The National Green Tribunal (NGT) has granted relief to traditional fisherfolk in Nerul by setting aside a demolition order issued by the Goa Coastal Zone Management Authority (GCZMA) against their temporary sheds.
In its recent ruling, the Tribunal held that the structures built by the fisherfolk for storing fishing gear fell within the scope of permissible activities under the Coastal Regulation Zone (CRZ) notification. It observed that such constructions should not be considered prohibited under existing coastal regulations.
The appeal was filed by Rama Ladu Govekar and others, who argued that the sheds were located within the No Development Zone (NDZ), but still qualified for exemption under provisions for traditional coastal communities. They referred to Clause 8 (III) CRZ-III (A)(ii) of the 2011 CRZ Notification, which allows for construction or reconstruction of dwelling units for traditional coastal communities, including fisherfolk, between 100 and 200 metres from the High Tide Line (HTL), subject to a comprehensive plan approved by the Union Environment Ministry.
The clause specifies that the plan must be prepared by the State Government or Union Territory in consultation with the traditional communities, and must incorporate provisions for disaster management and sanitation, before being recommended by the State CZMA to the National CZMA and approved by the Ministry of Environment and Forests.
The NGT bench comprising Justice Dinesh Kumar Singh and expert member Dr Vijay Kulkarni found merit in the appellants’ argument and directed that the matter be reconsidered by the GCZMA after giving all parties a hearing. “We allow the present appeal and set aside the order dated April 8, 2024… and remand the matter to GCZMA for fresh decision after providing an opportunity of hearing,” the bench stated.
The GCZMA, however, had maintained that the sheds were unauthorised, claiming that the building materials used were not permissible in the NDZ. But when asked to identify the legal provision that barred the use of such materials, GCZMA’s counsel was unable to cite any specific clause, a gap noted by the Tribunal in its ruling.
The verdict has been welcomed by the fishing community, who view the sheds as essential for preserving their traditional livelihoods.