MONDAY, MAY 20, 2024
Team Herald
MARGAO: An offender in Cavelossim was fined Rs 21.5 lakh by the Goa Coastal Zone Management Authority (GCZMA) as environmental compensation for constructing illegally on the banks of River Sal.
According to GCZMA, the property may be attached if the fine is not paid. The violator’s argument that environmental compensation should only be determined for the 197 square metres in question was also rejected by the authority, since this is the area where the construction was done.
GCZMA calculated the compensation for the total property of 1,186 square metres.
“The authority in the first place has taken into consideration the total area of 1,186 sqm on account of the fact that the offender has not limited his illegal construction only to the extent of 197 sq m, but has also constructed an illegal compound wall around the property without obtaining permission from any competent authority. The compound wall was demolished and the area of illegal construction was restored upon the directions of the High Court,” said GCZMA in its order.
On that note, the Authority made it clear that this is the reason why the entire area was taken into consideration for environmental penalty.
“This formulae (for environmental compensation) was made applicable to this matter after taking into consideration that the respondent has carried out violations in the no-development area, thereby destroying the ecology and biodiversity of the area,” GCZMA added.
GCZMA had previously adopted a similar stance in a different case
It may be recalled that after GCZMA received a proposal for a restaurant’s temporary construction in April of last year, its expert members had conducted an inspection of the site at its location. The GCZMA then received a complaint in June and July 2023 about this case, where it was claimed that the said construction at Cavelossim was allegedly being done illegally.
Subsequently, this complainant approached the High Court (HC) regarding the alleged unauthorised construction that was taking place on the banks of River Sal at Cavelossim.
While the HC observed that there were several villagers who had filed complaints against the said construction, its order issued on November 8, 2023, pointed out that the project proponent had undertaken to demolish all the illegal constructions erected on site as the same was without any approval from any competent authority.
However, the HC ruled that environmental compensation should be levied on the project proponent.
As a result, in December 2023, the GCZMA conducted a site inspection where it stated that while all construction had been removed from the site, their directions have been complied with by the project proponent.
Repeat offender: Cavelossim local builds illegal structure citing damage from Cyclone Tauktae, ordered to demolish it
MARGAO: Based on a complaint it received regarding the construction of a temporary structure in the Coastal Regulation Zone (CRZ) area along the coast of Cavelossim without any CRZ-related permissions, the Goa Coastal Zone Management Authority (GCZMA) issued orders for its demolition.
Furthermore, GCZMA pointed out that the offender had informed the local panchayat that the previous structure had been destroyed by Cyclone Tauktae.
According to the complaint filed in May 2022, the violator had previously rebuilt a structure at the same place, which had been demolished in 2018 per GCZMA’s earlier order.
The complaint claimed that following that demolition, the offenders went to the local panchayat and claimed that Cyclone Tauktae was to blame for the destruction of their home.
As a result, the violators were able to build the new structure of temporary nature in place of the previous two-story bungalow.
“In the first place, the CRZ notification 2011 contemplates to provide permission for repairs and reconstruction of houses which were in existence prior to February 19,1991. In the current case, the respondent in the garb of Cyclone Tauktae has sought to erect a new construction without prior approval of the Authority,” said GCZMA.
“The respondent is at liberty to approach the Authority with clean hands if he has intention to reconstruct the demolished house as per the plinth area, which is reflecting in the survey plan. As of now, we confirm the show-cause notice and direct demolition of the offending structure,” GCZMA added.
The complainant added that costs should be placed on the offender given that this was the second offence.
“In the event the respondent fails to demolish the offending structure, appropriate steps will be taken to recover the cost of demolition as arrears of land revenue or other such coercive steps may also be taken if need be”, GCZMA’s order concluded.
