PANJIM: The High Court of Bombay at Goa on Thursday asked the Department of Tourism to take immediate steps to remove the encroachment from the public beach at Vagator and to restore the land to its original position. The Court said that the encroached portion be not used for any commercial activity till it is razed.
The High Court took two writ petitions for consideration and passed a common order disposing them. In one writ petition, Nilesh Phadte of Chapora had prayed that the Department of Tourism be directed to demolish the encroached structure put up by Antonio D’Souza of Ozran-Vagator by encroaching 476 square metres land on the beach belonging to the Department of Tourism.
In his writ petition, Antonio D’Souza challenged the notice dated October 27, 2023 issued by the Director of Tourism directing him to demolish the structures put up by encroaching upon the government property and to restore the land to original position
Arguing on behalf of D’Souza, senior advocate S S Kantak submitted that the constructions put up by the petitioner were entirely within their property surveyed under number 213/5 of village Anjuna, and that no part of the structure encroached on the public beach or the government property. He said that no survey was conducted by the officials from Directorate of Settlement and Land Records.
AG Devidas Pangam said that pursuant to Court directions, a detailed survey was carried out and found that there were several encroachments on the public beach belonging to the Department of Tourism. Accordingly, notices were issued to several encroachers, and demolition/action of removal of encroachment was carried out. The impugned notice dated Oct 27, 2023 was one such notice issued to D’Souza to remove the encroachment on the public beach and produced photographs showing encroachment right on the public beach almost touches the sea and the rocks on the beach. He said that DSLR officials conducted inspection and survey on Dec 8.
