Team Herald
PANJIM: The National Green Tribunal (NGT) has dismissed a petition that challenged the order to demolish a structure, which allegedly is constructed in contravention of the CRZ.
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The appellant Martinho Fernandes had argued that the structure be regularised despite the GCZMA submitting it is in violation of the CRZ notification which envisages 9 metres height and 33 per cent FAR for forest structure.
“If the interpretation of the appellant that every application for regularisation should be sent to MoEF&CC is taken to be correct, it would burden the MoEF&CC with irresponsible claims and defeat the very purpose of the S.O. which is intended to protect permissible activities. Further, the recommendation can be made only with the condition, if it is not in violation of CRZ Rules,” the Bench observed.
After arguing on merit the counsel for the appellant had submitted that one part of the structure may be referred to the GCZMA again for consideration for which counsel for the respondent that includes State government had consented to some extent. “Since we heard the application on merit and disclosed our opinion and found that the structure is illegal and without any permission by the Competent Authority, thus, we are of the view that the matter should be finally decided. The platform of the court and tribunal can never be made to litigate for a desired order or desired decision,” the NGT said adding that authorities cannot be compelled by the order of the court or tribunal to change their policy and change their orders.
Stating that the order under appeal passed by the GCZMA is within its jurisdiction, based on the evidence and it was passed after giving sufficient opportunity of hearing to the appellant; the NGT said it found no illegality or irregularity in the GCZMA order and thus, appeal is devoid on merit and liable to be dismissed with cost.
