Professional Documents
Culture Documents
The 306th Meeting of the Goa Coastal Zone Management Authority (GCZMA)
was held under the Chairmanship of the Secretary (Environment), on
26/05/2022 at 03.00 p.m. in the Conference Hall of GCZMA, Fourth Floor,
Patto-Panaji –Goa.
1. Secretary Environment/Chairman(GCZMA)
2. Representative on behalf of Principal Chief Engineer , PWD (Panaji Goa)
3. Representative on behalf of Principal Conservator of Forest, Panaji Goa.
4. Representative on behalf of Directorate of Panchayat , Panaji Goa.
5. Shri F.J.Miranda , Expert Member (GCZMA).
6. Shri. Savio Joquim Filipe Correia, Expert Member (GCZMA).
7. Member Secretary (GCZMA).
Background: The Office of the Goa Coastal Zone Management Authority (hereinafter
referred as ‘the GCZMA’ in short) had received a complaint letter dated20/01/2021from
Mr.HanumantMauzo and Mrs. Laxmi H Mauzo and Mr JanardanPai Anglo resident of
Navelim Margao Goa,and was inwarded in the office of on the 20/01/2021, with respect
to Illegal construction of a structure by digging pits for foundation inthe property bearing
survey no 172/9 of Calangute Village Bardez Goacarried out by Mr. Bento J. S. Dias and
Santan M Dias,both resident of Madda Vaddo, Calangute, Bardez Goa within 200 mts
from HTL.
Accordingly show cause notice cum personal hearing notice has been issued to the
alleged violator.
LdAdv for the Complainant present and so also Ld. Adv for the Respondent present.
LdAdv for the Respondent filed the reply.
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The Authority after hearing the matter decided to adjourn the matter for filing of
Rejoinder of the Complainant if any and furnish the advance copy of rejoinder in reply to
the Complainant. The matter is posted on 25/02/2021 at 3.30pm. Due to paucity of time
the matter is adjourned on 02/03/2021.
During 252nd GCZMA meeting held on 02/03/2021 Ld. Adv for the Complainant present
and so also Ld. Adv for the Respondent present. Advocate for Respondent filed reply.
The Complainant produced the copies of documents. Ld. Adv for the Complainant wants
to file Rejoinder in reply. The Authority after hearing both the adjourned the matter on
25/03/2021 at 3.30 pm.
The matter was taken up in its 281st GCZMA Meeting and due to paucity of time the
matter was adjourned to 06/01/22 at 3.00p.m.
Fresh Notice to be issued to parties. Due to paucity of time matter stands adjourned and
posted on 27/01/2022 at 3pm.
During 287th GCZMA meeting held on 27/01/2022 Complainant Shri. Janardhan Pai and
Respondent present in person. Complainant sought time to file rejoinder as his advocate
is absent. Respondent stated that the property was purchased by them in the year 1988.
Complainant submitted that the sale deed is not done in respect of the said property.
The Authority heard both the parties took note of the oral submissions made by the both
parties and decided to grant additional time to Complainant to file rejoinder if any and
posted the matter on 10/02/2022 at 3.00 pm.
During 290th GCZMA meeting held on 15/02/2022 Ld. Adv for the Complainant along
with the complainant present, Adv H. D Naik along with the Respondents present. The
Adv for the Complainant files copy of the Rejoinder to the reply filed by the Respondent
and the copy of the same is served upon the Respondents. The Adv for the Complainant
submitted that the Respondent has constructed an illegal structure by violating the CRZ
norms. The Respondent submitted that no new constructions have been done but only
excavations have been done and submitted that the property is beyond 200 mtr but within
500 mtr. The Authority questioned the Respondent whether he is ready to remove the
extensions done, for that the Adv for the Respondent submitted that he has already filed
application for permissions for the same which is before this Authority for approval.
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The Authority after hearing the parties decided to carry site inspection through Expert
Members by intimating the parties and posted the matter on 10.03.2022 at 3.00pm for
receipt of report.
During 298th GCZMA meeting held on 07/04/2022 the proceeding and decision as
follows: Ld. Adv for the Complainant present, Adv H.D.Naik present for the Respondent.
The Adv. for the Complainant submitted that complainants are the owners of the said
property and the Respondent has illegally constructed a structure and same is without any
permission.
The Authority directed to issue stop work order and posted the matter on 19.04.2022 at
3.00pm.
During 299th GCZMA meeting held on 19/04/2022 The Complainant and Respondent
remained present in person. The Complainant stated that the Respondent has carried out
illegal construction without consent of the owners of the property, and there is no
permission granted by any of the statutory Authority. Further the Complainant submitted
that besides old structure the Respondent has carried out extension to the said structure.
The Respondent stated that they have undertaken only repairs of their old residential
structure as it was in bad shape. The Respondent stated that the structure is very old
structure and they had informed the village panchayat about construction activity. Further
the Respondent submitted that they had purchased the said property from the Bhatkar.
The Authority after hearing the parties decided to hold inspection on 27/04/2022 at 11.00
am through Expert Member GCZMA. The parties present waived notices for site
inspection fixed on 27/04/2022 at 11.00 am. The Authority also directed the Respondent
not to do any further construction as the stop work order has been issued to them and it is
in operation. The Authority decided to fix the matter for further hearing on 05/05/2022 at
3.00 pm.
