(wednesday) at 3:00 p.m. in the conference hall, 2nd …dstegoa.gov.in/agenda140.pdfpage 1 of 30...

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AGENDA ITEMS FOR THE 140TH

MEETING OF THE GOA COASTAL ZONE

MANAGEMENT AUTHORITY (GCZMA) TO BE HELD ON 15/02/2017

(WEDNESDAY) AT 3:00 P.M. IN THE CONFERENCE HALL, 2ND

FLOOR,

SECRETARIAT, PORVORIM – GOA.

Item No.1: To confirm the minutes of the 139th

Meeting of the GCZMA held on

07/02/2017.

The members may kindly give their comments / suggestions, if any and the

same may be confirmed (Annexure I)

Item No. 2:

Case No. 2.1:

To comply with the Order / Judgement dated 22/11/2016 passed by the Hon’ble

National Green Tribunal in Appeal No. 94/2015 in the matter of Francis Misquita

V/s. Pedrito Misquita & Ors.

• A complaint letter dated 29/10/2014 was received from Mr. Pedrito Misquita with

regard to the alleged illegal construction of a structure / Restaurant in the property

bearing Sy. No. 44/4 at Candolim Village, Bardez – Goa carried out by Mr.

Francis Misquita.

• Upon receipt of the said complaint letter, the same was forwared to the Village

Panchayat of Candolim and B.D.O, Bardez for necessary inquiry, action and

report in the matter.

• Subsequently, the Office of the GCZMA was in receipt of another letter dated

21/11/2014 from Mr. Pedrito Mesquita informing that the Block Development

Officer has already conducted necessary inquiry in the matter and forwarded the

letter / report of the BDO addressed to the Deputy Director of Panchayats.

• In view of the letter issued to the Village Panchayat, the Office of the GCZMA

received a letter bearing No. VPC/18/4/2546/14-15 dated 16/12/2014 from the

Secretary, Village Panchayat of Candolim informing that there is no construction

license issued by the Village Panchayat to Mr. Francis Misquita in respect of the

Sy. No. 44/4 situated at Souza Vaddo, Candolim, Bardez – Goa and the H. No.

234 (1/3) has been assessed for house tax purpose in the name of Jose Mesquita

w.e.f. 1968-69 and subsequently transferred in the name of Mr. Francis Misquita

since 2007-2008.

• Subsequently, the Office of the GCZMA received another letter dated 14/05/2015

from the Secretary, Village Panchayat of Candolim with certain clarifications.

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Vide said letter it was clarified that the Panchayat has assessed house tax during

1968-69 against house no. 234 (1/3) registered in the name of Shri. Jose Mesquita

and the same still continued to be in the name of Shri. Jose Mesquita. It was

informed that Mr. Francis Misquita had applied for NOC to establish a Restaurant

at H. No. 234 (1/3) and the same was granted. However, vide Order dated

08/06/2012 the said NOC was withdrawn for violation of certain conditions and

not obtaining NOC’s from the co-owners of the property and in view of the

Inventory Proceedings pending before the Court of law. It was also further

informed that Mr. Francis Misquita is operating the restaurant at an altogether

separate structure and not at H. No. 234 (1/3) and as such the said operation

becomes illegal.

• Further, the Office of the GCZMA received another letter dated 30/07/2015 from

the Complainant Mr. Pedrito Misquita requesting to implement the Order dated

19/05/2015 passed by the Block Development Officer of Bardez in Appeal No.

BDO-BAR/201(A)/18/2014-15 under section 201 (A) of the Goa Panchayat Raj

Act, 1994 and to stop the illegal operation of Restaurant and Bar in the property

bearing Sy. No. 44/4, Souza Vaddo, Candolim, Bardez – Goa by Mr. Francis

Misquita.

• Upon receipt of the abovesaid letters, the Office of the GCZMA issued a Show

Cause Notice Cum Stop Work Order bearing No. GCZMA/ILLE-COMPL/14-

15/155/1168 dated 12/08/2015 to Mr. Francis Misquitta with a direction to Stop

the Work with immediate effect and Show Cause as to why an order of demolition

of the alleged illegal structure / restaurant and Bar and restoration of land to its

original state should not be issued to him.

• The Office of the GCZMA was in receipt of a letter dated 27/08/2015 from Mr.

Francis Misquitta requesting to grant time to procure documents and to file a

comprehensive reply.

• The Office of the GCZMA vide letter bearing No. GCZMA/ILLE-COMPL/14-

15/155/1286 dated 31/08/2015 granted two weeks time to Mr. Francis Misquitta to

file his reply with respect to the Show Cause Notice cum Stop Work Order dated

12/08/2015 issued by the GCZMA. However till date no reply was received from

Mr. Francis Misquita.

• Since no reply was received from Mr. Francis Misquita, the GCZMA issued an

Order of demolition bearing No. GCZMA/ILLE-COMPL/ 14-15/155/2122 dated

10/12/2015 of the illegal structures comprising of the Bar & Restaurant in the

property bearing Sy. No. 44/4 at Sousa vaddo, Candolim, Bardez – Goa.

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• The said Order was challenged vide Appeal No. 94/2015 by Mr. Francis Misquita

before the Hon’ble NGT, Pune mainly on the grounds of violation of the principles

of natural justice.

• The Hon’ble NGT after hearing the parties was pleased to dispose off the matter

vide Order / Judgment dated 22/11/2016 thereby quashing and setting aside the

impunged order of demolition dated 10/12/2015 due to violation of the principles

of natural justice, lack of application of mind and absence of Authority to the

Member Secretary to issue such directions and directed the GCZMA to revisit its

operational procedures in the matter relating to issuance of Show Cause Notice

like in the present case which was issued without any preliminary investigation /

verification and should not solely based on the contents of the complaints received

as such the Chairman of the GCZMA was directed to take note of this lapse and

take further r necessary action within one month without fail to ensure fare play

and Judicious approach.

In view of the said Order of the Hon’ble NGT site inspection was conducted by the

Expert Members of the GCZMA on 20/01/2017 and submitted their report which in

brief states as under:

� The Complainant showed the structure of Bar & Restaurant which is of

temporary nature made out of steel poles and plastic with coconut leaf roofing.

� There were tables and chairs arranged as per the Restaurant pattern.

� The structure though looks temporary is abuting the main road aligned with

other structures.

� The Compalinant Mr. Pedrito Misquita told that the structure is erected in their

joint property the division of which is pending in the Court.

Conclusions and Recommendations:

a) The structure is of temporary nature and all activities of shacks are going on

inside.

b) The said shack is in line with other shacks and hence on producing the

authentic documents board may decide about its nature.

c) The point raise by the Complainant that the shack is built in the common

ancestral property the division of which is yet to be decided by the Court may be

taken up by the Complainant to appropriate forum for justice and is not the matter

of fact to be decided by this Board.

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In view of the directions of the Hon’ble NGT, the matter is placed for grant of

personal hearing to the parties.

Case No. 2.2:

To comply with the Order dated 16/11/2016 passed by the Hon’ble High Coiurt of

Bombay at Goa in Writ Petition bearing No. 550/2016 in the matter of M/s. Colonia

Santa Maria Resort V/s. State of Goa & Ors.

1. The Office of the Goa Coastal Zone Management Authority (hereinafter referred

to as ‘the GCZMA’ in short) was in receipt of a complaint letter dated 15/12/2014

from M/s. Colonia Santa Maria Resort, through its General Manager, having office

at Cobrawada, Calangute, Bardez-Goa with regard to the alleged illegal

construction of additional rooms beyond the existing cottages in Sy. No. 240/1 of

Village Calangute, Bardez-Goa and construction of compound wall in Plot No. 16

of the property bearing Sy. No. 240/1 of Village Calangute, Bardez-Goa carried

out by Mr. Inacio Fernandes, R/o Plot No. 16, Colonia Santa Maria Resort,

Calangute, Bardez-Goa without obtaining prior permission / approval from the

concerned authorities.

2. Upon receipt of the said complaint letter dated 15/12/2014, a Show Cause Notice

cum Stop Work Order bearing no. GCZMA/ILLE-COMPL/14-15/174/1790 dated

09/01/2015 was issued to Mr. Inacio Fernandes calling upon to stop the work with

immediate effect and show cause as to why a direction to restore the land to its

original condition should not be issued. However, the said Show Cuse Notice cum

Stop Work Order issued to Mr. Inacio Fernandes returned unserved with an

endorsement “Unclaimed”.

