Goemkarponn Desk
PANAJI: The High Court of Bombay at Goa has come down heavily on a resort built in an eco-sensitive zone affected by CRZ. The Division Bench of Justice M S Sonak and Justoce M S Jawalkar has not only slapped a fine of Rs 5 lakh on the resort owner but also direct the North District Administration to seal the premises within 24 hours.
“The Government land, cannot be usurped or encroached upon or frittered away in this manner to assist Respondent Nos.9 and 10 for their business activities. Similarly, the environment cannot be degraded in this manner by putting up a resort in the eco-sensitive CRZ area without bothering to obtain any permissions from GCZMA,” the Bench observed in its order.
In another setback, the Court has directed the Collector of North Goa District to seal the structure/hotel/resort latest by tomorrow with the Electricity Department and Water Department to also disconnect the electricity supply and water supply to the resort forthwith.
Further, the demolition will have to be completed within four weeks from today so that the site is restored to its original position.
Gupta learned counsel for the respondants also submitted that the Respondents whom he represents are businessmen from Delhi who have put up this hotel/resort by investing a considerable amount. He submits that Respondent No.9 has made a representation dated 31.03.2021 to the Deputy Collector and SDM as also to the GCZMA. He also submited that directions may be issued to these authorities to consider the representations and in the meanwhile, the action of sealing and demolition may be deferred.
“This contention of Mr. Gupta cannot be accepted. Once the GCZMA has made the order and challenge against the order was turned down by the NGT, there is no Page 8 of 10 15th September 2021,” the HC said
The HC also said that t is entirely doubtful whether these authorities have any powers to consider representations of this nature. In any case, this 3 a matter. where admittedly no permissions were obtained from the GCZMA even though a resort was put up in the CRZ area.
“The environment cannot be degraded in this manner by putting up a resort in the eco-sensitive CRZ area without bothering to obtain any permissions from GCZMA,” the HC said
Learned Counsel for respondant himself submitted that Respondent are businessmen and therefore, it is apparent that they are aware of the law which governs the putting of hotels or resorts in the CRZ area. Respondent Nos.9 and 10 have taken their calculated chances and now that their illegalities have been discovered, there is no question of any further indulgence.
The respondants have been asked to comply with the GCZMA’s order and carry out the demolition and restore the Government land to its original position within four weeks from today as undertaken.