Site inspection was conducted by Expert members GCZMA on 27/04/2022 and submitted
the report.
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During 302nd GCZMA meeting held on 05/05/2022 Complainant present in person, Ld.
Adv for the Respondent present. Adv for the Respondent seeks time on the ground that he
The Authority after hearing the Respondent granted time and directed both the parties to
collect the site inspection report and file reply to the same and posted the matter on
26.05.2022 at 3.00pm.
Decision: The Authority granted time to the Respondent and posted the matter
on 9/06/2022 at 3.00pm for reply and final arguments.
Upon receipt of the Complaint this Authority forwarded the Complaint to the
District Level Committee on the 11/02/2019. The Authority issued a Show Cause Notice
with a direction to file reply and remain present for personal hearing today.
During the 280th GCZMA Meeting, the Authority heard the parties and granted
time to the Respondent to file reply and posted the matter on 20.1.2022 at 300p.m.
However meeting postponed to 25/01/2022.
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The Authority after hearing the parties decided to keep the matter on 17/02/2022
at 3.00 pm with a direction to the Respondent to file reply and serve advance copy of
reply on the complaint.
During 291st GCZMA meeting held on 17/02/2022 Adv Pankaj Vernekar for the
Complainant, Adv Rohit D’sa for the Respondent. The Adv for the Respondent stated
that he has filed reply and the same has been served upon the Complainant Adv for the
Complainant submitted that he wish to file rejoinder on the reply filed.
The Authority heard the parties and posted the matter on 10.3.2022 at 3.00pm.
On 10.03.2022 Adv Pankaj Vernekar for the Complainant present, Junior Advocate from
Adv. Rohit D’sa present for the Respondent and submitted that she wants to file sur
rejoinder on the rejoinder filed by the Complainant. The Adv for the Complainant
objected for the same and submitted that the Respondent do not have any permissions,
wherein the Respondent has themselves in their reply at Para 6 made a statement that
subject matter structure is unauthorized.
The Authority rejected the request made by the Adv for the Respondent and
posted the matter for orders. Authority decided to hear the both parties before issuing any
order.
During 302nd GCZMA meeting held on 05/05/2022 Adv Pankaj Vernekar for the
Complainant present, Adv Akhil Parrikar appeared on behalf of the Respondent and files
wakalatnama along with the NOC Of the previous Advocate and seeks time in the matter.
The Authority taken the wakalatnama and NOC on record and directed the Adv for
Respondent to file application for time.
The Authority after hearing the Respondent granted time with condition to file
application for time and posted the matter on 26/05/2022 at 3.00pm for final arguments.
Proceeding: Adv Pankaj Vernekar for the Complainant present. Adv Rao present
for the Respondent. The Advocate for Respondent brought to the notice of the
Authority that present Member Secretary of GCZMA was the presiding officer
at North Collector and on the DLC report there bears a signature of the present
Member Secretary of this Authority hence requested that the present Member
Secretary of GCZMA cannot handle the said case and in absence of Member
Secretary the matter cannot be proceeded further. Further he submitted that the
Complainant has withdrawn the complaint before the Deputy Collector and filed
application along with application of withdrawal to withdraw the show cause notice.
The Advocate for the Complainant sought time to file reply on the application
filed by the Respondent. The Member Secretary Mr. Dasharath Redkar informed
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the Authority and Advocate for parties that he is recussing himself from the
present matter.
Decision: The Authority adjourned the matter and posted on 16/6/2022 at 3.00pm
for reply on the application filed by the Respondent for withdrawal of complaint
and for further arguments.
Case No.1.3
To decide on the Complaint from Vishal Naik with regard to illegal construction of
commercial and residential structure in survey no 264/10 of Village
SancoaleCortalimMormugao Goa carried out by Mr. Suresh Basu Naik
This office is in receipt of the DLC report stating that there is illegal construction of
commercial and residential structure within10 mts from HTL.
The matter was posted for hearing in its 281st GCZMA Meeting due to paucity of time
the matter is adjourned and posted on 13/01/2022 at3.00p.m
During 285th GCZMA meeting held on 13/01/2022 Complainant absent. Adv V Borkar
appeared for Respondent and filed his Vakalatnama. He contended that the structure was
standing prior to independence. Adv stated that it was an old structure. The GCZMA had
granted permission for repairs of the structure. Further the said house also has electricity
connection and NOC from the Village Panchayat. Adv further stated that he needs time to
go through the file and argue the matter.
The Authority considered the request and granted adjournment. The matter is posted for
arguments on the 03/02/2022 at 3.00p.m.
During 288th GCZM A meeting held on 03/02/2022 The Complainant along with his
Advocate absent, Ld. Adv for the Respondent present. The Adv for the Respondent
submitted that there is some family dispute going on between the Complainant and the
Respondent as the Complainant is the nephew of the Respondent and that is the reason
the Complainant filling frivolous complaints against the Respondent. The Adv for the
Respondent pointed that the contention of the Complainant is that the subject matter
structure falls under survey no 264/10 actually the said structure falls under 264/5.
