GOA FOUNDATION Vs. TOWN AND COUNTRY PLANNING DEPARTMENT

JUDGEMENT

(1.) In 2007, the petitioners filed WP No.403 of 2007 with the principal allegation that the 8th respondent had constructed a hotel in the Coastal Regulation Zone (CRZ). The petitioners later noticed that the 8th respondent had not secured any approval from the Ministry of Environment and Forests (MEF); thus, the construction was in 'No Development Zone'. Besides, the 8th eight respondent is said to have started a wholly new project based on the revised plans. That prompted the petitioners to file another writ petition: WP No.659 of 2010. They wanted the Court to quash all permissions the civic authorities had granted to the 8th respondent and, consequently, order demolition of the hotel, too.

(2.) A Division Bench of this Court, through its Judgment, dated 26 February 2014, rendered a split verdict. One learned Judge declared the construction illegal and ordered demolition; the other learned Judge directed Goa Coastal Zone Management Authority (GCZMA), Town and Country Planning, and Village Panchayat authorities to "consider the legality of the construction put up by the private respondents in the said area between 50 to 100 meters from the High Tide Line in the light of observations made herein above in accordance with law".

(3.) On reference, through judgment, dated 20 January 2015, a third learned Judge endorsed the latter view: the GCZMA, Town and Country Planning, and Village Panchayat authorities must consider the legality of the construction put up by the private respondents. The Deliberations: