number and location for setting up of segregation units, composting units & porta Cabins at

North Goa includes:

1. Querim Beach, Pernem – Goa (1 no. Segregation unit, 1 no. of composting unit)

2. Mandrem Beach, Pernem – Goa (1 no. Segregation unit, 1 no. of composting unit)

3. Arambol Beach, Pernem – Goa (1 no. Segregation unit, 1 no. of composting unit)

4. Morjim Beach, Pernem – Goa (1 no. Segregation unit, 1 no. of composting unit and 1 no.

of Porta cabin)

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5. Vagator Beach, Bardez – Goa (1 no. Segregation unit, 1 no. of composting unit and 1 no.

of Porta cabin)

6. Calangute Baga Beach, Bardez – Goa (1 no. Segregation unit, 1 no. of composting unit)

and Calangute (Main Entrance) (1 no. Porta Cabin)

7. Candolim Beach, Bardez – Goa (1 no. Segregation unit, 1 no. of composting unit and 1

no. of Porta cabin)

8. Miramar Beach, Tiswadi – Goa (1 no. Segregation unit, 1 no. of composting unit and 1

no. of Porta cabin)

The proposed size of the said segregation units and composting units is 10 X 10 mts.

However, the size for the Porta Cabin is 2 X 3 mts.

The number and location for setting up of segregation units, composting units & porta Cabins at

South Goa includes:

1. Baina Beach, Mormugao – Goa (1 no. Porta Cabin)

2. Colva Beach, Salcete – Goa (1 no. Segregation unit, 1 no. of composting unit and 1 no. of

Porta cabin)

3. Benaulim Beach, Salcete – Goa (1 no. Porta Cabin)

4. Betalbatim Beach, Salcete – Goa (1 no. Segregation unit, 1 no. of composting unit and 1

no. of Porta cabin)

5. Mobor Beach, Cavelossim, Salcete – Goa (1 no. Segregation unit, 1 no. of composting

unit) and at Khandiwadda, Cavelossim (1 no. Porta Cabin)

6. Velsao Beach, Salcete – Goa (1 no. Segregation unit, 1 no. of composting unit)

7. Sernabatim Beach, Salcete – Goa (1 no. Segregation unit, 1 no. of composting unit)

8. Agonda Beach, Canacona – Goa (1 no. Segregation unit, 1 no. of composting unit)

9. Talpona, Beach, Canacona – Goa (1 no. Segregation unit, 1 no. of composting unit)

10. Rajbag Beach, Canacona – Goa (1 no. Segregation unit, 1 no. of composting unit and)

The proposed size of the said segregation units, composting units is 10 X 10 mts.

However, the size for the Porta Cabin is 2X 3 mts. The size of the segregation units,

composting units for the Canacona stretch will be reduced to 5 X 5 mts.

Site Inspection Report: The sites at North Goa was inspected by Shri. Ragunath Dhume, Expert

Members (GCZMA), on 10/01/2015 and the sites at South Goa was inspected Dr. Antonio

Mascarenhas, Expert Members (GCZMA) on 24/02/2015. The sites at Agonda, Palolem,

Rajbagh and Talpona were inspected to check the suitability of various coastal sites to set up

sheds / pits for segregation of garbage collected around these areas. In addition, the files

pertaining to several other sites regarding the same issue in South and North Goa were also

inspected. The following may be noted:

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In all, about 16 sites are planned along the coast of Goa. At each of the sites, a 10m x 10m shed

is sought to be built with masonry and covered with sheets. Three pits are proposed to be built in

each of the sheds for treatment of waste.

Surprisingly, all the sites selected are on the frontal sand dunes, at most, a few meters from HTL.

All the sites chosen are on frontal pioneer sand dunes, and as such, are located very close to HTL

(example Colva), and in some cases, almost on the beach (example Agonda).

It is well established that the sandy coast of Goa is backed by sand dunes fields. Being

ecologically sensitive, coastal sand dunes are categorized under CRZ I, according to CRZ 2011

notification.