Further the Respondent stated that, the Complainant in his compliant had stated that the
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respondent has constructed illegal construction for commercial purpose but what
commercial activities the Complainant has not mention. The Respondent stated that the
said structure is 111 sq mt and on survey plan the structure is depicting. Further he
pointed that the he has produced the hose tax receipts, then NOC from GCZMA and other
relevant documents which are on record. He further submitted that the Respondent is a
traditional fisherman and he has produced certificate from Raponkarach Ekvott. The
Respondent submitted that he has filed a detail The Authority heard the Respondent and
directed him to come clear on the existence of the structure on the survey plan and posted
the matter on 3.3.2022 at 3.pm.
During 294th GCZMA meeting held on 03/03/2022 Complainant absent, Ld. Adv for the
Respondent present. The Adv for the Respondent submitted that the structure is
temporary in nature , he further submitted that though the same is not reflected on the
survey plan but he has all the relevant documents such as electricity bill, water bills then
the Respondent has also produced a certificate from Raponkarach Ekvott which shows
that he is a traditional fisherman. The Adv for the Respondent further submitted that the
said structure falls under 264/5 and this Authority has granted the NOC for the same.
Since the Complainant is absent for past hearing matter will be heard exparte.
The Authority decided to carry inspection of the property through Engineer and Field
Surveyor attached to this Authority as to verify whether the said structure falls under
264/5 or 264/10 and is been done as per approval granted by this Authority and posted
the matter on 31.03.2022 at 3.00pm.
During 297th Meeting held on 31.3.2022 the Proceeding and decision as follows:
Complainant absent, Ld. Adv for the Respondent present. As the site inspection fixed on
01.04.2022by the Expert Member the Authority adjourned the matter.
The Authority adjourned the matter and posted on 21st April 2022 at 3.00pm for receipt
of the report.
During 300th GCZMA meeting held on 26/04/2022 Complainant absent, Ld. Adv for the
Respondent present. The Adv for the Respondent requested for the copies of site
inspection Report. Further the Adv for the Respondent submitted that only contention is
wrong survey number has been mentioned. Further the Authority directed him to produce
documents relating to the structure which is in dispute.
The Authority after hearing the Respondent adjourned and posted the matter on
05/05/2022 at 3.00pm.
During 302nd GCZMA meeting held on 05/05/2022 Complainant absent, Ld. Adv for the
Respondent present and submitted that he has asked for the copies of house tax receipts
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from Village Panchayat and details of same are awaited and requested for time to produce
the same.
The Authority after hearing the Respondent granted the Respondent last and final
opportunity to produce the relevant documents in support of his case and posted the
matter on 26.5.2022 at 3.00pm.
Proceeding: Complainant absent, Ld. Adv for the Respondent present. Adv for the
Respondent produced copy of Net License on record depicting the dimension of
the said structure. The Advocate for the Respondent further submitted that the
said structure falls under 264/5 and this Authority has granted the NOC for the
same. Further submitted that the said structure is approximately 109 sqmtr. He
further submitted that he has filed reply and written submissions which are on
record.
Decision: The Authority after the hearing the Respondent posted the matter for
orders.
Background: The Office of the Goa Coastal Zone Management Authority had received
a complaint letter dated 28/01/2022 from Mrs. Judith Rodrigues, r/o H.No.D-6; TRT
Holiday Enclave, Near Hotel Golden Tulip, MuddoWaddo, Candolim Bardez Goa; with
respect to illegal construction of multiple structures of Ground +2nos. 13/14 shops
structures; in the property bearing survey no 135/7, at Vaddy, Candolim, Bardez Goa
within CRZ III area carried out by Mr. Vernon Rodrigues, house no 483, Vaddy,
Candolim, Bardez Goa; within the CRZ Limits .
During 302nd GCZMA meeting held on 05/05/2022 Adv for Complainant present and
files wakalatnama. Respondent absent the Complainant submitted that the officials who
went to do the site inspection were denied to enter the premises. The Complainant further
submitted that the said structure is illegal and has been constructed without any
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The Authority directed the to seal the premises with disconnection of water and
electricity and posted the matter on 26.05.2022 at 3.00pm
Proceeding: Complainant present in person and files application for time. Adv
Lobo present for the Respondent. Adv for the Respondent files application for
recall of the sealing order dated 9.05.2022 and copy of same is served upon the
Complainant. He further submitted that the Respondent was suffering from
COVID and had filed reply to the notice of site inspection and same was in
warded at the office of GCZMA on 17/03/2022. Further submitted that there is
Civil Suit pending before the Court. The Respondent further submitted that the
Respondent did not receive any notice beside one notice for site inspection dated
11/03/2022 and also pointed out that no Complaint/documents have been received
by the Respondent.
Decision: The Authority directed the Respondent to collect the copies of the
complaint/documents from record file and file reply on the same. The matter is
posted on 9.06.2022 at 3.00pm.
Background: The Office of the Goa Coastal Zone Management Authority (hereinafter
referred as ‘the GCZMA’ in short)was in receipt of various complaints dated 18/05/2018,
reminder letter dated 08/08/2018, 12/06/2019 filed by Mr. Sagardeep. A. Sirsaikar
interalia alleging that there is illegal construction of hotel/shack/hut in Sy.No.216/0 of
Ashvewada, Mandrem village, Pernem Taluka by Fab Regalia Resort in violation of CRZ
Notification 2011.
