GOA FOUNDATION Vs. PANCHAYAT OF MORJIM

JUDGEMENT

(1.) By this PIL Writ Petition, the petitioners seek an order calling for the records of the approvals granted by the Town Planning Department, Collector (North), Panchayat of Morjim and Ministry of Environment, Forests & Climate Change (for short MOEF & CC) and have prayed for quashing and setting aside those orders. The petitioners have also prayed for writ of mandamus commanding the State of Goa and Goa Coastal Zone Management Authority (GCZMA) to take steps to demolish the construction of the project of the respondent no.7 and to restore the beach to its original condition. By consent of parties, this PIL Writ Petition was heard finally. Some of the relevant facts for the purpose of deciding this PIL Writ Petition are as under :-

(2.) The petitioner no.1 is an environmental NGO based in Goa and has filed various PIL Writ Petitions in public interest for enforcement of the provisions of environment, wildlife, forest, pollution and CRZ notifications. The petitioner no.2 has also filed various proceedings from time to time in public interest.

(3.) On 19th February 1991, respondent no.3 (MOEF & CC) issued notification S.O. 114(E) under the Environment (Protection) Act, 1986 and the Environment (Protection) Rules, 1986 inter alia declaring coastal stretches as Coastal Regulation Zone (for short "CRZ") and to regulate the activities within the CRZ areas (for short "1991 CRZ Notification").