The CRZ 2011 notification is clear. In Section 3 the following activities are Prohibited within

CRZ: part (vi) “Discharge of untreated waste and effluents from industries, cities or towns and

otherhuman settlements….”, and part (vii) “Dumping of city or town wastes including

construction debris, industrial solid wastes, fly ash…..”. Moreover, in the special section for Goa

(Section 8 V 3, part vi stresses that “no activity shall be permitted in such sand dune areas”. In

view of the above, transporting and dumping of garbage in/to a CRZ I area is a prohibited

activity, and is tantamount to violations of several provisions of CRZ 2011 notification.

Also, the logic of tourism officials that there is no other available space in the vicinity, is no

justification to locate and practice garbage segregation on fragile sand dunes.

In summary,

1. Dumping of garbage in ecologically sensitive sand dunes fields is a violation of CRZ

2011 laws.

2. Setting up of such sheds for garbage collection and/or treatment along the sea front does

not offer any scientific validity.

3. Movement of men, material and vehicles are bound to damage and uproot dune

vegetation so important for the stability of coastal sand dunes.

4. Such sheds along any beach is bound to be an eyesore and present a dirty picture for a

tourist destination.

5. Accessing these sites through and storing garbage in front of private properties is bound

to create conflicts in the near future.

6. More importantly, whereas we are attempting to restore sand dunes, the proposed activity

will rather obliterate existing dunes and associated vegetation.

However, as per the site inspection report by Shri. R. Dhume for North Goa, the proposed

sites at North Goa falls between HTL and LTL. Most of the sites are sandy stretch and

suitable position for the erection of garbage segregation units has been identified by the

Expert Member (GCZMA).

Copy of site inspection reports is annexed as Annexure ‘XXXXXII’.

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Case No. 10.3

NOC/Permission for proposed improvement to nallah from Reshma Guest House to the

beach at Vagator in V.P. Anjuna Caisua in Siolim Constituency by the Water Resources

Department (WRD), Government of Goa (GCZMA/)

Background: The project proposal is received from the Office of the Water Resources

Department (WRD), vide letter no. WRD/WDI/ADM/F 15/2014-15/1598 dated 23/02/2015

seeking approval of the GCZMA for “the proposed improvement to nallah from Reshma Guest

House to the beach at Vagator in V.P. Anjuna Caisua in Siolim Constituency in the plot starting

from mid in between Sy. No. 324/231 and up to the mouth of the River in between Sy. No. 338

and 225 at Vagator, Bardez – Goa”. The WRD has submitted copy of the Location Plan of the

proposed site.


(GCZMA) on 25/02/2015. The site inspection report indicates that there are hotels and

Residential houses in the adjoining properties. The proposed site falls partly within 200 mts. of

HTL and partly 200 to 500 mts. The GTDC Project on adjacent plot which is subject matter

before NGT Pune. There is a high gradient, the rain waterfrom higher ground to lower, the water

will flow in high pressure. The higher ground is atleast 40 mts. high from the Sea. The nullah is a

very old structure. Copy of site inspection report is annexed as Annexure ‘XXXXXIII’.



Item No. 11 (Construction/Repair/Renovation/Reconstruction of existing Residential

Houses / structures in CRZ-III area)

The GCZMA is in receipt of following proposals for repair / renovation /

reconstruction of existing residential houses / structures in CRZ – III area which are in

addition to the cases under Agenda Item No. 4. The CRZ Notification 2011 permits such

activities in CRZ – III area thereby not exceeding existing Floor Space Index, Plinth area,

density and subject to condition that the structure should not be used for commercial

purpose and not to be sold or transferred to the nontraditional community. However, the

project proponent / applicant is required to obtain requisite NOC / Permissions, etc. which

are required under the law before commencement of work.

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Case No. 11.1

NOC for urgent repair of the existing bund of 4 mts. width in the property bearing Sy. No.

118/1 of Navelim Village, Tiswadi Taluka by M/s. Champion Yacht Club Pvt. Ltd. (File No.