The said complaints were forwarded to District Level Committee North Goa for
necessary action and report by the authority.
The Authority is in receipt of the Minutes of the Meeting drawn by the Deputy
Collector (Revenue) North Goa vide no 4-7-2018/CRZ/Misc/RB/04 dated
17/11/2020; upon receipt of the Minutes it is noted that the Deputy Collector has
recommended the removal of the structure and restoration of the land to the original
position as the structure in question is prima facie illegal and same has been
constructed without obtaining permission from the concerned Authority.
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5/5/2018 it has shown that there are 9 ground plus one structures plus one
reception/office and a pucca structure.
Upon receipt of the Complaint and the panchanama of the Village Panchayat of
Mandrem dated 5/5/2018 following violation are noticed.
The Authority noted absence of the respondent. The Authority after detailed
discussion decided to issue fresh hearing notices to both the parties and call on
28/01/2021 at 3.30pm for personal hearing before Authority.
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The Authority after hearing the Representative of the Respondent, decided that the
Respondent had failed to file the reply to the show cause notice issued to him with
regards to the violations carried out in survey No.216/0 of Village Mandrem.
Further the Respondent had admitted that the Commercial activities are being
carried out. The Respondent had sought for time to file reply in two occasions. In
view of time granted to the Respondent in two occasions, the Authority decided to
grant the time with further directions to stop all commercial activities in the
property bearing survey No.216/0 of village Mandrem until further orders. The Dy.
Collector and SDO, Pernem to ensure that no commercial activities are carried out
and if found then to go ahead to seal the premises. The matter stands adjourned on
18/02/2021 at 3.30pm.
The authority after hearing both parties decided to issue order for stop order of
commercial activity to Fab regalia and Fab Ashvem through the Deputy Collector
and SDO, Pernem. The matter is posted on 11/03/2021 at 3.30pm. The Authority
postponed the said matter to 25/03/2021. Now the Authority decided to issue fresh
hearing notices.
The Authority decided to conduct surprise site inspection through the Engineer
attached to this Authority to verify the position at loco and posted the matter on
17.03.2022 at 3.00pm for report and further decide the matter.
The Authority after hearing both the parties decided to issue sealing order and to
post the matter on 12/05/2000 at 3.00 pm.
During 303rd GCZMA meeting held on 12/05/2022 Complainant present in person.
Ld. Adv for the Respondent present and submitted that WP has been filed by the
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Respondent before the Hon’ble High Court seeking prayers to direct this
Authority to grant him permission which withheld by this Authority.
The Authority adjourned the matter and posted the matter on 26/05/2022 at
3.00pm for final arguments.
Decision: The Authority heard the Respondent and directed that the order
will be in operation till the next date of hearing and posted the matter on
16/06/2022 at 3.00pm for final arguments.
Background: The Office of the Goa Coastal Zone Management Authority (hereinafter
referred as ‘the GCZMA’ in short)was in receipt of various complaints dated 18/05/2018,
reminder letter dated 08/08/2018, 12/06/2019 filed by Mr. Sagardeep. A. Sirsaikar
interalia alleging that there is illegal construction of hotel/shack/hut in Sy.No.216/0 of
Ashvewada, Mandrem village, Pernem Taluka by 7 Ocean Resort in violation of CRZ
Notification 2011.
The said complaints were forwarded to District Level Committee North Goa for
necessary action and report by the authority.
The Authority is in receipt of the Minutes of the Meeting drawn by the Deputy Collector
(Revenue) North Goa vide no 4-7-2018/CRZ/Misc/RB/04 dated 17/11/2020; upon receipt
of the Minutes it is noted that the Deputy Collector has recommended the removal of the
structure and restoration of the land to the original position as the structure in question is
prima facie illegal and same has been constructed without obtaining permission from the
concerned Authority.
The Complainant has inwarded the panchanama of the Village Panchayat of Mandrem
wherein on the sketch prepared by the Secretary Village Panchayat dated 5/5/2018 it has
shown that there are 9 ground plus one structures plus one reception/office and a pucca
structure.
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The PWD vide Letter no PWD/SDIV/DBN-V/F-96/19-20/153 dated 16/7/2019 has
clearly stated that there is a load bearing structure used for restaurant cum DG room
having an area of 76.04m2 and height of 3.5 mts; a temporary structure of wooden
walls as reception / laundry having an area of 154m2 and height of 3.5 mts; a
Ground plus one structure of cemented sheets walls used as rooms having an area of
73.45m2 and additional floor area of 73.45m2 and height of 6.5mts from ground
level to eaves level; another Ground plus one structure of cemented sheets walls and
corrugated GI Sheets having 5 rooms and an area of 65m2 each and additional area
65m2 each and 45m2 and height of 6.5mts from ground level to eaves level.
Upon receipt of the Complaint and the panchanama of the Village Panchayat of
Mandrem dated 5/5/2018 following violation are noticed.
The Authority noted absence of the respondent. The Authority after detailed
discussion decided to issue fresh hearing notices to both the parties and call on
28/01/2021 at 3.30pm for personal hearing before Authority.
