No commercial activity, no reconstruction in NDZ-CRZ if not a traditional fisherman: NGT

MARGAO: In a major victory to environmental activists, the National Green Tribunal (NGT) has ruled that structures which have come into being within the No Development Zone (NDZ) of the Coastal Regulation Zone (CRZ) after 1991 and thus are in violation of the CRZ Notification, 2011, are not to be regularised even though it may be used for dwelling purposes. Further, NGT states that dwellings of traditional coastal communities which were protected under the CRZ Notification 2011 cannot be used for commercial purposes.

The order was passed on Friday in a matter of Prasad Naik vs Goa Coastal Zone Management Authority, where Naik had appealed against the order passed by GCZMA asking him to stop all commercial activities on his property in Penha de Franca, Bardez.

NGT stated that the CRZ Notification makes it very specific that the dwelling units of the traditional coastal communities, including fisherfolk, tribal, as were permissible under the CRZ Notification 1991, but which have not obtained formal approval from concerned authorities under the aforesaid notification shall be considered by the respective Union Territory CZMAs and the dwelling units shall be regularised subject to following the conditions namely that these are not used for any commercial activities and that these are not sold or transferred to non-traditional coastal community.

The NGT disposed the plea made by Naik and stated that the directions issued by GCZMA not to use the structures in the property for commercial activities are in accordance with the law.

The order will have repercussions on many structures which belonged to traditional fisherfolks but have been sold to shacks, hotel or real estate investors who have set up or in the process of setting up commercial activities by taking approvals for reconstruction by the GCZMA and the TCP department.