3. As no reply was received from Mr. Inacio Fernandes, an inspection of the site

under reference was carried out on 17/04/2015 by the Expert Member of GCZMA.

4. As no further final action was taken by the GCZMA, the complainant M/s.

Colonia Santa Maria Resort filed a Writ Petition bearing no. 550/2016 before the

Hon’ble High Court of Bombay at Goa.

5. The said Writ Petition was subsequently disposed of vide Order dated 16/11/2016

with a direction to GCZMA to decide the Show Cause Notice dated 09/01/2015

within a period of three months.

6. In this regard, the matter is placed before the Authority inorder to grant personal

hearing to the parties concerned and to take a final decision in the matter.

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Case No. 2.3:

To discuss and decide on the Complaint dated 05/02/2014 received from Ms. Sweta

Pereira with regard to encroachment of Government Riverine at river Sal andthe

illegal construction carried out in the property bearing Sy. No. 54/1 at Village

Cavelossim, Salcete by Mr. James Robert Haddon alias Bob Hudson & Mr. Walter

Egle.

Background:

1. A Complaint was received by the Office of GCZMA dated 05/02/2014 from Ms.

Sweta Pereira with regard to encroachment of Government riverine at river Sal

and illegal construction carried out in the property bearing Sy. No. 54/1 at Village

Cavelossim, Salcete-Goa by Mr. James Robert Haddon alias Bob Hudson who is

also P.O.A holder of Mr. Walter Egle (Swiss National) and owner of the property.

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 13/06/2014 and thereafter fixed the matter for personal hearing on 14/08/2014.

4. The Inquiry Committee was pleased to prepare its report with regard to the

encroachment of Government riverine at river Sal and illegal construction carried

out in the property bearing Sy. No. 54/1 at Village Cavelossim, Salcete-Goa. It is

submitted in the report of the Inquiry Committee that:-

a) There is a structure on the eastern side of the property and close to the river Sal

in the plan attached to the report. The 100 mts. line of NDZ from the bank of

river Sal is shown in red line in the map prepared by DSLR. The site plan

attached to the report indicates that the structure marked by letter C and

doesnot exist at the site. There is a new structure close to the river Sal on the

eastern side and is marked by letter B.

b) At the personal hearing the complainant was absent though duly served with

the notice of personal hearing. The affected party remained absent. In the

records of proceedings there are documents produced by the complainant

namely: Form I & XIV of Sy.No. 54/1 of Cavelossim Village ; letter dated 28-

01-1991 of Walter Egle to the Village Panchayat of Cavelossim, sale deed

along with the plan dated 18-11-1996; Power of Attorney dated 12-12-2004;

Inspection report dated 18-11-2013 of Captain of Ports.

c) As per the CRZ Notification, ecologically sensitive areas along the river Sal

and tribuataries including dunes at Mobor and Mangroves at Assolna,

Cavelossim, Orlim, Benaulim, Navelim are classified as CRZ-I and the rest of

the area is classified as CRZ-III. The area of 100 mts from the bank of river or

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the width of the river, creek in CRZ-III is earmarked as No Development Zone

wherein no construction activities are permissible except for repairs or

reconstruction of existing structures not exceeding existing Floor Space Index,

existing plinth area and existing density and for permissible activities under the

CRZ Notification.

d) The river Sal is situated on the eastern side of the property surveyed under

Sy.No. 54/1 of Cavelossim village. Since the structure B in the site plan falls

within the area of 100 mts. from the bank of river Sal and in the area of No

Development Zone where no construction activities are permissible, the only

question for our consideration is whether the structure B was existing prior to

the date of CRZ Notification 19-02-1991.

e) By Sale deed 18-11-1996, Walter Joseph Egle purchased the Plot D of the

property surveyed under Sy.No. 54/1 along with the structure existing in the

property. The Sale deed dated 18-11-1996 along with the plan marked as

Annexure A (Colly). This structure existing in the property surveyed under

Sy.No. 54/1 is shown in the survey plan but not existing at the present at the

site. On this structure the affected party constructed a new structure B shown in

the site plan. This structure B was constructed on the half of structure C and

this structure B compared with structure C is a big structure and constructed

beyond the plinth area of structure C.

f) Though the survey plan prepared in the year 1971-1972 under Land Revenue

Code shows the existence of structure C but the structure C is not existing at

the site. Instead a big new structure B was constructed over the half of

structure C. There are no documents indicating when structure B was

constructed. Comparing the size of structure B with structure C it indicates that

the structure B completely exceeds the plinth area of structure area of Structure

C. Moreover there are no documents showing when the structure B was

constructed or whether any permission of the CRZ Authority or any other

Authority was obtained for such construction carried after the CRZ

Notification.

g) Considering that the No construction activities are permissible within the area

of 100 mts. from the bank of river sal, that the structure B is existing within the

area of No Development Zone and was constructed after the date of CRZ

Notification, exceeding the plinth area of structure C, that the structure B was

constructed without any permission from any Authority, the CRZ Authority to

demolish/remove the structure B shown in the site plan and in the plot

purchased by Walter Joseph Egle from Sy.No. 54/1 of Cavelossim village and

restore the land to its original condition.

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5. On perusal of complaint letter dated 05/02/2014 from Ms. Sweta Pereira and

Inquiry Committee report dated 15/12/2015, a Show Cause Notice cum Stop Work

Order bearing ref .no. GCZMA/ILLE-COMPL/13-14/64/2210 dated

28/12/2015 was issued to Mr. Walter Eagle & Mr. James Robert Haddon alias Bob

Hudson.

6. The respondent Dr. Varun Carvalho, POA of Walter Egle, vide his reply dated

18/02/2016 to the Show Cause Notice cum Stop Work Order stated that the

respondent purchased part of the property bearing Sy.No. 54/1of Cavelossim

Village admeasuring 190 sq.mts. in which existed residential house bearing no.

338/B and the said structure in mentioned in the copy of sale deed dated

18/11/1996. Further, the respondent stated that he permanently resided in the

residential house situated in the said plot since the year 1996.The respondent also

stated that the residential house existing in the said plot existed since the last

several years and much prior to 19-02-1991.

7. In response to the reply filed by the respondent to the Show Cause cum Stop Work

Order dated 28-12-2016 Adv. Sweta Pereira filed her reply stating that the

structure is fraudulently mentioned in the Deed of Sale dated 18/11/1996 of Mr.

Walter Josef Egle and Deed of Sale executed in favour of Mrs. Joanita Coutinho

(from whom Mr. Walter Egle purchased the said property) by Fabrica Da Igreja

De Carmona vide a Deed of Sale dated September 7, 1993 there is no mention of a

structure existing in the said property. Neither there is any record of House Tax,

paid during this period or prior to execution of the Deed of Sale to the Village

Panchayat of Cavelssim or prior to CRZ Notification of 1991 could come into

effect.

8. The office of GCZMA was in receipt of complaint letter dated 28/01/2016 from

Dr. Varun Carvalho r/o. Shop No. 4, Micon Arcade, Cavelossim regarding alleged

illegal construction of residential structure carried out by Mr. Cassiano J.M.

Pereira in the property Sy.No. 54/1-G, Village Cavelossim in No Development

Zone (NDZ) in violation of CRZ Notification without obtaining permissions from

any concerned authorities.

9. The Authority on perusal of complaint letter dated 28/01/2016 from Dr. Varun

Carvalho, a Show Cause Notice bearing ref.no. GCZMA/ILLE-COMPL/13-14/64/

dated 06/05/2016 was issued to Mr. Cassiano J.M. Pereira.

10. Ms. Sweta Pereira filed an Application bearing no. 36/2016 before the Hon’ble

National Green Tribunal, Pune interalia being aggrieved by alleged illegal

construction of structure in property bearing Sy.No.54/1 of Village Cavelossim in

NDZ area of river Sal.

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11. The matter now has been disposed by the Hon’ble NGT, Pune vide Order dated

27/09/2015 stating that liberty is granted to the parties to file all such relevant

documents and other material in their hands before the respondent no.3 GCZMA

and Respondent No. 3 shall hear the parties and dispose of the complaint made by

the Applicant No.1 dated 05/02/2014 in accordance with law on or before 15th

November 2016.

