GOA FOUNDATION Vs. GOA COASTAL ZONE MANAGEMENT AUTHORITY

JUDGEMENT

(1.) THE petition by Goa Foundation through its secretary Dr. Claude Alvares, seeks a writ in the nature of certiorari or any other appropriate writ quashing the policy approved on 10.6.2011and notified on 16.6.2011. It is also seeking a direction to the respondent NO. 1 to modify the said policy in accordance with the Coastal Regulation Zone ("CRZ" for short) Notification and the judgment of this Court in Writ Petition Nos. 422/1998 and 99/1999. The petitioner is an environmental NGO based in Goa, who has taken up issues in relation to environment. It has approached this Court and Hon'ble Supreme Court of India time and again over past two decades, in public Interest, for enforcement of the provisions of environment, wildlife, Forest Laws and the CRZ Notification. The petitioner states that the judgment dated 13.10.2006 delivered in the above Writ Petitions by this Court directed the State of Goa, amongst other things, to identify the open plots in the CRZ -III zone which are available for construction of hotels and to frame appropriate policy/regulation for utilization thereof. This was directed to be done prior to plots of land being utilized for such activities.

(2.) PURSUANT to the judgment, the Government has taken approximately four years to formulate its policy relating to location of beach resorts in the State of Goa in terms of CRZ Notification. Now, a copy of the policy has been filed in this Court on 4.7.2011. Annexure "D" to this Writ Petition is policy, whereas prior annexure "C" is order of this Court.

(3.) THIS Court's order has also protected turtle nesting designated stretches from development activities. After referring to paragraphs 12, 13, 18, 20 and 30 of the Judgment of this Court dated 13.10.2006, it is submitted that this Judgment is very clear on the aspect of location of resorts in CRZ -III. This Court has observed that the authority had violated CRZ Notification by permitting hotels to be located any where in the CRZ -III, without paying proper attention to the provisions of CRZ Notification.