Decks cleared for razing structure within CRZ at Anjuna

PANJIM, DEC 20
The road is now clear for demolition of structures that were erected in complete violation of Coastal Regulation Zone (CRZ) notification, 1991 on Goa Tourism Development Corporation’s (GTDC) land in Anjuna while it was leased out to the former owner of a night club.
The Bombay High Court at Goa has disposed off the petition filed by the former night club owner wherein he had challenged the order given by the Goa Coastal Zone Management Authority (GCZMA) on July 21, 2008.
In its order GCZMA had directed additional collector of Mapusa to demolish   the structures after it found that the construction to the extent of more than 400 square meters was within 50 mts of the High Tide Line (HTL). 
It also clarified that the structure should be removed within 20 days from the date of the order and the cost incurred in demolition should be recovered from former owner, who was the lease holder of the subject area.
When the matter was heard by GCZMA following a complaint by one Ratul Sharma, the club owner claimed that alleged illegal structure was an authorized structure that existed prior to CRZ notification which was reflected in the survey record and plan, and no new construction was undertaken by him.
However, deputy collector and SDO, Mapusa in its report placed before GCZMA concluded that the structures in question were illegal and the club owner had not produced any documents to support his claim.
The land in question was originally bought by the Tourism department sometime in 1985/86 and was handed over to GTDC, in 2003.
The tourism department also informed GCZMA then that there was no structure when the land was bought by it and part of it — about 184 sq mts was leased out to the club owner in 1999.
During hearing, Adv B Kapdi appearing on behalf of the club owner also denied that the construction was carried by his client and it was probably carried out by the GTDC which was the owner of the land while the representatives of GTDC denied having constructed anything at the site.
Adv Shivan Desai, who represented the complainant also told GCZMA that the construction was on the government land and in any case in violation of the CRZ notification and the same ought to be demolished.
When the club owner appealed before the High Court challenging GCZMA’s order, he stuck to his earlier stand. His counsel denied that the construction was carried out by the club owner; further the lease of the petitioner has come to an end.
The Additional Government Advocate Salkar told the Court that the illegal structure will be demolished by the additional collector and the cost of demolition will not be recovered from the petitioner.
Consequently, Justice A P Lavande disposed off the petition saying nothing survives in the petition.