PANJIM: The High Court of Bombay at Goa has pulled up the State government for failing to comply with its judgement related to Palm Hotel India Ltd (builders of hotel now managed by Goa Marriott Resort) wherein it had directed that steps be initiated to remove all structures falling within an imaginary line parallel to the HTL, drawn from the existing light house across the resort plot.
In fresh directions, the High Court on October 24 asked Goa Coastal Zone Management Authority to demarcate the HTL and initiate necessary action in three months. The Court observed that the HTL demarcation was done by the seven-member committee, keeping aside the GCZMA as directed by the Court. The petitioner, Goa Foundation, brought to the notice of the Court the violations of its judgment dated June 29, 2015.
“In such circumstances, we are not inclined to accept the report filed by the respondents which is stated to be in compliance with the directions issued by this Court in the said judgment as the directions issued are not in conformity of our judgment,” Justice Nutan Sardessai and Justice FM Reis said in the order.
“As such, we direct the GCZMA duly constituted under the Environment Protect Act, to comply with the directions issued by this Court in the said Judgment dated 29/06/2015 in Writ Petition No. 333/1993. Needless to say, the HTL would have to be identified in accordance with the Environment Protection Act, 1986 and the CRZ Notification of 1991, within three months,” it added.
The Court pointed out that it has not conclusively examined the correctness of the report though, on bare perusal of the report, the exercise has been carried out on the basis of the High Water Line, which was not the directions issued in the Judgment. Goa Foundation and one George Rebello of Miramar, had approached the Court in 1993 alleging that Palms Hotels’ construction violated the CRZ Notification of 1991 and as such, the project was within a distance of 100 metres from the river bank.
In a statement, GF pointed out that in order to execute the Court directions, the Chief Secretary called a meeting on September 14, 2015 and laid down a scheme for actions to be carried out under his supervision. “However, GCZMA member secretary Srinet Kothwale, put up a file to bring in Dr Joseph Rauto de Souza to be appointed as ‘Chief Scientist’ to the GCZMA. Dr Rauto was taken on site inspection to demarcate the HTL, bypassing the existing technical members of the GCZMA,” GF director Dr Claude Alvares said.
“Dr Rauto came to the conclusion that the HTL of the Marriott was squarely within the river itself and not on the land. Ignored the HTL provided in the CRZ Notification. Fabricated a report to completely undermine the High Court’s directions and support the Marriott. The report was submitted in the High Court as compliance, without going back to the Chief Secretary,” he alleged.