12. A personal hearing was granted before the Secretary (Environment), Government

of Goa on 01/11/2016 and it was decided to refer the matter to Inquiry committee

to conduct site inspection in respect of both the complaints referred hereinabove

dated 05/02/2014 and complaint dated 28/01/2016. Further, the Inquiry Committee

of GCZMA conducted site inspection of the above mentioned site/ area on

17/11/2016 and gave personal hearing to both the parties on 29/11/2016.

13. Further, the inquiry committee of GCZMA has decided to call the parties for

personal hearing on 08-02-2017. The original complainant Sweta Pereira filed an

application bearing No. 174/2016 along with M.A.No. 36/2016. The Hon’ble NGT

after hearing the Application observed that

“In this proceeding, the Applicant seeks an action against the Goa Coastal Zone

Management Authority (GCZMA), who are alleged to have disobeyed the

directions of this Tribunal issued by order dated 27th

September 2016 in

Application No. 36/2016. We are satisfied that GCZMA has to be called upon to

explain the alleged disobedience and non compliance to our order. Hence, issue

Notice in the nature of Show Cause to GCZMA as to why appropriate action

should not be taken for non-compliance to our directions dated 27th

September in

Application No. 36/2016.”

14. Further on the next date of hearing the Application No. 174/2016 was disposed off

vide order dated 01/12/2016. Further applicant filed review Application No.

41/2016(WZ) and vide Order dated 05/01/2017 interalia directed as under:

i) ‘The Applicant and Respondent No.1 herein as well as in O.A.NO.36/2016

shall appear before the Respondent No.2 GCZMA herein for hearing on

15th

February 2017.

ii) Respondent No. 2 –GCZMA shall hear the parties and dispose of the

complaint made by Applicants in accordance with law within four weeks

thereafter.

iii) The GCZMA to duly paste a copy of this order on the conspicuous part of

the premises in question i.e. 338/B, Passos Ward, Cavelossim, Salcete Goa-

403 731”

15. The GCZMA vide letter dated 19/01/2017 communicated the said Order to Walter

Josef Egle and Sweta Savia Pereira. Further in compliance with Order dated

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05/01/2017 the technical Officer GCZMA pasted the copy of the Order on the

doors of the said premises on 19/01/2017.

The issue before the authority is to take final decision in the matter after

hearing the concerned parties.

Case No. 2.4:

To Comply with the Order dated 18/03/2016 of the Hon’ble National Green

Tribunal at Pune in Appeal No. 08/2016 filed by Mr. Kashinath Shetye V/s. Aditya

Puri & ors with regard to the alleged illegal construction of a structure / Bungalow

opposite Adv. Gopal Tamba’s House at Ribandar, Tiswadi – Goa

Brief Summary:

� Complaint received from Mr. Kashinath Shetye & Ors. with regard to alleged

illegal construction of a structure / Bungalow opposite Adv. Gopal Tamba’s House

at Ribandar, Tiswadi - Goa by Mr. Aditya Puri.

� Accordingly, a Show Cause Notice Cum Stop Work Order was issued which was

replied to by Mr. Aditya Puri alongwith necessary permissions / licenses/

approvals for modification / reconstruction of the house existing in the said

property from the concerned authorities.

� Further, the Site under reference was also inspected by the Technical Officer

alongwith Junior Scientific Assistant of the GCZMA wherein it is stated that there

is no violation of NOC /permission given by GCZMA dated 06/03/2008.

� Accordingly, in view of the reply and site inspection report, a letter was issued to

Mr. Kashinath Shetye informing that no action is warranted in the matter and as

such cannot proceed ahead with the complaint filed by him.

� However, the said Order / letter was challenged before the Hon’ble National

Green Tribunal vide Appeal bearing No. 08/2016 by Mr. Kashianth Shetye & Ors.

The said Appeal bearing No. 08/2016 was disposed of by the Hon’ble NGT at

Pune vide Order dated 18/03/2016 thereby quashing and setting aside the Order

dated 14/12/2015 issued by the GCZMA and remanded the matter back to the

GCZMA with a direction to hear the concerned parties and take decision in the

matter in accordance with law within a period of four months.

� The matter was placed in the 132nd

GCZMA meeting held on 06/07/2016 wherein

the Authority after detailed discussion and due deliberation decided to conduct re-

inspection of the site under reference through its Expert Member of the GCZMA.

� Accordingly, site inspection was conducted by Shri. Ragunath Dhume and Dr.

Antonio Mascarenhas on 15/07/2016. The site inspection report submitted by Dr.

Antonio Mascarenhas is as follows:

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� The property belong to Mr A Puri who has built a house in the plot; originally, the

plot belonged to some other individual.

� The plot is located on the southern bank of tidal river Mandovi, on the riverside

side of the existing road; the new house lies about 8-10 metres form HTL.

� The original vertical wall which was composed of laterite stone has been restored

but has not been tampered with. A grill of steel is fixed on the outer part of the

wall.

� Similarly, the original boundary wall still exists, but has been covered with natural

laterite stone.

� The owner has obtained approvals from the erstwhile GCZMA based on which the

house has been constructed. However, the area is classified by GCZMA as CRZ II

whereas the CZMP 1996 for Goa has classified this area (Ribandar) as CRZ III.

� It is this issue that is challenged by the complainant. Moreover, the same

complainant is of the view that such a property cannot be sold to a non-local

individual. As this case may now have further legal repercussion, it needs to be

debated by the GCZMA.

The said matter was placed in the 133rd

GCZMA meeting held on 20/07/2016

wherein the Authority after detailed discussion and due deliberation and upon

considering the site inspection report dated 15/07/2016 and the fact that complainant has

brought forward new facts and also on considering the aforementioned observations

wherein there are alleged discrepancies in the categorization of the CRZ areas and as

such the Authority decided to grant the concerned parties an opportunity of personal

hearing on the issues before the Authority in its next meeting and then to decide the

matter.

The said matter was placed before the 2nd

meeting of the Committee to decide on CRZ

matters:

Mr. Kashinath Jairam Shetye was present in person. Advocate Y. Naik represented the

Respondent, Shri. Aditya Puri.

Mr. Kashinath Jairam Shetye as well as Advocate Y. Naik representing Mr. Aditya Puri

filed written submissions.

Mr. Kashinath J. Shetye denied the contents of the reply filed by the Respondent. He

stated that the NOC issued by the GCZMA was conditional with directions to the

NGPDA. He further stated that Chalta No. 27 of P.T.S No. 2, Panaji which is nalla is

specifically an encroachement in the Government property. He further stated that

permissions were taken only in Chalta Nos. 6 and 7 of P.T.S No. 2 by builder Eric

Sequeira POA to Domingos Xavier Rodrigues and Lucy Rodrigues and the same could

not be sold to non traditional fisherman or outsider as per CRZ Notification 1991 / 2011.

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Further, the setback is not ensured nor the plan was approved by the GCZMA and as such

the NOC should be withdrawn and the setback should be maintained forthwith. The

permissible coverage is 109 sq. of the total built up area is 220. 52 sq. m but in actual

coverage is 52 sq. m and Stilt parking is covered for rooms to stay. The walls of the Stilt

parking are built without obtaining necessary approvals and are used for residential

purpose.

He also stated that no amalgamation of plot can be done as per the Judgment of Suresh

Estates all the boundaries are freezed on CRZ Notification, 19/02/1991.

He further stated that the Bungalow has been built on the Seaward side and there is no

road between the building and the creek and no set back is left and the bungalow is in

setback area of River Mandovi and no setback has been shown on the plan and the

NGPDA approval dated 18/12/2008 has been violated as no setback is maintained as

ordered by the GCZMA and approving the sanctioned plans by the GCZMA. The Google

images of 2004 and 2015 shows there is existence of the mangroves in that area and the

building is in NDZ Setback area.

He further stated that based on the CZMP 1996 Ribandar area falls under CRZ – III zone

and incase of existence of mangroves it falls under CRZ – I Zone and as per the letter

issued by the MoEF dated 03/12/2001 to the Chief Secretary, Govt. of Goa with regard to

proposal for reclassification of CRZ stretches of Goa wherein it was proposed for

reclassification of the entire stretch of land at Ribandar (within Panjim Municipality

limits along the Mandovi River) – Map No. 4 and 5.

