HOTEL SILVER SANDS Vs. STATE OF GOA

JUDGEMENT

(1.) The petitioner has approached this Court challenging an order dtd. 25/10/2021, passed by the respondent no. 2-Goa Coastal Zone Management Authority (GCZMA), whereby the GCZMA has reiterated its earlier directions to the petitioner to demolish all the structures in the property located in Colva village at Salcete, Goa. According to the petitioner, the impugned order, passed by the GCZMA, was passed on a review of its own earlier order, passed in review jurisdiction, which was impermissible, and on this sole ground, the impugned order deserves to be set aside.

(2.) The facts leading up to the filing of this Writ Petition are that, this Court in a Public Interest Litigation issued directions to Authorities, including the GCZMA, to take action against illegal constructions in the State of Goa. In pursuance of the same, the GCZMA caused inquiry to be conducted. On the basis of the material collected, the GCZMA issued notices for personal hearing to various parties, including the petitioner herein. The petitioner was heard on the allegations of construction of illegal structures in the aforesaid village in the 187th meeting of the GCZMA, held on 30/10/2018. The petitioner was present alongwith its Advocate. The GCZMA found that the petitioner had failed to place on record approvals for the structures in question and upon taking into consideration survey plans and documents on record, as well as mapping carried out by the office of the Survey Records, it resolved that the petitioner had failed to justify the existence of the said structures in Colva village and further resolved to pass demolition order against all the aforesaid structures of the petitioner in Colva village.

(3.) In pursuance of the same, on 5/12/2018, the GCZMA issued a direction under Sec. 5 of the Environment (Protection) Act, 1986, read with the Rules framed thereunder, directing demolition of the aforesaid structures at the expense of the petitioner and for submission of compliance report.