GCZMA /)

Background: The Applicant desire to carry out repair of the existing bund in the property

bearing Sy. No. 118/1 of Navelim Village, Tiswadi – Goa. The applicant in its application has

stated that heavy breaches has developed on the said bund and it is broken at some places and it

is not repaired urgently than the entire bund will collapse and it will cause heavy damages to the

neighbouring properties and fields. The applicant desire to carry out repair of the existing 4 mts.

width bund and the bund will be repaired by using slurry, stones and wooden logs.


(GCZMA) on 25/02/2015. The site inspection report indicates that the property have mangroves ,

some mangroves are seen cut. The proposed site falls within 100 mts. and partly outside 100 mts

of river Mandovi. There is one temporary hut within the plot. The proposed bund is already been

repaired some parts are remaining to be repaired. The bund is already repaired, some parts which

are remaining to be repaired. Some parts are badly damaged and need urgent repairs. From

damaged parts water enters the property causing more damage to the part of the bund. Copy of

the site inspection report is enclosed herewith as Annexure ‘XXXXXIV’.


Case No. 11.2

NOC for repair and renovation of existing residential house bearing No. 237 located in the

property bearing Sy. No. 118/10-A of Nagorcem - Palolem Village, Canacona – Goa by Mr.

Sharad D. Bhagat (File No. GCZMA /S/11-12/67)

Background: The Applicant desire to carry out repair and renovation of existing residential

house bearing No. 237 located in the property bearing Sy. No. 118/10-A of Nagorcem - Palolem

Village, Canacona – Goa. The said house is registered under the Canacona Municipal Council

and the applicant has submitted a copy of Deed of Gift. The applicant’s name is reflected in

Form I & XIV. The plot area is 525.00 Sq. mts.

Site Inspection Report: The site was inspected by the earlier Expert Member of GCZMA, Shri.

S.M. Borges, in the year 2011 i.e dated 19/11/2011. The inspection report indicates that there are

residential houses in the adjoining properties. The existing land use is residential. The plot falls

within 200 mts. from the HTL. There exists a house within the plot. The house exists and needs

repairs. In the documents submitted the location is not clear. The house is not shown in survey

plan and the Municipal Council Certificate does not mention the survey number. Copy of the site

inspection report is enclosed herewith as Annexure ‘XXXXXV’.


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Case No. 11.3

NOC for repair and renovation of existing residential house bearing No. 181 (earlier H. No.

811/A) located in Ward No. VII in the property bearing Sy. No. 66/12-A of Nagorcem -

Palolem Village, Canacona – Goa by Mr. Dharmesh Saglani (M/s. Cuba Investments &

Properties) (File No. GCZMA /S/11-12/38)

Background: The Applicant desire to carry out and repair and renovation of existing residential

house bearing No. 181 located in the property bearing Sy. No. 66/12-A of Nagorcem - Palolem

Village, Canacona – Goa. The said house is registered under the Canacona Municipal Council

and the applicant has submitted a copy of Deed of sale between Mr. Lyndon Monteiro and M/s.

Cuba Investments & Properties ( Represented by its partner Mr. Dharmesh Saglani). The said

house is shown on DSLR records. The name of M/s. Cuba Investments & Properties is reflected

in Form I & XIV. The plot area is 1800.00 Sq. mts.

Site Inspection Report: The site was inspected by the earlier Expert Member of GCZMA, Shri.

S.M. Borges, in the year 2011 i.e dated 19/11/2011. The inspection report indicates that there are

residential houses in the adjoining properties. The existing land use is residential. There exists a

house within the plot, however, the location is not clear. The house exists however it is not clear

whether it is located in Sy. No. 66/12-A as claimed. It needs to be clarified that after partition it

is located in the part bearing Sy. No. 66/12-A. Authority may consider granting the permission

after proper documents are submitted. In this connection it is pertinent to note that the vide

certificate dated 6/4/2009, the Canacona Municipal Council, has certified that the H. No. 181

(new) in ward No. VII falls in Sy. No. 66/12 and part partition of 66/12-A. Copy of the site

inspection report is enclosed herewith as Annexure ‘XXXXXVI’.


Item No. 12: Any other item with permission of the Chair

Sd/-

(Member Secretary)

Goa Coastal Zone Management Authority

**********

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