LINDO FURTADO Vs. GOA COASTAL ZONE MANAGEMENT AUTHORITY

JUDGEMENT

(1.) Rule. Taken up for final hearing forthwith by consent of the parties.

(2.) The petitioner has challenged the order No. GCZMA/SAL/SENA/07/26/995 dated 31.12.2008 passed by Goa Coastal Zone Management Authority in respect of a structure standing partly on survey No. 12/6 and partly on survey No. 12/7 of village Sernabatim.

(3.) The impugned order requires the petitioner to demolish the said structure being construction in violation of CRZ Notification 1991. According to the petitioner the structure was in existence in 1985 and was constructed by one Maria Furtado on his property. As regards the existence of the structure prior to the datum lying 21.02.1991, the petitioner produced before the Goa Coastal Zone Management Authority six documents, more particularly the order of the Deputy Director, Panchayat (South), Margao bearing No. DOPS/7/97 and the affidavit of Maria Furtado as referred to in he impugned order. Perusal of the impugned order shows that Goa Coastal Zone Management Authority without making reference to these documents proceeded to pass the demolition order. Obviously the impugned order needs to be set aside and the matter needs to be remanded back to the Authority for consideration of the reply of the petitioner and the documents submitted therewith for passing a speaking order.