The Authority after hearing the Representative of the Respondent, decided that the
Respondent had failed to file the reply to the show cause notice issued to him with
regards to the violations carried out in survey No.216/0 of Village Mandrem.
Further the Respondent had admitted that the Commercial activities are being
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carried out. The Respondent had sought for time to file reply in two occasions. In
view of time granted to the Respondent in two occasions, the Authority decided to
grant the time with further directions to stop all commercial activities in the
property bearing survey No.216/0 of village Mandrem until further orders. The Dy.
Collector and SDO, Pernem to ensure that no commercial activities are carried out
and if found then to go ahead to seal the premises. The matter stands adjourned on
18/02/2021 at 3.30pm.
The authority noted that the reply has been filed after the issuance of stoppage order
for commercial activity. The Authority directed the Respondent to furnish the copy
of reply to the Complainant. The matter is postponed to 11/03/2021. The Authority
postponed the said matter to 25/03/2021. Now the Authority decided to issue fresh
hearing notices.
The Authority decided to conduct surprise site inspection through the Engineer
attached to this Authority to verify the position at loco and posted the matter on
17.03.2022 at 3.00pm for report and further decide the matter.
The matter was placed in the 302nd GCZMA meeting held on 05/05/2022.
The Authority after hearing both the parties decided to issue sealing order and
posted the matter on 12/05/2000 at 3.00 pm
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Respondent has no permission also the TLC report says that the Respondent has
no valid permission.
The Authority directed the Adv for the Respondent to collect the copies of the
report and file reply on the same with advance copy to the Complainant and
posted the matter on 26/05/2022 at 3.00pm for final arguments.
Decision: The Authority heard the Respondent and directed that the order
will be in operation till the next date of hearing and posted the matter on
16/06/2022 at 3.00pm for final arguments.
The said complaints were forwarded to District Level Committee North Goa for
necessary action and report by the authority.
The Authority is in receipt of the Minutes of the Meeting drawn by the Deputy
Collector (Revenue) North Goa vide no 4-7-2018/CRZ/Misc/RB/04 dated
17/11/2020; upon receipt of the Minutes it is noted that the Deputy Collector has
recommended the removal of the structure and restoration of the land to the original
position as the structure in question is prima facie illegal and same has been
constructed without obtaining permission from the concerned Authority.
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the PWD vide Letter no PWD/SDIV/DBN-V/F-96/19-20/153 dated
16/7/2019 has clearly stated that there is a load bearing structure used for restaurant
cum DG room having an area of 76.04m2 and height of 3.5 mts; a temporary
structure of wooden walls as reception / laundry having an area of 154m2 and
height of 3.5 mts; a Ground plus one structure of cemented sheets walls used as
rooms having an area of 73.45m2 and additional floor area of 73.45m2 and height
of 6.5mts from ground level to eaves level; another Ground plus one structure of
cemented sheets walls and corrugated GI Sheets having 5 rooms and an area of
65m2 each and additional area 65m2 each and 45m2 and height of 6.5mts from
ground level to eaves level.
Upon receipt of the Complaint and the panchanama of the Village Panchayat of
Mandrem dated 5/5/2018 following violation are noticed.
The Authority noted absence of the respondent. The Authority after detailed
discussion decided to issue fresh hearing notices to both the parties and call on
28/01/2021 at 3.30pm for personal hearing before Authority.
The Authority after hearing the Representative of the Respondent, decided that the
Respondent had failed to file the reply to the show cause notice issued to him with
regards to the violations carried out in survey No.216/0 of Village Mandrem.
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Further the Respondent had admitted that the Commercial activities are being
carried out. The Respondent had sought for time to file reply in two occasions. In
view of time granted to the Respondent in two occasions, the Authority decided to
grant the time with further directions to stop all commercial activities in the
property bearing survey No.216/0 of village Mandrem until further orders. The Dy.
Collector and SDO, Pernem to ensure that no commercial activities are carried out
and if found then to go ahead to seal the premises. The matter stands adjourned on
18/02/2021 at 3.30pm.
The authority after hearing both parties decided to issue order for stop order of
commercial activity to Fab regalia and Fab Ashvem through the Deputy Collector
and SDO, Pernem. The matter is posted on 11/03/2021 at 3.30pm. The Authority
postponed the said matter to 25/03/2021. Now the Authority decided to issue fresh
hearing notices.
The Authority decided to conduct surprise site inspection through the Engineer
attached to this Authority to verify the position at loco and posted the matter on
17.03.2022 at 3.00pm for report and further decide the matter.
The matter was placed in the 302nd GCZMA meeting held on 05/05/2022.
The Authority after hearing both the parties decided to issue sealing order
and posted the matter on 12/05/2000 at 3.00 pm.
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The Authority granted time to the Respondent and posted the matter on
26/05/2022 at 3.00pm for final arguments.
Decision: The Authority heard the Respondent and directed that the order
will be in operation till the next date of hearing and posted the matter on
16/06/2022 at 3.00pm for final arguments.