Advocate Y. Naik submitted that the Order dated 18/03/2016 passed by the Hon’ble,

NGT is strictly to decide based on the complaint of the Appellant and as such requested

to stick to the contents of the complaint only. He stated that the allegations levelled in the

complaint by Mr. Kashinath Shetye against the Respondent, Mr. Aditya Puri are false and

devoid of factual veracity and are antithetic to ground reality. He stated that as alleged by

the Complainant that the Respondent has carried out construction of new Bungalow is

false and earlier there existed a structure / house in the said property and the same is

being rebuilt / reconstructed in to a Bungalow. Further as far as the permissions for the

said reconstruction of bungalow is concerned, the Respondent has obtained all the

necessary permissions including that of the GCZMA for reconstruction in his property.

He further highlighted on the necessary permissions obtained by the Respondent which

includes a) Permission dated 04/03/2008 issued by the GCZMA for modification /

reconstruction in Chalta Nos. 5,6,7,27,28,28-A, 28-B, 30 & 42 of P.T.S. No. 2 of Panaji

City Tiswadi Taluka, b) Approval / permission dated 11/11/2008 of the Town & Country

Planning Department, c) Permission dated 18/12/2008 for construction of single Family

dwelling in the said property from the North Goa Planning & Development Authority, d)

NOC issued by Health Officer of Panaji and e) NOC issued by Public Works

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Department, f) Construction license issued by the Corporation of City of Panaji and g)

Occupancy Certificate issued by the Corporation of City of Panaji in terms of completion

certificate issued by the NGPDA.

He further relied upon the site inspection report dated 27/11/2015 of the erstwhile

GCZMA wherein the report stated that the Respondent possessed all the relevant and

mandatory permissions stipulated in that regard and the same was communicated by the

erstwhile GCZMA to the Complainant vide letter dated 14/12/2015 which was then

challenged by the Complainant before the Hon’ble NGT, Pune.

He also stated that the Respondent is the bonafide and lawful owner of land in the

property “Fonduvem” admeasuring 240 sq. m along with the house thereon at Ribandar,

Tiswadi – Goa which is registered in the Office of Ilhas under No. 3415 of Book – 9 New

and also registered in Taluka Revenue Office under No. 145 within the Corporation of

City of Panaji and which plot of land surveyed under Chalta Nos. 6 & 7 of P.T.S. No. 2

of City Survey Panaji vide duly executed and registered Deed of Sale dated 22/08/2007.

He further invited the attention of the Committee that although the permission issued by

the GCZMA includes Chalta No. 27 of P.T.S No. 2, Panaji, the Respondent has confined

and limited his construction strictly within the limits of his property i.e. property bearing

Chalta No. 6 & 7 of P.T.S No. 2 and he is only in possession of the property bearing

Chalta No. 6 & 7 of P.T.S No. 2, Panaji and as such no encroachment has been carried

out by the Respondent upon Government property as alleged by the Complainants.

Further, as far as the compound wall is concerned, he stated that the Respondent has

maintained the old compound wall with natural laterite stones.

He further stated that as far as the allegations made by the Complainants with regard to

violation of CRZ norms by conducting illegal construction in CRZ – III area is

concerned, the permissions of the Respondent itself reveals that the said permissions have

been granted by the Authorities in respect of area classified and covered under CRZ – II

norms and as such the issue sought to be raised by the Complainant does not arise. So

also, all the allegations levelled by the Complainant with reference to the purchase of the

property by the Respondent by violating the statutory norms are a blatant

misinterpretation of facts. He finally concluded stating that the Respondent has abide by

all the permissions granted to him and the said permissions has not been set aside by any

Courts of law.

The Committee heard the parties at length.

The Committee noted that the permission has been granted to Mr. Eric Sequeira for

proposed modification in Chalta Nos. 5,6,7,27,28,28-A, 28-B, 30 & 42 of P.T.S. No. 2 of

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Panaji City Tiswadi Taluka and there is no evidence produced by the Respondent

regarding the flow of right of the aforementioned permissions to the Respondent from the

predecessor.

The Committee after detailed discussion and due deliberation and on considering the oral

as well the written submissions made by both the parties decided:

1) To verify / check the Directorate of Survey & Land Records (DSLR) records and

maps of above survey / Chalta numbers and check it with current records about location

of the property under question and to prepare a superimposed DSLR plan on Satellite

imagery for referencing purpose.

2) Further, the Committee also directed the Respondent, Mr. Aditya Puri to submit a

declaration / statement regarding the flow of right from Mr. Eric Sequeira to present

occupier in the light of CRZ Notification and other applicable laws.

3) The Committee further granted 4 weeks time to Mr. Aditya Puri to provide all the

necessary details / information in support of his case which includes the flow of right to

the present occupier in light of CRZ Notification and to hear the parties thereafter.

It is pertinent to note that a Miscelleneous Application bearing No. 428/2016 in Appeal

No. 8/2016 was filed Mr. Kashinath Shetye seeking implementation of the Original

directions issued by the Hon’ble NGT in Appeal No. 8/2016.

The said M.A. No. 428/2016 was disposed of by the Hon’ble NGT with direction to the

GCZMA to hear the parties concerned on 15/02/2017 and to dispose of the matter within a

period of two weeks thereafter and further directed GCZMA to file compliance report on

08/03/2017.

In view of the above, the matter is placed for grant of personal hearing to the

concerned parties.

Case No. 2.5:

To Comply with the Order dated 18/03/2016 of the Hon’ble National Green

Tribunal at Pune in Appeal No. 06/2016 filed by Mr. Kashinath Shetye V/s. Madan

Narayan Sawant & ors with regard to the alleged illegal construction of a Bungalow

/ commercial establishment by cutting mangroves located in the property bearing

Chalta No. 10 and 11 of P.T.Sheet No. 12 at Ribandar, Tiswadi – Goa.

Brief Summary:

� Complaint received from Mr. Kashinath Shetye & Dr. Ketan Govekar with regard

to alleged illegal construction of a structure / Bungalow / commercial

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establishment by cutting mangroves located in the property bearing Chalta No. 10

and 11 of P.T.Sheet No. 12 at Ribandar, Tiswadi – Goa.

� Accordingly, a Show Cause Notice was issued to Mr. Madan Narayan Sawant

which was replied to alongwith relevant documents in support of his case.

� Further, the site under reference was also inspected by the Technical Officer of

GCZMA alongwith the junior Scientific Assistant of GCZMA.

� Based on the reply as well as the site inspection report it was noted that the

construction of bungalow has been done after obtaining requisite permissions from

the concerned authorities and that there is no violation of the permission issued by

the GCZMA and that there is no evidence of cutting of mangroves seen at the site.

� Accordingly, in view of the above, a letter was issued to Mr. Kashinath Shetye

informing that no action is warranted in the matter and as such cannot proceed

ahead with the complaint filed by him.

� However, the said Order / letter was challenged before the Hon’ble NGT, Pune

vide Appeal bearing No. 06/2016 by Mr. Kashinath Shetye & Ors. The said

Appeal bearing No. 06/2016 was disposed of by the Hon’ble NGT at Pune vide

Order dated 18/03/2016 thereby quashing and setting aside the Order dated

15/12/2015 issued by the GCZMA and remanded the matter back to the GCZMA

with a direction to hear the concerned parties and take decision in the matter in

accordance with law within a period of four months.

� The matter was placed in the 132nd


the Authority after detailed discussion and due deliberation decided to conduct re-

inspection of the site under reference through its Expert Member of the GCZMA.

� Accordingly, site inspection was conducted by Shri. Ragunath Dhume and Dr.

Antonio Mascarenhas on 15/07/2016. The site inspection report submitted by Dr.

Antonio Mascarenhas is as follows:

� The property belongs to M Sawant who has built a G+1 residential house in the

plot.

� The property is located on the bank of Chimbel tidal creek, on the river side of the

existing road; the house lies about 10-12 metres from the bank (HTL).

� The creek bank is marked by a concrete retaining wall apparently built by WRD

some years ago; the need for such a thick and high concrete wall is not known;

some scattered mangroves are noticed.

� The owner has obtained approvals from the erstwhile GCZMA based on which

the house has been constructed. However, the area is classified by GCZMA as

CRZ II whereas the CZMP 1996 for Goa has classified this area (Ribandar) as

CRZ III.

