Ensure shacks are not sublet by allottees: HC to Tourism Dept

PANJIM: The High Court of Bombay at Goa in its general directions has asked the Department of Tourism to issue provisional licences to beach shacks at least a month or two before the tourist season commences every year and to ensure that the shacks are not sublet by the allottees.

While disposing a public interest litigation (PIL) writ petition, the Court has issued as many as seven directions to all the respondents i.e. tourism, Goa Coastal Zone Management Authority (GCZMA), Goa State Pollution Control Board (GSPCB),  Water Resources Department, Calangute Panchayat and the Shack Owners Welfare Society, Goa and have asked them to comply with the directions in letter and spirit. 

The Division Bench comprising Justice Mahesh S Sonak and Justice B P Deshpande stated that allotting shacks in before the commencement of tourist season will help the shack allottees to apply for permissions from GSPCB, village panchayat, etc, well in advance. 

The Director of Tourism must also not delay inspections after the shack allottees report compliances. A checklist must be maintained, and this must also be shared with the shack allottees so that they can report compliances expeditiously

Asking the Director of Tourism also consider the plight of the shack allottees, the Court said that the department must consider making allotments and issuing provisional licences at least a month or two before the tourist season commences each year. This will help the shack allottees to apply for permissions from GSPCB, Panchayat, etc, well in advance. The Director of Tourism must also not delay inspections after the shack allottees report compliances. A checklist must be maintained, and this must also be shared with the shack allottees so that they can report compliances expeditiously. 

The concerns of the shack allottees or the Shack Owners Welfare Society of Goa or any other representative bodies representing the shack owners must be addressed while formulating and implementing the shack policy. This does not mean that all their suggestions must necessarily be accepted but necessary consideration should be shown to their concerns because they are one of the main stakeholders of the policy. 

The shack policy must be consistent with the law and not derogate from the law. Such policies are executive and cannot conflict with the legal provisions, the court said. 

Referring to the complaint of amicus curie Adv Rohit Bras De Sa that several shack allottees assign their licence or privilege to other parties for a premium, the Court asked the Director of Tourism to ensure that its condition against assigning is implemented in letter and spirit. The privilege of putting up a shack and conducting business from that place is for the benefit of the shack allottees selected through a process. 

There are prescribed eligibility conditions and if an eligible allottee assigns this privilege to an ineligible party, that would amount to defrauding the selection process. This privilege cannot be assigned to parties ineligible to secure allotments in the first place. Therefore, the Department of Tourism must maintain a direct vigil, and immediate action should be taken in case of such an assignment. 

After allotment is secured, the allottee cannot assign the allotment (for a huge premium) to someone who did not or could not participate in the allotment process. That would amount to playing fraud on the entire process. 

The Court further made it clear that this allotment is only a temporary licence and that it is not transferable. The shack allottees are mere licencees and cannot claim other rights on beaches. 

Also no structures can be put up in the NDZ under the CRZ Notification. But after the State held out that the locals had been undertaking this activity over a period, and some provision for their employment had to be made, an exception was carved out.

Pointing to the borewells on beaches, the court has prohibited sinking of bore wells on coastal stretches/ beaches in NDZ and other areas under CRZ Notification and scheduled areas under the Groundwater Act. 

Also installing septic tanks, soak pits, and garbage pits on coastal stretches/beaches in NDZ and other areas under CRZ Notification and scheduled areas under the Ground Water Act is prohibited.

The Ground Water Officers and the GCZMA must ensure that no bore wells are sunk, or groundwater is extracted from such areas in the State. The directions for survey, inspection, sealing, dismantling and prosecution have been mentioned in the order. 

The respondents have been directed to prevent or remove installation of borewells immediately. 

The Director of Tourism must ensure compliances, the Court said.