(1.) Heard Ms. Norma Alvares with Mr Om D'Costa for the Petitioner, Mr P. Arolkar, learned Additional Government Advocate for Respondent Nos. 1, 2, 5, 6 and 7, Ms Pratiksha Nagvenkar for Respondent No.3 and Mr S. S. Kantak, learned Senior Advocate with Mr Simoes Kher, Ms Neha Kholkar and Ms Saicha Desai for Respondent No.4.
(2.) The Goa Foundation instituted this Public Interest Litigation seeking, among other things quashing the order dtd. 5/2/2020 issued by the Caption of Ports (COP) renewing the validity of earlier NOC dtd. 19/10/2016 issued to Respondent No.4 to set up a floating recreational platforms/park/Mini India Park in the property surveyed under Nos.170/0 and 171/0 of village Quelossim Mormugao Goa. The Petitioner contended that the area falls within the Coastal Zone Regulation and is a no-development zone regarding the CRZ Notification. The Petitioner also questioned the order dtd. 21/1/2020 issued by the Additional Director of Panchayats (South) setting aside the Panchayat's order dtd. 16/7/2019 denying permissions to Respondent No.4, among other things, on the ground that Respondent No.4 had no clearances from Goa Coastal Zone Management Authority (GCZMA) in terms of CRZ Notification, 2011. The Petitioner also alleged that Respondent No.4, based upon permissions/NOCs from the COP, had destroyed the Khazan lands within no development zone and sought orders of restitution of these lands to their original status.
(3.) In the public interest litigation, the Petitioner sought for following substantive reliefs:-