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The said matter was placed in the 133rd

GCZMA meeting held on 20/07/2016

wherein the Authority after detailed discussion and due deliberation and upon

considering the site inspection report dated 15/07/2016 and also on considering the

aforementioned observations wherein there are alleged discrepancies in the categorization

of the CRZ areas and as such the Authority decided to grant the concerned parties an

opportunity to personal hearing on the issues before the Authority in its next meeting and

only then to arrive at a decision.

The said matter was taken up for hearing in the 2nd

Meeting of the Committee to decide

on CRZ matters wherein:

Proceedings: Mr. Kashinath Jairam Shetye was present in person. Mr. Madan Sawant

was present alongwith his Advocate Jitendra Supekar.

Mr. Kashinath Jairam Shetye filed his written submissions.

Mr. Kashinath J. Shetye denied the contents of the reply filed by the Respondent. He

stated that the NOC issued by the GCZMA was conditional with directions to the

NGPDA wherein the project was approved from CRZ angle with a recommendation that

the project proponent should maintain maximum setback and this should be ensured

while approving the plan. However, the structure is not ensured nor the plan was

approved by the GCZMA and based on this fact the NOC should be withdrawn and the

setback should be maintained forthwith. He further stated that permissible coverage is

251.20 sq.m total built up area is 207.29 sq. m but in actual coverage is 334.54 sq.m Stilt

parking is covered for rooms to stay. The walls of the Stilt parking are built without

obtaining necessary approvals and are used for residential as well as commercial purpose

as carpentary workshop.

He further stated that amalgamation of plot of Chalta No. 10 and 11 in P.T.S. No. 12 is

illegal as per the Judgment of Suresh estates all the boundaries are freezed as per CRZ

Notification, 19/02/1991. The Building / Bungalow has been built after the

amalgamation on the Seaward side and there is no road between the building and the

creek and no set back is left and the bungalow is in setback area of River Mandovi and no

setback has been shown on the plan. The Google images of 2004 and 2015 shows there is

existence of the mangroves in that area and the building is in NDZ Setback area. He also

stated that the mangroves have been cut.

He further stated that based on the CZMP 1996 Ribandar area falls under CRZ – III zone

and incase of existence of mangroves it falls under CRZ – I Zone and as per the letter

issued by the MoEF dated 03/12/2001 to the Chief Secretary, Govt. of Goa with regard to

proposal for reclassification of CRZ stretches of Goa wherein it was proposed for

reclassification of the entire stretch of land at Ribandar (within Panjim Municipality

limits along the Mandovi River) – Map No. 4 and 5. He further relied on the Judgment

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passed in the matter of Carlos Noronha in W.P. No. 519 of 2007 with M.C.A. No. 617/09

with Writ Petitions No. 420 & 474 of 2007. He also pointed out the Page No. 54 of the

RSI Report on identification and delineation of structures / dwelling units along rivers,

creeks and estuaries upto the tidal point experienced towards land which reveals that at

prior to 1991, there existed 29 structures in that area i.e. Chimbel Village and after 1991,

15 new structures were observed.

Adv. Jitendra Supekar stated that as far as the letter dated 03/12/2001 issued by the

MoEF to the Chief Secretary, Govt. of Goa regarding reclassification of CRZ stretches of

Goa wherein it was proposed for reclassification of the entire stretch of land at Ribandar

(within Panjim Municipality limits along the Mandovi River) – Map No. 4 and 5 is

concerned there was another letter issued by the MoEF dated 05/01/2012 wherein

modifications to the Order dated 03/12/2001 were issued in which the areas to be

reclassified as CRZ –III are included and there is no mention of the stretch of land at

Ribandar (within Panjim Municipality limits along the Mandovi River) – Map No. 4 and

5 and as such the contention of the complainant that Ribandar is being classified as CRZ

– III cannot be taken in to consideration.

Further, as far as the cutting of mangroves is concerned, there is no mangrove cutting

carried out by the Respondent and the same was also in question with respect to the

retaining wall build by the WRD.

Shri. Ragunath Dhume who inspected the said site in question stated that it is not known

at which point of time the mangroves are being cut and who exactly has carried out such

activity.

The Committee heard the parties at length.

The Committee noted that the permission has been granted by the GCZMA to Mr. Madan

Sawant however, the plans have not been approved by the GCZMA and it is not known

that whether the adequate setback as required under the CRZ Notification and other

applicable laws has been left by the project proponent. Also, it is to be verified whether

the NGPDA approval is in violation of CRZ or not.

The Committee after detailed discussion and due deliberation and on considering the oral

as well the written submissions made by both the parties decided:

1) To direct an Expert Member to examine the plan as approved by the NGPDA in the

instant matter in the light of provisions of CRZ Notification as applicable at the time of

approval of plan.

2) Further, the in site condition should be checked in the light of the above.

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3) The Respondent is directed to provide a copy of approved plan alongwith original for

matching the same.

4) The representative from NGPDA with said approved plan should also be called for

inspection in presence of both the parties.

5) The Committee further granted 4 weeks time to Mr. Madan Sawant to provide all the

necessary details / information which includes the plan approved by the NGPDA in light

of CRZ Notification and to hear the parties thereafter.

It is pertinent to note that a Miscelleneous Application bearing No. 427/2016 in Appeal

No. 6/2016 was filed Mr. Kashinath Shetye seeking implementation of the Original

directions issued by the Hon’ble NGT in Appeal No. 6/2016.

Further, the said M.A. No. 427/2016 was disposed of by the Hon’ble NGT with direction

to the GCZMA to hear the parties concerned on 15/02/2017 and to dispose of the matter

within a period of two weeks thereafter and further directed GCZMA to file compliance

report on 08/03/2017.

In view of the above, the matter is placed for grant of personal hearing to the

concerned parties.

Case No. 2.6:

To comply with the Order dated 12/01/2017 in Application No. 170/2016 of the

Hon’ble National Green Tribunal at Pune filed by Mr. Kashinath Shetye and to

decide on the alleged illegal construction carried out by Mrs. Sheila Dhody by

building / constructing various hotels i.e. (Casa Vagator, Casa Colvale, Casa

Britona, Casa Baga and Casa Anjuna) within NDZ area of Bardez Taluka.

1. An Application bearing no. 170/2016 was filed by Mr. Kashinath Shetye before the

Hon’ble National Green Tribunal at Pune thereby challenging the alleged illegal

construction carried out by Mrs. Sheila Dhody by building / constructing various

hotels i.e. (Casa Vagator, Casa Colvale, Casa Britona, Casa Baga and Casa Anjuna)

within NDZ area of Bardez Taluka and the alleged inaction on the part of the

Respondent Authorities against the said alleged illegal activities.

2. The said Application was accordingly disposed of by the Hon’ble National Green

Tribunal at Pune vide Order dated 12/01/2017 with a direction to the parties

concerned to exchange their pleadings on or before 08/02/2017 and to grant

personal hearing to the parties on 15/02/2017 and thereafter GCZMA to decide the

matter within a period of five weeks.

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3. The various construction activities carried out by Mrs. Sheila Dhody and which are

challenged by Mr. Kashinath Shetye before the Hon’ble National Green Tribunal at

Pune are as follows:

(I) CASA COLVALE

a) A letter dated 25/06/2013 was received from the Village Panchayat of

Colvale informing about the alleged illegal construction of hotel Casa

Colvale carried out within CRZ area without obtaining any permission from

the Panchayat as well as from other concerned authorities. The complaint

letter also stated that the owner of the hotel has also constructed swimming

pool and was in the process of constructing private jetty. As such, requested

to take immediate action.

b) Accordingly vide letter dated 0/04/2014 the said complaint letter was

forwarded to the Inquiry Committee of the GCZMA for necessary inquiry

into the matter.

c) The Inquiry Committee of GCZMA after due inquiry into the matter which

includes inspection of the site and personal hearing o the parties was pleased

to prepare and submit their report which inter alia in brief states as under:

i. The property where the hotel is constructed is in the property bearing

Sy. No. 355/7 and 8 of Village Colvale, Bardez-Goa.

ii. In between the CRZ line and the bank of River Chapora there is a G+

1 structure and on the western side of the structure another structure is

there with swimming pool.

iii. The survey plan prepared in the year 1971-72 shows the existence of a

house in Sy. No. 355/7 and 8 of Village Colvale. Even the Form I and

XIV mentions the existene of a house.

iv. The permission granted by the Village Panchayat in the year 1984 to

Maria Lourdes Lobo and the approved plan for extension of the house

indicates that the construction of extension garage / work room / septic

tank / soak pit was carried out in the year 1984.

v. After the purchase of the property alongwith the house in the year

2003, the Village Panchayat granted permission to carry commercial

activities of paying guest house in the H.No. 151/A/12 to the affected

party in the year 2007.

vi. The site plan shows the existence of new structures and a structure in

the survey plan but not existing at the site. On perusing the site plan

with the approved plan it is seen that though the new constructions are

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not within the plinth area of the old construictions, the overall area of

the new constructions is the same of the old constructions.

vii. That the affected party is pying house tax in respect of H.No. 151/A/2

and the Village Panchayat ghranted N.O.C to carry the commercial

activities of Paying Guest House.

viii. Considering all this facts, the GCZMA may give direction to Village

Panchayat of Colvale to regularize the structures existing in Sy. NO.

