THE COMPLAINT AND THE NGT ORDER

The NGT order passed by Justice V R Kingaonkar and Dr Ajay A Deshpande of the Pune Bench of the NGT is on an application filed by Girish Gaonkar and five others from Chapora asking for the demolition of what they called an illegal construction of building, concrete wall, steps at the Vagator beach which is allegedly in violation of CRZ notification. The constructions of the walls and steps have been carried out by cutting the hill which is part of the beach and its topography, the applicants alleged. The tribunal directed the GCZMA to “take steps, remove the same without any delay, unless a satisfactory and legitimate explanation is submitted by the person concerned. The inquiry shall be done within period of two weeks, after giving notice within one week and final outcome shall be reported to this Tribunal, within three weeks.” The tribunal also threatened, “Else, we will be constrained to take appropriate penal action against the Member Secretary of the GCZMA by drawing presumption that he has certain reasons to protect the mischief mongers.”

For 25 years the GTDC sat over this land after acquiring it from a local. They have now given two leases amounting to about 53,000 square meters to two North India-based parties based on conditional NOCs of the GCZMA. GCZMA as well as Herald finds that most of these conditions have been violated in what is technically a No Development Zone. This isn’t a battle between development and environment. But one of following rules and conditions. Glenn Costa reports

The hippies left Vagator long ago, leaving a life without boundaries and rules. But the modern day flower children remain. And some of them call themselves “government”. And this is one such story of the “government”.

A case of a proposed construction of an entertainment park by the Goa Tourism Development Corporation at Vagator has put under the spotlight the inherent conflict between the greens and the pro-development lobby in the state. It has highlighted a virtual battle that is happening, albeit behind closed doors, in the government itself.

A recent prime example are the violations noticed and admitted in one of the two leased properties given out by the GTDC in Vagator. The corporation had leased out an area of around 53,000 sq mts to Superb Advertisers and Apra Motels.

Around 22,500 sq m will be leased to Apra Motels for a large beach wedding venue, two restaurants and other entertainment infrastructure. The other company, Superb Advertisers, will develop land of 30,000 sq m. It has plans to set up a few beach shacks and residential huts.

This area is on both sides of the Vagator ‘helipad’ as it is known; from where the beach is accessed. Apra Motels has constructed a pathway, put up some concrete steps (all but one have been demolished) constructed a retaining wall and put up a wooden structure by levelling rock rich on the beach front.  

However, the conflict arose even before that – at the time of giving the NOCs themselves. Within the GCZMA itself, there were objections. The independent professionals like Dr Antonio Mascarenhas, Savita Kerkar, Nitin Sawant of the Bio Diversity Board and civil engineer R Dhume had reservations. One of them told Herald “giving a go-head to this project means that it will impact all such projects in the ‘No Development Zone’”.

However, with the government pushing for development, the dominant section in the GCZMA headed by Director Tourism Nikhil Desai pushed for the project. So despite objections, after discussions and after considering the inspection report of the GCZMA, NOC for proposed development by Goa Tourism Development Corporation, subject to the following conditions was given: (a) “No shacks to be erected towards sea side on the public beach so as not to have any disturbance for beach formation”; (b) “To set up garbage / sewerage treatment plants and to ensure zero discharge of the sewerage. Also to ensure that segregation of dry and wet garbage is done with a condition that wet garbage disposal has to be managed in-house”; (c) “No disturbance and or changes to be carried out to the existing physiography of the land”; (d) “The use of the bamboo huts and or any structure shall be purely on temporary basis and the same shall be dismantled before the month of June”.

According to the greens, their fears were realized when even before phase II of the project details were given to the authorities these conditions were not complied with.

At the 95th meeting of GCZMA, case 4.7 dealt with a NOC for the proposed construction of a pathway, 2.5 meters wide and its border fencing for fishermen at Vagator, Anjuna Village, Bardez Taluka, by Department of Tourism (GCZMA/2/13-14/). After discussions, the decision of GCZMA was: “approved, subject to the condition that no disturbance is done to the surrounding vegetation”.

