HC draws the line on Aldeia project- Herald

February 27, 2014

 Rules structures within 100m are illegal Bench split on action against project

 

TEAM HERALD

teamherald@herald-goa.com

 

PANJIM: In a significant judgement passed after seven years of litigation, the Bombay High Court at Goa passed a judgement declaring the Aldeia de Goa project, falling within 100m of the Coastal Regulation Zone (CRZ) High Tide Line (HTL), as illegal.

However, the two-judge bench of Roshan Dalvi and F M Reis delivered a split verdict on further action to be taken against the project, with Dalvi ordering demolitions and Reis saying that a fine of Rs 25-lakh be imposed on the hotel.

“Goan Real Estate and Construction Ltd., Goan Hotels & Clubs Pvt Ltd and Hotel Grand Hyatt shall remove the entire construction put up within 100m of the HTL of the River Bank being the NDZ,” Judge Roshan Dalvi said in her order.

Goa Coastal Zone Management Authority, Panchayat of Curca, Bambolim & Talaulim, Chief Town Planner, Secretary, Ministry of Environment & Forests shall demolish the construction put up,” she further said.

Reis however differed with respect to the penal action by imposing a fine. “As such, I find it appropriate to award exemplary and punitive costs on the respondent numbers 6 and 7. Such costs are fixed at Rs 25 lakh, out of which a sum of Rs 5 lakh shall be paid to the petitioners herein and the remaining sum of Rs 20-lakh shall be deposited with the State Government so that such amount can be used by the State Government to avoid environmental and ecological degradation of the coastal belt of the State of Goa,” Judge F M Reis said in his order.

The grievance of the petitioners with regard to the running of the hotel activity in the disputed structure would be re-examined by the GCZMA after the Town and Country Planning and the Village Panchayat authorities consider the legality of the construction put up by the private respondents in the said area 

between 50 to 100 metres from the High Tide Line in the light of the observations made in accordance with law, the order further reads.

A petition was filed by the People’s Movement for Civic Action through its secretary Patricia Pinto of Campal Panjim and the Goa Foundation against the hotel project. The judgements also reveal that the hotel was not constructed according to the approved plan by the panchayat of Curca Bambolim and Talaulim as well as the Town Planner of the Town and Country Planning Department. Reis also ordered the quashing of the NOC issued by the Town and Country Planning Authority as well as the construction licence dated 4.10.2008.

He directed the said authorities to examine the revision/re-validation of the plan afresh on the basis of the plan.

He however decreed that “directing the demolition of the structures put up by the private respondents in the writ jurisdiction without such adjudication which requires technical and specialized knowledge would be wholly unreasonable.”

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