Goemkarponn desk
PANAJI: The National Green Tribunal has dismissed the appeal from The Hotel Baywatch Resort, Colva-Margao challenging the Goa Coastal Zone Management Authority order of demolition of the illegal construction and a fine of Rs 10 lakhs.
The NGT order said, “we have heard learned counsel for the appellant. It is patent that the structures in question have been raised illegally in violation of the CRZ notification. The impugned order is based on adequate material and due process has been followed. No error has been shown in the impugned order. We, thus, do not find any ground to interfere with the impugned order. The appeal is dismissed,” the NGT said.
The appeal was against the order of the GCZMA dated 09.03.2021 directing demolition of illegal structures in violation of CRZ Notification and imposition of a fine of Rs. 10 Lakhs.
The operative part of the order is reproduced below:-
The GCZMA had directed the Hotel Baywatch Resort, Prudential Landmarks Pvt. Ltd do the Director, Levin Da Costa, resident of Dr. L. Da Costa Building, Ascanio Costa road , Margao,
a) to deposit a fine of Rs. 10,00,000 (RUPEES TEN LAKHS ONLY) to the authority in terms of the decision taken in 232nd GCZMA meeting held on 22/10/2020 and 236th GCZMA meeting held on 12/11/2020 within 30 days.
b) Further to remove/dismantle, demolish structures identified in DSLR plan dated 26/05/2020, Extension carried out to structure along with a concrete base, two shipping containers and land is to be restored to its original condition within a period of 30 days.
c) further also to remove/dismantle, demolish newly erected structure/structures identified in DSLR plan dated 10/11/2020, duck cage, cuddapah along with a concrete base, concrete pillars/plinth base of the structure, sandbag retaining wall, retaining wall on the western side of Syno.17/8 and land is to be restored to its original condition in terms of the decision taken in 232nd GCZMA meeting held on 22/10/2020 and 236th GCZMA meeting held on 12/11/2020 within a period of 30 days.
The GCZMA had also directed the owners to construct the retaining wall under the supervision of the Member Secretary, Goa State Biodiversity Board by making appropriate application to this authority in accordance with law.
Dy. Collector & S.D.O, Salcete, Margao, was asked to verify whether the structure referred to above are removed/dismantled, demolished, and the fine imposed is paid by the violator within the stipulated time.
“In case the said directions are not complied, Dy. Collector & S.D.O, Salcete, Margao, Goa shall remove/dismantle, demolish structures as referred above in property bearing Survey no 16/3, 17/4„ 17/5, 17/7 and 17/8 of Sernbatim village and land is to be restored to its original condition. Further also, recover the expenses incurred and fine imposed by authority from The Hotel Baywatch Resort, Prudential Landmarks Pvt. Ltd c/o the Director, Levin Da Costa, resident of Dr. L. Da Costa Building, Ascanio Costa road, Margao, as the arrears of land revenue,” the GCZMA order said.
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