Authority stating interalia stating that Mr.James Fernandes and Mr.Nelvis Fernandes
have violated CRZ norms. The complaint was forwarded to District level committee
Fernandes and Mr.Nelvis Fernandes has erected seasonal restaurant ground plus 1 floor
by using metal frame and wooden materials along with kitchen within an area of 10x10
sqmts and kitchen is seems pucca construction and also erected two huts pucca base
upon close perusal of the said complaint filed by Rosita Fernandes dated
20/03/2019 and findings of the report submitted by Dy.Collector (REV), South Goa
notice dated 3009/2021 was issued. The Respondent has filed reply dated 29/10/2021 to
the said Show Cause Notice. The subject matter property was inspected by Expert
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run a business and every year he dismantles the said structure and same work is
going on. The Respondent Mr. James Fernandes further submitted that there is
family dispute going on between the Complainant and her husband who is also
party to the case and he being his brother the Complainant is harassing him by
filing such frivolous complaints.
To decide on Writ Petition filed by Darshan Pissolo Naik Goankar before the
Hon’ble High Court of Bombay at Goa with regard alleged illegal construction of
house/structure by Mrs.Manelina alias Liban alias Hevona Fernandes r/o
Igrejwada, Agonda, Canacona, Goa.
Background: A Writ Petition has been filed by one Darshan Pissolo Naik Goankar
before the Hon’ble High Court of Bombay at Goa interalia being aggrieved by inaction
Mrs.Manelina alias Liban alias Hevona Fernandes r/o Igrejwada, Agonda, Canacona,
Goa.
upon close perusal of the said petition and report of the Deputy Collector
forwarded by Additional Collector -II, South Goa, Margao-Goa vide letter dated
noticed. Accordingly a show cause notice dated 17/06/2021 was issued by the authority.
A Writ Petition bearing no.212/2021 was filed by Darshan Pissolo Naik Goankar
before the Hon’ble High Court of Bombay at Goa interalia being aggrieved by said illegal
construction. The said matter was disposed by vide order dated 19/06/2021 directing the
GCZMA to dispose off the said show cause notice at the earliest.
A show cause notice dated 17/06/2021 was issued by the authority. The said show
cause notice was duly replied by the respondent violator vide reply dated 01/07/2021.
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The matter was finally heard in the 278th GCZMA meeting held on 18/11/2021.
The matter was reserved for orders. However the Chairman of GCZMA
The matter was heard in the 294th GCZMA meeting held on 03/03/2022. In the
said meeting it was decided as follows: “The Authority heard the Respondent and granted
time and posted the matter on 24.03.2022 at 3.00pm for arguments.” The meeting
Proceeding: Adv P.Kamat present for the Complainant. Ld. Advocate for the
Respondent present. The Complainant submitted that he is the owner of the
property bearing survey no 118/8 of village Agonda Canacona Goa. He further
submitted that Respondent has built a new house in survey no 118/8 village
Agonda Canacona which was given house no 371/A in the year 2002. Further he
submitted that there is another house belonging to the Respondent which has
house no 371 which is completely different structure in a different property. The
new structure bearing house no 371/A is a subject matter of proceeding under
Suo Moto Writ Petition which is pending before the Hon’ble High Court. The
Village Panchayat had infact issued a demolition order pursuant to inquiry. The
Respondent is trying to use documents of the other house to save the new structure.
The Advocate for the Respondent submitted that there is an appeal filed against
the Panchayat order of demolition which is pending adjudication. The Respondent
asked for the copies of the site inspection report.
Decision: The Authority directed the Respondent to collect the copy of the site
inspection report and posted the matter on 23/06/2022 at 3.00pm
Mr. Pravin Ghanashyam Datta Warik, R/o House No.184/1, Patnem Colomb, Canacona
Goa, vide letter dated 27/09/2021 filed a complaint against Shri. Dharmesh Saglani r/o
H.No.850, Gokulwadi, Sanquelim Goa and Mr. Prashant Chandrakant Kankonkar R/o
Page 20 of 29
Patenem Colomb, Goa for carrying illegal construction of tents, Toilets, cottageswithin
CRZ area in the property surveyed under survey No.66/12 -A of village Patnem
Canacona Taluka.
On receipt of complaint Authority forwarded same to Chairman of District Level
committee to inspect the site and to submit the report, DLC now submitted report before
Authority after conducting site inspection.
To decide on complaint filed by Mr. Reagan Rodrigues, against Mr. Antonio Joe
Prassanha, for carrying illegal construction within CRZ area in the property
surveyed under survey No.50/1 and 50/3 of village Cavelossim of SalceteTaluka.
Background:
Decision: The Authority decided to issue fresh notice to the Complainant and
posted the matter on 9/06/2022 at 3.00pm.
Case No.1.12
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To decide On The Complaint Letter Dated 11/10/2018 From Mr. Luis Maual Luis
Regarding Illegalities Construction Of Traditional Canoe House Carried Out By
Mr.Erisso Santana Fernandes.
