Team Herald
PANJIM: With the first charter flight scheduled to land just three days away and no sight of the beach shacks in view of the National Green Tribunal (NGT) order, the High Court of Bombay at Goa has given partial relief asking the government to begin the shack allotment process. The direction comes with a rider that no allotment of the shacks will be made until final orders are passed in the matter.
The High Court is hearing petitions by the State government and Goa Shack Owners Welfare Society challenging the NGT order keeping the Shack Policy 2019-22 in abeyance until finalisation and enforcement of the Coastal Zone Management Plan (CZMP).
The petitioners, during the hearing on Monday, submitted to the division bench of Justice Mahesh Sonak and Justice Nutan Sardessai that the Shack Policy was approved by GCZMA on August 24, 2019 and as such all environmental issues are suitably addressed. They also pointed out that the direction restraining the operation of shacks is without jurisdiction. The bench thereafter issued notice to GZMA seeking an explanation on the basis on which it allowed the shack policy and adjourned the matter for further hearing on October 7.
“It is further pointed out that the CZMP as already approved by the Ministry of Environment, Forest and Climate Change under the CRZ Notification, 1991, was to remain valid up to July 31, 2018 or at which time the approval is given by the Ministry of Environment under the said notification, whichever is earlier. This means that post July 31, 2018 there is really no CZMP as such in operation. Therefore, the GCZMA, to explain the basis on which it issued its approval to the Shack Policy 2019-22,” the court further said.
The petitioners also brought to the notice of the court on how the government faced several difficulties in the finalisation of CZMP and therefore, some reasonable extension was required to be granted. They also argued, in the submissions, that that the issue of finalisation of CZMP and the operation of Shack Policy have no direct link with one and another.
The bench observed that since the shack policy has been operated for all these years and cognisance of such operation has also been statutorily noticed in CRZ Notification, 2011, the State can be allowed to take steps for operation of the shack policy up to the stage of actual allotment of shacks.
“This is because we have been informed that for the shacks to operate there are several preliminary steps involved, including, but not restricted to invitation of applications and issuance of allotment orders. According to us, no point would be served in restraining such activities. However, no actual allotment of shacks or commencement of operation therein can be permitted until further orders,” it said.
