Team Herald
PANJIM: The High Court of Bombay at Goa on Tuesday directed the closure of 161 shacks in the Calangute-Candolim beach stretches for allegedly operating without ‘consent to operate’ from the Goa State Pollution Control Board (GSPCB).
The court has directed the North Goa Collector to ensure that the closure notices are duly implemented without any delay and if required to seek the assistance of the police.
The Division bench comprising Justice Mahesh S Sonak and Justice Valmiko S A Menezes gave the directions after the GSPCB filed a revised affidavit stating that only six shacks on Calangute and Candolim beaches had obtained valid consent to operate as required under the Water (Prevention and Control of Pollution Act, 1974 and Air (Prevention and Control of Pollution Act, 1981 and the Board is in the process of issuing directions to close these shacks. On Monday, the GSPCB had told the Court that of the 167 shacks erected at Calangute and Candolim beaches, only nine shacks had valid consent to operate orders while, 100 shack operators had applied for consent to operate after the Board issued show cause notices to them.
The Court further directed the Department of Tourism to immediately conduct a survey and find out whether all 161 shack allottees on the Calangute-Candolim beach stretches has obtained all the requisite NOCs including any particular NOC/approval from the Goa State Pollution Control Board (GSPCB), Goa Coastal Zone Management Authority (GCZMA) and the Public Health Act even as the Court shuddered to imagine the position on the other beach stretches across the State.
While, hearing a public interest litigation (PIL) writ petition filed by Reuben Franco through his lawyer Adv Rohit Bras De Sa, the Court stated that though it is focussing on the Calangute-Candolim beach stretch, it expected the authorities also to examine the position of shacks erected on the other beach stretches across the State. The authorities should ensure that environmental legislations are implemented and that they cannot abdicate their responsibilities and allow rampant degradation of eco-sensitive coastal stretches, the Court said.
The Court further said that once the consents to operate to those who applied, the shack operations can resume subject to the allottees having all other permissions in place. The tourism director must verify this position and issue permission to operate. The Court observed that the Department of Tourism had failed to implement the terms and conditions subject to which it had issued such licences. The Department, it appears, permitted shack operations without verifying the status of all required NOCs from the GSPCB, GCZMA and under the Goa Public Health Act, which are vital because all such NOCs directly concern the environment.
The Court has asked both – the North Goa Collector and the GSPCB – to file a necessary compliance report and has posted the matter for further consideration on April 5.
