RAUL PO Vs. GOA COASTAL ZONE MANAGEMENT AUTHORITY

JUDGEMENT

(1.) HEARD Shri J. Godinho, learned Counsel appearing for the petitioners and Shri S. Narvekar, learned Additional Government Advocate appearing for the respondent.

(2.) THE above petition challenges an order passed by the respondent dated 17.05.2005 whereby the petitioners have been inter alia directed to demolish the disputed structure without any further notice. There are further directions issued by the respondent to forthwith disconnect the electricity and water supply to the said structure.

(3.) ON the other hand, Shri S. Narvekar, learned Additional Government Advocate appearing for the respondent has pointed out that it is not possible to ascertain whether the disputed structure is on the land ward side of the existing road. The learned Additional Government Advocate further points out that such road, if any, is public authorized road and unless and until the petitioners establish the said aspect, the question of giving any such protection to the petitioners would not arise. The learned Counsel further points out that this aspect was not raised before the respondent, and as such was not in a position to consider the said aspect. The learned Counsel however does not dispute that in case any construction is located towards the land ward side of the existing authorised road, such construction would be protected provided that the requirements as contemplated under the CRZ Notification are satisfied. The learned Counsel further points out that as the petitioners did not raise such contention, it is not open to the petitioners to raise such contention before this Court at this stage.