355/7 and 8 of Village Colvaleand dispose of the complaint dated

25/06/2013 filed by the Village Panchayat of Colvale.

d) After submission of the report by the Inquiry Committee of GCZMA, a

complaint letter dated 22/02/2016 was also received from Mr. Kashinath

Shetye with respect to the CRZ violations carried out by Mrs. Sheila Dhody

in Sy. Nos. 355/1, 7 and 8 of Village Colvale, Bardez-Goa by building a

hotel called Casa Colvaleon the bank of River Chapora without obtaining any

permission from the GCZMA and also from the other authorities.

CASA VAGATOR

1. A Complaint letter dated 06/06//2013 was received from Mr. Sandeep Chimulkar

& Ors. with regard to the alleged illegal construction of rooms, swinmming pool,

compound hall, blockage of existing nallah carried out by Sheila Dhody,

Proprietor of ‘Casa Vagator’ in the property bearing Sy. No. 226/1, Village

Anjuna, Bardez – Goa.

2. The said complaint letter was refered to the Inquiry Committee for inquiry and

report in the matter. Also, the complaint letter was forwarded to the Deputy

Collector & S.DO of Bardez and Village Panchayat of Anjuna for necessary

inquiry action in the matter.

3. The Deputy Collector & S.DO, Bardez upon conducting necessary inquiry in the

matter submitted their report dated 04/03/2014 which interalia in brief states that

the Respondent has conducted 2 structures as well as the swimming pool without

obtaining any permission from the GCZMA and the structures were constructed in

May 2013 as reported by the Mamlatdar and is in total violation of the CRZ.

4. Upon receipt of this report a Show Cause Notice cum Stop Work Order bearing

No. GCZMA/ILLE-COMPL/13-14/04/02 dated 01/04/2014 was issued to Sheila

Dhody with a direction to stop the work with immediate effect and show cause as

to why a direction to demolish the structure and restore the land to its original

condition should not be issued.

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5. One of the complainants, Mrs. Suhasini Govekar vide her letter dated 13/10/2016

informed that the illegal construction is also carried out in Sy. No. 226/3, 226/4

and 227/8 besides in Sy. No. 226/1.

6. Subsequently, a Complaint letter dated 23/11/2015 has also been received from

Mr. Kashinath Shetye with regard to the alleged illegal construction of buildings /

structures in the name as “Casa Vagator” within CRZ area carried out by Mrs.

Sheila Dhody at Vagator, Anjuna, Bardez-Goa.

7. The said complaint letter was also forwarded to the Inquiry Committee of

GCZMA for inquiry and action in the matter.

8. The inquiry Committee of the GCZMA upon conducting due inquiry in the matter

which includes inspection of the site under reference and grant of personal hearing

to the parties submitted its report which interalia in brief states as below:

“Since there are no documents to indicate the existence of the structures prior to

the CRZ Notification 19/02/1991 and since the structures are new construction

post date CRZ Notification in No Development Zone and in violations of CRZ

Notification, GCZMA to order:

a) Demolition of the seven structures and two sheds in the property surveyed

under Sy. No. 226/1 of Village Anjuna and shown in the site plan attached to the

report.

b) Remove the swimming pool, 3 plinths existing in the property bearing Sy. No.

226/1 of Village Anjuna and shown in the site plan attached to the report”.

CASA BAGA

1. A Complaint letter dated 21/03/2016 has been received from Mr. Kashinath

Shetye with regard to the alleged illegal construction of a Hotel named as

“Casa Baga” carried out by Mrs. Sheila Dhody at Saunta Vaddo, near Titos

Disco, Baga, Bardez- Goa.

2. Upon receipt of the complaint a Show Cause Notice bearing No.

GCZMA/N/ILLE-COMPL/16-17/24/639 dated 23/05/2016 was issued to

Mrs. Sheila Dhody with a direction to Show Cause as to why a direction to

demolish the said structure and restore the land to its original condition

should be issued.

3. Accordingly, the aforementioned Show Cause Notice was replied by Mrs.

Sheila Dhody by reply dated 27/06/2016 which in brief states as under:

� Structure is shown in the survey plan which was promulgated in the

year 1975 and the name of Mrs. Sheila Dhody is also reflected in

Form I & XIV.

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� Structure is assessed for the purpose of house tax by the Village

Panchayat under H. No. 40/7.

� Structure existing therein has been repaired by obtaining approval

from the GCZMA vide approval bearing No. GCZMA/N/3352/32

dated 07/05/2004. Also has repairs licence issued by the Village

Panchayat dated 20/05/2004.

� After completion of the repair work an

� Application was filed before the Village Panchayat seeking no

objection t run the said house as Guest house as required under the

Tourist Trade Act and the same was accordingly granted by the

Village Panchayat vide NOC dated 28/03/2005 which was

subsequently renewed.

� The structure is enclosed by the compound wall and is found reflected

in the Registo –de- Agreemensor maintained by the Land survey

Department which is an ancient record.

� The Village Panchayat vide certificate dated 08/11/2005 has certified

that the house bearing No. 40/7 belongs to Sheila Dhody and the same

is a commercial premises.

� The record of rights and Form I & XIV also reveals that in the

property there exists two houses owned by the land lord.

� The Village Panchayat has also issued an Establishment Licence date

07/07/2004.

� The Village Panchayat of Calangute had also issued a Show Cause

Notice. however, the Order of demolition was challenged before the

Director of Panchayats and the same was set aside and directed the

Panchayat to conduct an inquiry min terms of the Order passed by the

Hon’ble High Court.

� After detailed inquiry Village Panchayat was pleased to confirm that

the construction is a legal construction.

4. Subsequently, the site inspection was conducted by the Expert Members of

the GCZMA on 01/02/2017 and accordingly submitted its report which

interalia in brief states as follows:

• That the main building is a G+2 Structure and is more than 9 m in

height.

• The Office building is a new construction which is opposite the main

entrance gate.

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• Staff Kitchen is housed in a new southward extension of the main

building.

• Infront of the main building stands a G+1 permanent structure which

is being used for lodging the guest and for other ancillary activities of

the Hotel.

• A kitchen cum dining hall lies behind the main building (towards

east).

• A swimming pool is constructed in the Courttyard behind the new

kitchen dinning hall. The area around the swimming pool is covered

with floring tiles.

• The built up area against the total area of the plot is inexcess of 33%.

Conclusions and recommendation:

1. The additional constructions includes:

a) one exta storey (G+2) to the main building.

b) The Office building.

c) Staff kitchen

d) other G+1 permanent structures opposite to the main building.

e) Kitchen cum dining hall and

f) The Swimming pool.

Appears to be new and it is necessary to ascertain their legality based on the

survey map and other relevant documents.

2) It appears to be gross violation of CRZ regulations.

CASA ANJUNA

1. A Complaint letter dated 21/03/2016 has been received from Mr. Kashinath

Shetye with regard to the alleged illegal construction of a Hotel named as

“Casa Anjuna” carried out by Mrs. Sheila Dhody at Demello Vaddo, Anjuna,

Bardez- Goa.

2. Upon receipt of the said complaint letter site inspection was conducted by the

Expert Members of the GCZMA on 01/02/2017 and accordingly submitted

its report which interalia in brief states as follows:

� The observations indicated that the main building depicts old

architecture. It is ‘G+2’ reconstructed structureof height in excess of 9

m.

� Ground floor of the main building has an extension towards the

northern aspect, which seems to be an addition.

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� A newly constructed block (G+2) is seen on the southern side of the

main building.

