PANJIM: The National Green Tribunal (NGT), Western Zone Bench, Pune dismissed the application of the NGO Goa Foundation praying to demolish a concrete structure built by a hotelier at Vainguinim beach, being time-barred by three days.
The Goa Foundation had prayed for condoning delay of three days in filing of original application seeking directions to the GCZMA to demolish the concrete structure or embankment in its entirety, constructed by M/s Fomento Resorts & Hotels Ltd at the Vainguinim beach, approximately 13 to 15 metres away from the existing boundary wall from the resort.
The NGO had filed the original application on April 13, 2023 praying to demolish the “illegal concrete embankment/ structure” built by the M/s Fomento Resorts & Hotels Ltd within the no-development area of the CRZ at Vainguinim beach, Dona Paula. The applicant first filed a public interest litigation (PIL) writ petition before the High Court, who disposed it by an order dated October 7, 2022, with liberty to the petitioner to approach the NGT.
The applicant’s counsel Adv Norma Alvares, urged that as there was no specific observation as regards the limitation in respect of the period spent in prosecuting the petition. There was some difficulty faced by the petitioner before the NGT on the aspect of delay, she said giving reasons for filing the application.
Vehemently opposing the application, Adv Parag Rao, submitted that the petitioners had filed several petitions in the court wherein they had been directed to avail the remedy provided under the NGT Act. He said that the application was not bonafide and hence not maintainable. He also cited the Supreme Court decisions.
The NGT Bench comprising Justice Dinesh Kumar Singh and Expert Member Vijay Kulkarni observed that the applicant was fully aware of the alleged illegal construction having been held to be legal by the Goa Coastal Zone Management Authority (GCZMA) by an order dated October 14, 2021 and that the appeal was maintainable against that order before this Tribunal. But the appellant approached the High Court of Bombay at Goa and continued to contest there for a long time, which is now being prayed to be excluded from being counted while calculating the limitation. The same does not appear to be bonafide approach of the applicant, the NGT said, adding that applicant could have straight-away filed an appeal before it soon after the order was passed by the GCZMA, the order stated.
