THEODORE FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) In this Writ Petition (Writ Petition No.751/2008), the Petitioners pray for a writ of mandamus for cancellation and revocation of various sanctions and permissions granted in the matter of repairs, renovations and alternations carried out to a beach resort at Colva, Salcete Taluka in the State of Goa. These sanctions and permissions have been granted under various statutory instruments, including CRZ Notifications, 1991 and 2011, Goa, Daman and Diu Town and Country Planning Act, 1974 and the Rules and Regulations framed thereunder, and the Goa Panchayat Raj Act, 1994 and the Rules framed thereunder.

(2.) The Petitioners claim to be espousing public interest in seeking quashing of these permissions and sanctions. Petitioner No.2 claims to be an association of like minded citizens from South Goa, who are particularly residing in coastal areas of Colva, Sernabatim, and other places, and who have formed it, for the purpose of espousing public causes. Petitioner No.1 claims to be the Secretary of Petitioner No.2-Association.

(3.) The Petitioners have come to the Court with a case that in the property surveyed under Nos.23/13 and 23/17, there existed five cottages, one house structure, one building, one swimming pool, one open restaurant with four sit-outs. These were used as a beach resort under the name and style of Penthouse Beach Resort. The resort was lying in an abandoned condition for the last several years. In or around the first week of September 2008, the Petitioners noticed survey operations being carried out in the property. Upon inquiries made and information sought from authorities, including the Panchayat of Colva, Goa Coastal Zone Management Authority (GCZMA), and Town and Country Planning Department of the State, the Petitioners claim to have learnt that in the guise of sanctions obtained from the authorities for repairs/alternations /renovations, Respondent No.5 (who had in or about 2008 acquired rights to the property) was reconstructing or newly constructing a beach resort at site; the plans of such construction showed total deviation from the plinth of existing structures. Whereas the existing covered area of five cottages and one house was 843.76 sq. metres, the six buildings proposed in their place would have a covered area of 1324.86 sq. metres. So also, the floor area of 1822.08 sq. metres of the existing structures was being increased to 2537.22 sq. metres. It is the Petitioners' case that even the existing structures, which were purportedly being repaired/altered/renovated, were unauthorised and did not have the requisite approvals from the authorities. The Petitioners claim to have applied to the concerned statutory authorities (Respondent Nos. 2, 3 and 4) for revoking and withdrawing the permissions and since they did not receive positive response, filed the present Petition.