11/10/2018from as from Mr. Luis Manual Luis R/o H.No.695, Near Carmona Zalor,
Salcete Goa with request to take action against alleged illegalities construction of
traditional canoe house carried out by Mr. Erisso Santana Fernandes, resident of House
No. 265, batty Orlim Salcete Goa on property bearing survey No. 124/1 Varca village of
That, the office of the GCZMA has forwarded the said complaint letter dated
COMPL/18-19/46/1215 with direction to inspect the site immediately and submit the
report to Authority
Further the office of GCZMA has received the site inspection report dated
07/12/2018 from the office of the Deputy Collector & SDO Margao. That upon close
perusal of the complaint and report this Authority placed said matter before 220th meeting
of GCZMA held on 05/02/2020 the Authority decided to issue show cause notice and
issued show cause notice dated 06/07/2019 to Mr. Erisson Santana Fernandes.
Subsequently an Application bearing no. 27/2021 (WZ) filed by Luis Manuel Luis before
Hon’ble NGT (WZ), New Delhi in the same context. The said application was filed inter-
alia against failure of GCZMA in finalizing action against the illegal construction by Mr.
Erisso Santana Fernandes , in survey No.124/1 of Varca Village of Salcete taluka Goa ,
The Application bearing no. 27/2021 (WZ) filed by Luis Manuel Luis before
Hon’ble NGT (WZ), New Delhi was disposed off vide order dated 08/07/2021 before
Hon’ble NGT (WZ), with the following directions “Respondent GCZMA shall take
further action in accordance with law expeditiously and finalize the same within three (3)
months.”
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During 284th GCZMA meeting held on 06/01/2022, Ld. Adv for Complainant present,
Ld. Advocate for the Respondent also present and files Wakalatnama. Due to paucity of
During 287th GCZMA meeting held on 27/01/2022 Advocate for Complainant sought
The authority decided to keep the matter on 10/02/22 at 3.00 pm with a direction to the
Respondent to file a reply with advance copy of the reply to the Complainant.
During 290th GCZMA meeting held on 15/02/2022 Adv P.Sawant appeared on behalf of
the Complainant; Adv Somnath Karpe appeared on behalf of the Respondent. Adv for the
Complainant files Rejoinder; the same is served upon the Respondent. The Adv for the
The Authority directed both the parties to file written arguments with advance copy to
During 294th GCZMA meeting held on 03/03/2022 Adv P.Sawant appeared on behalf of
the Complainant, Adv Somnath Karpe appeared on behalf of the Respondent. Both
parties to file written arguments by exchanging the copy of the same. The Authority
During 297th GCZMA meeting held on 31/03/2022 Adv P. Sawant appeared on behalf of
the Complainant, Adv Somnath Karpe appeared on behalf of the Respondent. The Adv
for the Complainant files written arguments same is served upon the Respondent. The
Adv for the Complainant stated that the Respondent has done the serious CRZ violation
extending the structure with metal sheets and Khadappa flooring and further submitted
that the water of bore well is used for commercial purpose. The Adv for the Complainant
further submitted that she has no issue with regards to the structure but the Respondent
Page 23 of 29
The Adv for the Respondent rebutted to the arguments advance by the Complainants
Advocate and stated the Respondent has not done any new illegal construction. Further,
the Respondent stated that the show cause notice which is issued depicts the wrong
survey number that is 134/4 of village Varca whereas the Respondent has right title
interest in the property bearing survey no 124/1 and has dwelling house in the property
which is in existence prior to 1991. The Respondent further objected to the site
inspection report as the said report is merely based on the surmises and conjectures and
survey plan has nowhere taken into consideration. The Respondent has produced the
relevant documents in support of his case to prove that the said structure is in existence
prior to 1991 such as the survey plan which depicts the said structure. Further form
I&XIV is produced showing the name of Respondent. Further submitted that there is
Civil Suit pending in Margao Court bearing no 336/2013 of the same subject matter. The
Adv for the Respondent further states that upon perusal of the Complaint it clearly
reveals that Complainant was well aware of the fact that the structure is pre exiting
structure and the same is in existence prior to 1991 and the Complainant is silent as why
the Complainant dint approach any Authority from 2013 to 2018 and all of sudden the
Complainant thought of filling a Complaint against the Respondent. This is clear from the
act of the Complainant that the Complainant wants to harass the Respondent by filling the
alteration done to the structure from the year 2013 till now, there is a temporary structure
and same is used to keep canoe as the Respondent is traditional fisherman and to prove so
the Respondent has produced a certificate issued by Niz Raponkaracho Ekvott bearing
no 74 and certificate of Registry of vessel bearing no MAR -936-CF. The Adv for the
Respondent further submitted that as the issue raised by the Complainant regarding
khadappa, the Respondent undertakes to remove the same and files compliance report of
the same and regarding the 2nd issue raised of bore well the Respondent wishes to clarify
on the same.
Page 24 of 29
The Authority heard the parties at length and directed the Respondent to file compliance
report pertaining to Khaddapa and directed to clarify whether the water of bore well is
used for commercial purpose and posted the matter on 5th April 2022 at 3.00pm.
Decision: The Authority directed the Respondent to file compliance within two
weeks and an undertaking that the tube well will be sealed.
Item No.2
The Chairman asked the Legal Assistants attached to Authority to prepare the list of
all cases pending with this Authority and place the same before the Authority for
perusal.
The Authority also directed the Legal Assistant to complete the list of all the cases
pending before the Hon’ble Supreme Court, High Court and National Green Tribunal
along with the status for information and perusal of Authority within one weeks time.
