PANJIM: The Supreme Court on Monday set aside a Bombay High Court order that had ordered the demolition of all hotels, resorts and bungalows within 500 metres of the high tide line on the Goan coast prior to the 1991 notification.
This order is related to structures constructed prior to 1991.
In 1991, the government had issued a notification banning construction within 500 metres, but allowed construction, albeit under certain conditions for construction activity between 200 to 500 metres.
After a PIL was filed by NGO Goa Foundation, the High Court (on July 13, 2000) had directed that these structures be demolished.
“The orders impugned in the writ petitions filed by the appellants cannot be sustained. Consequently, the said orders as well as each of the orders dated 13th July, 2000 passed by the High Court of Bombay will have to be set aside which we hereby do while allowing the appeals,” the Apex Court ruled.
According to the Supreme Court, the constructions were per se not illegal as they had all permissions and licences and were built when construction was prohibited between 90-200 mts. But the State and the NGO wanted these to be demolished to protect beaches arguing that as these were against existing environmental guidelines in force in the State.
The new norms are as per Coastal Regulation Zone (CRZ), which came into effect on February 19, 1991.
“What has been alleged by the State and has been approved by the High Court is that such constructions are in derogation of the environmental guidelines in force warranting demolition of the same as a step to safeguard the environment of the beaches in Goa,” the order says, adding, “Specifically, it is the case of the State that the constructions in question are between 90 to 200 meters from the High Tide Line (HTL) despite the fact that under the guidelines in force, which partake the character of law, constructions within 500 meters of the HTL are prohibited except in rare situations where construction activity between 200 to 500 meters from the HTL are permitted, subject to observance of strict conditions.” And “Admittedly, all constructions, though completed on different dates and in different phases, were so completed before the Coastal Regulation Zone (CRZ) were enacted (wef 19th February, 1991) in exercise of the powers under the Environment Protection Act, 1986.”
