SHRI VIKAS BHAGAT, RESIDENT OF PALOLEM, CANACONA-GOA Vs. GOA COASTAL ZONE MANAGEMENT AUTHORITY, HAVING OFFICE AT SALIGAO, BARDEZ-GOA AND ORS.

JUDGEMENT

(1.) THE above Writ Petition is filed essentially on the ground that on Palolem beach of Canacona Taluka there has been rampant violation of the CRZ notification and that the shacks have been erected right in the sea water. It is further the case of the petitioner that Palolem beach is a small beach, which is occupied by more than eight shacks and the number of shacks which have come up on the said beach have made it impossible for the common people to go to the beach. It is further his case that the shacks have occupied the entire beach and the shack owners have placed excess number of deck beds on the beach. It is further the case of the petitioner that he has learnt that liquor and alcohol is being sold on the said beach without permission from the Excise Department and that they have illegally erected Tandoor Bhattis right on the beach. It is further his case that the above activities are totally illegal and that there is complete commercialisation of Palolem beach and that the beach is a public property and that the respondents are holding the said property in trust for the benefit of the public and that the activities carried out at the said beach are not permissible under the CRZ notification. For such reasons, the petitioner has prayed for a writ of mandamus or any other appropriate writ directing the respondents to remove all the shacks from Palolem beach. By an order passed by this Court on 19/04/2010, it was stated therein that although the tourist season may be coming to an end considering the facts of the case, it is necessary to monitor the situation specially in view of the fact that the activities have been going on every time which, prima facie, appears that there is no access to the beach whatsoever in view of the impugned erection of the shacks. As such, the petition was fixed on 6/09/2010.

(2.) ON 4/10/2010, this Court after perusing the affidavit dated 30/09/2010 of the Member Secretary of the Goa Coastal Zone Management Authority (GCZMA) and considering that the said GCZMA and the department of Tourism would carry out joint inspection during the last week of October, 2010 at Palolem beach, to study the conditions of the beach and ascertain whether there is sufficient space available on the beach to erect eight shacks and considering that as per the photographs the shacks were located at the High Tide Level, where the water touches the bottom of the shacks, passed an order that no permissions shall be granted to erect the shacks up till such inspection is carried out till 15/11/2010. The report of joint inspection was directed to be filed on or before the said date.

(3.) IN affidavit -in -rejoinder filed by the petitioner, it was contended that as per the said report it is proposed to permit the setting up of beach shack on the seaward side of the High Tide Line and between the Low Tide Line and High Tide Line, which is impossible. It was further stated that the opinion expressed in the report dated 8/11/2010 is under pressure of the beach shack lobby. It was further stated that the Department of Tourism almost never monitors the structure after the permission to erect the shacks are granted. Thereafter, another affidavit came to be filed dated 15/12/2010 to place on record the sketch indicating the location of the space available for putting up eight shacks at Palolem beach. The Member Secretary has further stated that the distance of 45 metres mentioned in earlier affidavit is at the location of the shacks nos.1 to 5 and again near the location of shack no.8. Thereafter, a rejoinder was filed by the petitioner wherein a dispute was raised about the existence of the said distance of 45 metres as contended by the Member Secretary of the GCZMA. It was further stated that in the area lying between the High Tide Line and the Low Tide Line the respondent no.1 cannot grant permission for the erection of shacks. Photographs were also attached to the said affidavit. Thereafter, an affidavit came to be filed dated 20/12/2010 by the Member Secretary Shri Michael M. D'Souza, who has stated that the shacks are permitted to be erected on various identified beaches of Goa for the last nearly 15 years pursuant to the directions of the High Court in Suo Motu Writ Petition No.2/2006 and that the Government has framed a policy for allotment of shacks on the beach stretches for the year 2006 -2007 and since that year shacks are being allotted pursuant to a policy framed for a particular year. It was further stated that at the time of determining the number of shacks and their location, the location of the Low Tide Line and High Tide Line is not taken into consideration, because the shacks are erected during the fair weather season.