NT Reporter
Panaji
The National Green Tribunal (NGT) has upheld the Goa Coastal Zone Management Authority’s (GCZMA) order directing demolition of unauthorised structures at a beach property in Calangute, ruling that Coastal Regulation Zone (CRZ) violations cannot be regularised through post-facto corrections
or revised plans.
Dismissing an appeal filed by Lloyd St Jude Joachim Fernandes, the Tribunal said there was “no infirmity” in the GCZMA’s demolition order, observing that the developer had substantially deviated from approvals granted for temporary seasonal structures.
The case relates to a GCZMA order dated April 12, 2024, directing demolition of cottages, a restaurant/shack, reception block, security cabin, swimming pool, landscaping, water fountain and electrical installations erected on Survey No. 158/1 at Calangute. The authority had also revoked permissions issued in 2019 and 2020 and ordered restoration of the land after finding violations in the No Development
Zone (NDZ).
The Tribunal said that inspections had found RCC footings, mild steel base plates and concrete foundations, following which the site was sealed to prevent further environmental damage. Subsequent inspections found several unauthorised structures continuing beyond the approved plans.
The NGT said the permissions were limited to 10 wooden cottages and a seasonal wooden shack of specified dimensions and materials. However, inspections found oversized cottages, a larger restaurant, electrical panels, reception and security blocks, a swimming pool, landscaping and a water fountain. The authority also found concrete foundations, ceramic tiles, mild steel framing and other permanent features.
The appellant argued that only eight cottages had been built, the permissible Floor Area Ratio had not been exceeded and variations could be rectified by trimming excess portions.
He also contended that a revision application was pending before the GCZMA.
Rejecting the arguments, the Tribunal said the permissions prescribed the structures’ exact size, height, material and design. It held that partial demolition was impractical as alterations would affect the integrity of the structures. The NGT also ruled that there is no provision under CRZ regulations for regularisation of illegal construction.