� A swimming pool, changing rooms and a stage seems to be an added

structures to the old premises.

� A new building with only a ground floor stands on the east of the

main building.


a) The legality of new construction and observed extensions needs to be

ascertained based on the survey maps and othe rrelevant documents.

b) Constructions with height exceeding 9 m are not permitted in CRZ area.

c) The area covered by buildings appears to be mmore than 33% of the Total

area of the plot in contravention of CRZ norms thus it appears to be a

gross violation of CRZ regulations.

CASA BRITONA

a) A complaint letter dated 19/01/2016 has been received from Mr. Surendra

Narayan Tari informing about the alleged illegal construction of work in

hotel “Casa Britona” bearing H. No. 217, Near Charmanos, Badem,

Salvador-do-Mundo at Britona, Bardez-Goa carried out by Mrs. Sheila

Dhody.

b) Upon receipt of the said complaint leter dated 19/01/2016, a Show Cause

Notice cum Stop Work Order bearing no. GCZMA/N/ILLE-COMPL/15-

16/171/2634 dated 08/02/2016 was issued to Mrs. Sheila Dhody with a

direction to stop the work and show cause as to why a direction to demolish

the structure and to restore the land to its original condition should not be

issued.

c) Subsequently, a complaint letter was also received from Mr. Kashinath

Shetye informing about the alleged illegal construction / CRZ violations

carried out by Mrs. Sheila Dhodyin the property bearing Sy. No. 62/2, 3, 5

and 6 of Salvador-do-Mundo Village, Bardez-Goa by constructing a hotel

named as “Casa Britona” on the River Mandovi without obtaining any

permission from the GCZMA as well other authorities concerned.

d) In view of the complaints received, a site inspection was carried out by the

Expert Members of GCZMA on 01/02/2017 which inter alia in brief states as

under:

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� That the old house stands on the bank of River Mandovi. The plinth of

the old existing residential house has been converted for commercial

purpose (hotel).

� A swimming pool is constructed in the courtyard of the main building.

� Adjacent to the swimming pool a sitting hall is constructed which has

conventional tiled roof supported on concrete / laterite pillars. The

structure is apparently new and permanent.

� A commercial kitchen is added to the main building on the northern

side using existing compound wall.

� A gallery with wooden planks supported by concrete columns appears

to be an addition towards the waterfront. The columns rest in the

substratum of the waterfront and are within the inter tidal zone.

� One new room on the edge of the River Bank is a fresh addition and is

being used as a massage room.


1) The sitting hall / commercial kitchen / massage room and the swimming

pool observed appears to be new construction and needs to be ascertained

based on the Survey map and other relevant documents.

2) If permissions are btained as claimed by Mr. Mishra the same should be

verified for the date and year during which they have been issued by the

respective authorities.

3) It appears to be gross violation of the CRZ regulation.

4. In pursuance to the Order dated 12/01/2017 of the Hon’ble National Green Tribunal

at Pune, the GCZMA received Affidavit-in-reply on behalf of the Respondents i.e.

Casa Anjuna, Casa Vagator, Casa Baga, Casa Britona, Casa Colvale stating inter

alia in brief as under:

CASA COLVALE

(i) That Casa Colvale is loacated in the preoperty bearing Sy. No. 355/7 & 8 and falls

in CRZ – I area.

(ii) The house existing therein is assessed for the purpose of tax before the Village

Panchayat under house No. 151/12 besides a work room and an outhouse.

(iii) The report of the Inquiry Committee also concluded that the structures were in

existence prior to 1991. No appeal has been filed against the said Order / report of

the Inquiry Committee.

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(iv) The survey records for the Village of Colvale were .promulgated in the year

1974 which clearly reveals that there are 3 strucutres existing in the said property

surveyed under Sy. No. 355/7 & 8.

(v) The main house was further extended vide construction licence dated 06/11/1984

and therafter the house was again repaired vide construction licence dated

05/03/2004.

(vi) The Property was purchased together with the structures existing therin vide

Deed of Sale dated 12/12/2003 and 12/02/2004 and relied on the following

documents:

� Survey plan, Form I & XIV, Deed of Sale dated 12/12/2003, 12/02/2004,

Report of Inquiry Committee, registration certificate of Establishment,

Excise Lincence, NOC dated 17/11/2006 to keep Tourist paying guest,

NOC dated 23/01/2007 to start business of guest house, NOC dated

31/01/2008, renewal of licence dated 28/05/2009.

CASA VAGATOR

1. Casa Vagator is a Hotel property comprising of immovable properties bearing

Sy. No. 226/1, 226/4 of Anjuna, Bardez – Goa.

2. There existed a residential house and two outhouses which were assessed for the

purpose of tax by the Panchayat under H. No. 594 (4).

3. Sgtructures have been released electricity comnnection as well as water

connection in the name of Mrs. Sheila Dhody.

4. The fact that the house is assessd for the purpose of tax is confirmed by house

tax and light tax issued by the Panchayat dated 21/08/2004.

5. The fact that the house is existing therein is further confirmed by an NOC for

reconstruction / renovation issued by the Village Panchayat of Anjuna- Caisua

dated 05/09/1994 by virtue of which the said John Baptista D’Souza who is the

predecessor in title was granted NOC for reconstruction / renovation of the house

existing in the property bearing Sy. No. 226/1.

6. The Health Ofifcer granted NOC dated 22/09/2007 for sale of Indian Made

Foreign Liquor and Country Liquor in the said premises.

7. The Village Panchayat of Anjuna issued NOC dated 17/11/2006 for keeing

Tourist paying Guest in the house so also, garnted NOC for running Bar &

Restaurant in the said house.

8. The Respondent placed their reliance on the following documents:

� House tax receipts, electricity bills, water bills, Deed of Sale dated

14/06/2006, NOC for reconstruction / renovation dated 05/09/1994, Deed

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of Sale dated 07/10/1994, 16/01/1968, NOC dated 22/09/2007, NOC dated

17/11/2006 issue dby the Village Panchayat, Judgment & Order dated

10/04/2008 and 05/10/2008 passed by the BDO.

The Village Panchayat issued a Show Cause Notice and thereafter a final Order alleging

about the illegal construction in Sy. No. 226/4, 226/1 (part) and 227/8 although the Sy.

No. 227/8 did not belong to this respondent against which the Appeal was filed before the

Addl. Director of Pancahyats – II. However, the same was dismissed as such a revision

petition has been filed before the District Judge at Mapusa and the same is paid for

adjudication.

CASA BAGA

1. Casa Baga is in the property bearing Sy. No. 224/2 of Village Calangute,

Bardez – Goa.

2. A portion of the property admeasuring 1950 sq. m was purchased with a

structure assessed for the purpose of tax under H. No. 40/7.

3. Obtained permission from the GCZMA for repairs of the existing house vide

NOC dated 07/05/2004.

4. Repair licence granted by the Village Panchayat of Calangute vide NOC dated

20/05/2004.

5. That the business of a hotel is conducted with due permission from the Village

Panchayat and the consent to operate from GSPCB and the Establishment licence

is also issued by the Village Panchayat of Calangute.

6. The V.P. of Calangute vide trade licence dated 29/07/2015 has certified that the

construction is a legal construction.

7. The hotel is registered under the Shops and Establishment Act.

8. The Viilage Panchayat of Calangute had issued an Order of Demolition against

which an Appeal was preferred before the Director of Panchayats. The said

Appeal was allowed with a direction to the Panchayat to withdraw the order of

demolition and accordingly the same has been withdrawn by the Panchayat and as

such there is no material to substantiate that there is any illegal construction

carried out by the Respondent.

9. The Respondent relies on the following documents:

Deed of Sale dated 09/12/2004, House tax and light tax receipts, NOC dated

07/05/2004 issued by GCZMA, Certificate dated 08/11/2005 issued by the

Panchayat, repair license dated 20/05/2004 issued by the Panchayat, withdrawal of

demolition order dated 10/03/2010, certificate dated 08/05/2005 issued by the

Panchayat, Form I & XIV, consent from the GSPCB, establishment licence issued

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by Panchayat, NOC from Fire and Emergency Services, Certificate under the

Shops and Establishment Act, Order dated 17/06/2009 passed by the Director of

Panchayats.

Casa Anjuna

1) The hotel is in the property bearing Sy. No. 144/1 and 136/70 of Village Anjuna,

Bardez-Goa which are adjoining to each other and the business is conducted in t

eh structure that originally existed in the said property.

