Team Herald
PANJIM: In a major setback to Hotel Marriott, the High Court of Bombay at Goa has for the second time quashed and set aside the compliance report of Goa Coastal Zone Management Authority (GCZMA) with regards to identifying the imaginary line parallel to the High Tide Line (HTL), drawn from the existing lighthouse across the hotel.
The Division Bench comprising Justice Prithviraj Chauhan and Justice N M Jamdar pointed out that the report was an “attempt to create an artificial situation to introduce a convoluted method to suit one particular establishment,” and has barred GCZMA from conducting any further study with regard to the HTL and simultaneously illegal beach encroachments. It has asked the authorities to approach National Centre for Sustainable Coastal Management, Chennai, to draft a fresh report.
The HC has also directed the government authorities to take necessary steps to ensure that the beach is made accessible to the general public.
The High Court had in June, 2016 rejected the first report of the GCZMA and ordered to draft a new report within three months.
“The impugned decision of the GCZMA in the meeting dated August 1, 2017 accepting the second report and the second report filed by the GCZMA are quashed and set aside,” the HC said in its judgment passed on Thursday.
“The Authorities shall, within three weeks from today, approach the National Centre for Sustainable Coastal Management, Chennai in respect of its order dated 29 June 2015 in Writ Petition No. 333 of 1993,” it added.
The HC also has requested NCSCM to submit an estimate of costs to the authorities within a period of three weeks from the date of receipt of the proposal from the authorities while also stating that after the estimate of costs is received from NCSCM, the authorities will forthwith call upon the hotel to make payment of costs estimated directly to NCSCM, within a period of three weeks.
“GCZMA observed that there is no authentic record of the High Tide Line of the year 1991. It marked the High Tide Line for the year 1991 assuming that there has been continuous erosion on a yearly basis from 1973 to 2017. It calculated the average shift in the High Tide Line in last 43 years. It then calculated the cumulative shift in the High Tide Line 1973 to 1991 i.e for a period of 18 years. It was concluded that no construction of the hotel is towards the riverside of the imaginary line. It was thus concluded that no action needs to be taken in respect of the hotel,” the court said pointing to GCZMA report.
While submitting the second report, the State again introduced a concept of interpolated High Water Line which is entirely outside the definition of the High Tide Line, the Court observed.
This conclusion according to the petitioner Goa Foundation is complete eyewash.
“As far as the Hotel is concerned, the High Tide Line drawn is on an entirely different parameter than the rest of the State. It is nowhere in the directions of the Division Bench to undertake an exercise of this nature. The Division Bench had directed not once, but twice, to identify the High Tide Line as per the definition of the ‘High Tide Line’ and as per the Coastal Regulation Zone Notification,” the Court observed.
“The same conduct and intent constituting legal malice has continued by the GCZMA. It was expected that at least after the Division Bench made the observations, the respondents-Authorities would act within the bounds of the law and to carry out the exercise as directed. The manner in which the two reports are prepared clearly indicates that the Authorities have made up their mind not to draw the correct High Tide Line as existed in the year 1991 within the parameters of the Coastal Regulation Zone Notification,” it added.
“Thus it is clear that deliberately a situation of absence of data of 1991 is being created to avoid drawing the High Tide Line. This is not a genuine case of missing data. It is an attempt to create an artificial situation to introduce a convoluted method to suit one particular establishment,” the Court stated.
In 1993, Goa Foundation filed a writ petition that the hotel had breached the Coastal Regulation Zone restrictions. The Division Bench disposed of the Petition on 29 June, 2015 and directed the authorities to draw a line parallel to the High Tide Line from the Light House, a structure nearby.
The authorities were to determine whether any construction of the hotel falls towards the river side of this line. After that to take necessary action against the Hotel.