Item no 2.2
The Authority was informed that it was in receipt ofpassword-protected shape filefrom
NCSCM of Draft CZMP 2011 to remove the structures shown therein as decided by
the Authority and retain onlyheritageand port related authorized structures etc.
It was further informed that the said shape file was forwarded to Mr. Ashok D’Costa,
Margao with request to remove allstructures from the maps except heritage and port
related authorized structures and submitthe same to the Authority for perusal and decision
on the same.
The Authority was of the opinion that once Mr. Ashok D’Costa sends the shape files
back, the same need to be checked before forwarding to NCSCM and hence decided
to constitute a Committee comprising of all expert members (with Mr. Savio J F Correia
being in charge)to check files sent by Mr. Ashok D’Costa. They would be assisted by
Authority engineers and field surveyors.
Page 25 of 29
It was also decided that committee be informed immediately on receipt of files from Mr.
Ashok D’Costa .
Item No 2.3
The Authority noted that office of GCZMA receives a number of complaints from the
public regarding alleged violations in CRZ areas and that there was no proper system in
place for processing and monitoring of complaints received. In order to streamline the
process it is decided that henceforth, every complaint received will be registered and
separate file will be opened with a unique case number and the same will be
processed up to Chairman GCZMA as to what action is to be initiated on the complaint
i.e. whether inspection to be carried by the Expert Members/officials of Authority or
to refer to concerned DLC depending on facts and urgency of the case, or whether to
reject in limine. A summary of all complaints received during the previous week and
action taken thereon to be placed before the Authority meeting for information.
Item No 2.4
The Authority noted that GCZMA is issuing number of permissions for erection of
temporary shacks/huts etc;however there was no proper mechanism in place to check
whether the project proponent had erected the structures as per approval granted by
this Authority.
After lengthy deliberations, it was decided that hereafter a condition will be inserted in the
Authority permissions that:(1) the project proponent will intimate the Authority upon
completion of the work along with a certificate in prescribed formatfroma TCPD registered
architect or engineer that he/she has supervised the work and that it has been constructed
or erected in accordance with plans approved by the Authority and is fit for occupation, (2)
the premises will not be occupied and/or used for commercial purposes until completion
certificate is issued by the Authority.
It was further decided that the process must be carried out in a time-bound manner. Asite
inspection shall be carried out within seven working days of receipt of completion
intimation and completion certificate or any observations, as the case may be, shall be
communicated to the project proponent within seven working days thereafter.
Item No 2.5
The Authority noted there is need to sensitize the project proponents of shacks/huts /
restaurants and cottages regarding their role in coastal ecology conservation and
NOC/Permission conditions that are required to be adhered.
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The Authority decided to be disseminate the necessary information through print media
etc. The Authority further decided to conduct programmes for the project proponents and
stakeholders to create awareness.
Item No 2.6
No Agenda item shall be placed before GCZMA without prior approval of Chairman.
Circulated among members and placed before.
Sd/- Sd/-
Member Secretary Chairman
(GCZMA) (GCZMA)
Page 27 of 29
Erection of Temporary Structures i.e Shack/Tents/Cottages/Huts etc
Village: Morjim Taluka: Pernem
Sr. Inward Name of Sy. Sub. Plot 33% Applied for Application Status Remarks
No Date the No Div area of Huts Shack Area
Applicant No. plot
area
1. 06/10/2021 Sea View 182 4A 2620.00 864.60 20 huts, 1 1 712.05 Revised plan is Deferred
Infratech Toilet, 1 submitted by the
LLP, Reception applicant as sought by
the Expert Member
GCZMA. The Authority
may deliberate and
decide.
Sr. Inward Date Name of the Sy. Sub. Plot area 33% of Applied for Application Status Remarks
No Applicant No Div plot
No. area Huts Shack Area
1. 29/10/2021 Sea View 182 4B 640.00 211.20 7- - 126.00 The applicant has Deferred
Infratch LLP Cottages/Huts submitted corrected plans
as sought by the Expert
5- Member (GCZMA)
182 4 (Part) 1344.00 443.52 Cottages/Huts 85.30
Page 28 of 29
Village: Calangute Taluka:Bardez
Sr. Inward Name of the Sy. Sub. Plot 33% of Applied for Application Status Remarks
No Date Applicant No Div area plot Huts Shack Area
No. area
1. 24/10/2019 Mr.Llyod St. 158 1 4700.00 1551.00 Cottages - 1 1516.00 The applicant has submitted an Deferred
Jude Joaquim 10 revised plan dated 08/09/2021
Fernandes and dated 23/05/2022.The
earlier permission was granted
vide this office letter
no.GCZMA/N/Shack-Hut-Cott-
Tent/19-20/08/1988 dated
24/12/2019
Sr. Inward Date Name of the Sy. No Sub. Plot area 33% of Applied for Application Status Remarks
No Applicant Div plot
Huts Shack Area
No. area
1. 03/06/2021 Mr. Shankar 216 0 3600.00 1188.00 25 huts 1 748.50 The Compliance report has been Deferred
Kumar received from The Mamlatdar
(Lamoore and Executive Magistrate/ O/o
Cottages) the Dy.collector & SDM of
Pernem . The Proposal was
placed for discussion and
decision.
Page 29 of 29