2) The structure is assessed for the purpose of tax under H.No. 669/5 and tax has

been paid till date.

3) Consent to operate dated 03/06/2008 has been issued by the GSPCB.

4) NOC issued by the Director of Fire and Emergency Services.

5) NOC from the Panchayat for conducting business of a tourist paying guest house

and restaurant.

6) Business registered under the Shops and Establishment Act.

7) Excise Licenses has been issued.

8) NOC dated 23/07/2007 issued by the Health Services for conducting the restaurant

business.

Casa Britona

1) Hotel Casa Britona is in the property bearing Sy. No. 62/6 of Village Salvador-

do-Mundo, Bardez-Goa which was purchased vide Deed of Sale dated

13/07/2000 alongwith the existing house from Mrs. Maria Antonieta Dejanira

Especiosa do Rosario Azavedo and Shri. Arthur Jose Patricio Walter Rasquina.

2) There existed a 300 year old Portuguese house and had been only repaired by

obtaining permission from the Panchayat dated 03/08/2000.

3) House tax and light tax in respect of the said house is paid.

4) Licence / NOC for repairs and renovation dated 06/02/2009 has also been

issued by the GCZMA.

5) NOC dated 06/09/2002 issued by the Village Panchayat for conducting

business of guest house and restaurant.

6) NOC dated 05/06/2004 issued by the Panchayat for the purpose of securing

excise license and vide said NOC the Panchayat has confirmed that the house

is in existence for 40 years.

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7) The business is registered under the Tourist Trade Act as well as the Shops and

Establishment Act.

8) Also possesses Excise License from the Excise Department.

9) Panchayat has from time to time has renewed the license grated by them.

10) Consent to operate dated 31/05/2011 issued by the GSPCB.

In view of the above, the matters are placed before the Authority inorder to

grant personal hearing to the parties.

Item No.: 3: Status of the cases pending before the Inquiry Committee of the

GCZMA

The various matters which are referred to the Inquiry Committee of the GCZMA for

inquiry and which are pending for report are enclosed herewith as Annexure II.

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

structures in CRZ- II and CRZ- III area)

Case No. 4.1:

Recommendation / Permission for proposed reconstruction of structures /

workshops bearing H. No. 381, 382 and 383 located in the property bearing Sy. No.

108/1, Cavelossim, Salcete Taluka by Smt. Requelina Silva.

Background: The applicant has sought permission / recommendation for proposed

reconstruction of structures / workshops bearing H. No. 381, 382 and 383 located in the

property bearing Sy. No. 108/1, Cavelossim, Salcete - Goa. The applicant has submitted a

copy of Certificate dated 28/07/2015 issued by the Sarpanch, Village Panchayat of

Cavelossim wherein it is stated that the House bearing Nos. 381, 382, 383 situated at

Mobor ward, Cavelossim, Salcete – Goa are registered in the name of Antonio Silva since

the assessment year 1980-81 and has also submitted a copy of NOC dated 18/11/2009

stating that NOC is issued to Mr. Ivo D’Silva to sell Marine Parts under the name & style

of “Silva Spares” in H. No. 382, Mobor, Cavelossim and NOC dated 23/04/2015 issued

by the Sarpanch, Village Panchayat of Cavelossim stating that NOC is issued to Mr.

Sebastiao D’Silva for boat pulling / trawler repairing / Trawler building at Sy. No. 108/1.

The applicant has also submitted copies of house & light tax receipts for H. Nos. 381,

382 & 383 and trade tax for H. No. 382 to sell marine parts “Silva Spares” and consent to

operate & Authorization dated 08/09/2014 granted by the GSPCB to M/s. Silva

Engineers, H. No. 382, Mobor, Cavelossim for repair & servicing of trawlers i.e. 3 nos. /

month, a copy of NOC issued by Directorate of Health Services to establish a SSI unit to

start repairing & servicing of trawlers, engines, job work of trawlers accessories in the

premises bearing No. 382, Cavelossim (“Silva Engineers”) and NOC dated 21/01/2004 to

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open work shop in the said house, a copy of NOC dated 07/01/2015 issued by Captain of

Ports Department for usage of waterfrontage in the Sy. No. 108/1, Mobor, Cavelossim for

repairs of boats & fishing trawlers, copy of Registration certificate issued by the

Department of Commercial Taxes. The applicant has also submitted a deed of sale

executed between Smt. Fatima Bi & 12 ors. (referred to as the Vendors) and Mr. Antonio

Da Silva (referred to as the Purchaser) and a General Power of attorney of Mrs.

Requelina D’ Silva & 4 Ors nominating, constituting and appointing Sebastiao Da Silva

as the lawful attorney on their behalf. The name of the applicant is reflected in Form I &

XIV.

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

Member (GCZMA). The inspection report indicates that the applicant proposes to

reconstruct a structure that existed (H. No. 382). The applicant is one of the owners of the

property, there are six other occupants. The structure is not shown in DSLR plans and

original plan is not attached. An old dilapidated house is being run as a work shop /

repairs of boats / trawlers. The workshop is located a few meters from the HTL of the

river Sal; some reclamation appears to have taken place. It is not known when the house

was built; house tax receipts of 2015 are attached but older receipts are not available. VP

Cavelossim has issued NOC’s in 2009 and 2015 for commercial activities related to sale

of marine ports. The GSPCB has issued a consent to operate in 2014. NOC’s from CoP

and Harbour Inspector are shown 2015 and 2010 respectively. But the application is for

G+1 house with bedrooms, toilets and kitchens and the applicant apparently wishes to

convert a workshop / repair facility into a residence-cum- workshop; reasons are not

stated. The structure where the workshop is functioning falls in NDZ. Whether there are

provisions in the CRZ 2011 rules for the above proposal needs to be discussed.

Note: A. The report above also applies to house nos. 381 and 383. These are small huts /

broken houses which have been rebuilt several times. Both are used for trawler related

repairs.

B. These two structures (381 and 383) do not have any approvals whatsoever from

competent Government authorities (except for 2015 receipts).

C. The entire river bank is full of small houses where marine related activities are noted.

D. The river bank has been encroached upon, at places, and presents a very degraded look

as all sorts of waste material is scattered.

Dr. Antonio Mascarenhas, Expert Member, GCZMA informed the members that the two

of the structures i.e. structures bearing H. No. 381 and 383 are small structures / huts

/houses and there is one big structure i.e structure bearing H. No.832 and all these

structures proposed for reconstruction falls in NDZ. The H. Nos. 381 and 383 do not have

any approvals whatsoever from competent Government authorities except for 2015 tax

receipts. The applicant desires to construct a G+1 house with bedrooms, toilets and

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kitchens and as such the applicant apparently wishes to convert a workshop / repair

facility into a residence-cum- workshop for which reasons are not stated.

The said matter was placed in the 129th


after detailed discussion and due deliberations and on considering the report of the site

inspection conducted by Dr. Antonio Mascarenhas, Expert Member (GCZMA), the

Authority decided to direct the applicant to apply afresh to the GCZMA specifically only

for the marine related activities or foreshore facilities alongwith requisite documents

which includes earlier permissions obtained by her from the GCZMA and documents

indicating the existence of all three structures i.e. structures bearing H. No. 381, 382 and

383 prior to 1991.

In this regard, the Applicant, Smt. Requelina Silva vide his Applications has stated that

the purpose of the reconstruction is for marine requirement as the present structure is too

small to cater her daily needs and business activities and thus requesting to grant her

permissions for the same.

The Authority may deliberate and decide.

Item No.: 5: To discuss and decide on the Format of site inspection report

The GCZMA in its 137th

meeting held on 24/01/2017 had circulated the format for site

inspection reports with respect to the Proposals and Complaints received by the GCZMA

wherein the Authority decided to discuss the said format of the Site inspection report in the

next meeting. The members decided that as suggested by the Director of Fisheries,

henceforth videography and photography should be carried out during the site inspection

and the same should be displayed during the meeting of the Authority. The Authority also

approved for purchase of two Video Cameras for the purpose of conducting the site

inspections.

In view of the above, the Authority may finalize the format for site inspection reports

pertaining to complaints and proposals and submit their views / suggestions, if any.

Item No.: 6

Any other item with the permission of Chair.

Sd/-

(Member Secretary)

Goa Coastal Zone Management Authority

**********

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