Similarly, at the 97th meeting of GCZMA, case 1.1 was again a NOC for proposed development in Survey No 338/1 to 7, 337/1 to 8, 335/1 to 9, 336/1, 334/1,2 & 7, 597/7, 8, 9 & 10 and part of 597/3 & 6 at Vagator in Anjuna village, Bardez taluka by Goa Tourism Development Corporation Ltd., (GCZMA/5/13-14/70). One of the members objected; however, after detailed discussions, due deliberations and on considering the report of inspection conducted by the member of the GCZMA on 13/12/2013, the GCZMA decided to grant NOC for proposed development at Vagator in Anjuna village, Bardez Taluka by GTDC, subject to the conditions detailed in the lead story of this package.

However let us briefly recall them again:

No shacks to be erected on sea side on the public beach

Garbage/sewerage treatment plants

Wet garbage disposal has to be managed in-house

No disturbance or changes to existing physiography of the land

Use of bamboo huts or any other  structure shall be temporary

This property was acquired 40 years back. It is a fully-owned government property. But it was left to rot. This government has taken the initiative to set up a parking area, landscaping and illumination of the area, which are all permissible. Also, toilets and changing rooms are being built. Everything is proper. All provisions have been complied with. The wooden structure in question will be allowed from September to May only. It will be dismantled by end of May and then re-built. The pathway has been built by GTDC after GCZMA approval. It was built for locals. We are very firm on going ahead with the project by following all laws. Also, two restaurants which are in dilapidated condition are going to be done up. By doing all this, the public exchequer will earn something and the whole place will get a facelift. Ninety percent of development is trees and lawns and the balance will constitute of temporary structures. These are things that that are being done by the private party. We will also beautify the whole place and it will be used as a wedding destination.

— Nikhil Dessai, GTDC Director 

I have filed the report before the NGT and have also explained the reason why the last step was kept. After the NGT order, the steps were demolished, but one step was retained. Otherwise, there is no way to enter the beach. Another point is the wooden structure. They have been told to remove it and they have agreed to do it by May 31. They have also been asked to give details of phase two.

— Srinet Kotwale, GCZMA 

Member Secretary 

The panchayat in its meeting has decided that it would send a notice to GTDC asking that whoever has done anything illegal on the leases, his lease should be revoked.

— Savio Almeida, 

sarpanch, Anjuna

CRZ rules: Vagator project overrules 

CRZ: No landscape changes and construction

Ground reality: Cliff and rock face mutilated and concrete pathway constructed

The land area from High Tide Line to 500 mts on the landward side along the sea front and land area between HTL and Low Tide Line is termed as the intertidal zone, as CRZ I”.

Section 3, part (xiii) states: Dressing or altering the sand dunes, hills, natural features including landscape changes for beautification, recreation and other such purpose is prohibited. Also no construction shall be permitted within NDZ except for repairs or reconstruction of existing authorized structure”.

In Annexure III that delineates guidelines for hotels, part I, para (a) clearly stipulates that “The project proponent shall not undertake any construction within 200 metres in the landward side of High Tide Line and within the area between Low Tide Line and High Tide Line”. 

However, at Vagator, Herald saw that the northern side of the site which is a steep sea cliff with its base of PreCambrian quartzites with upper part of the section (sea level upwards) is made of laterite has been tampered with. The cliff face has been cut vertically at four different levels in the form of terraces (see pic above).  These vertically cut faces have been dressed with laterite bricks. Also at the base of the cliff a narrow pathway leading to the existing ramp for canoes has now been converted into a foot path, laid with concrete and tiles. Also a structure made of wood has been permanently fixed at the base of the cliff by cutting and levelling the base of cliff. So basically the base of Vagator cliff and the rock face has been mutilated and a concrete pathway (see pic 1) constructed within HTL, a blatant violation of CRZ 2011, notification according to experts. The GCZMA has acknowledged this and issued directions. But this acknowledgement came after a complaint with the national green tribunal, which issued an order. (See box: Damages)

Cliff face cut vertically at four different levels in the form of terraces. Cut faces dressed with laterite bricks.

Narrow pathway leading to the existing ramp for canoes now converted to a foot path laid with concrete and tiles.

Wooden structure (see pic 2) permanently fixed at the base of the cliff by cutting and levelling.

Corrective action:

Steps demolished, but one still there

GTDC has promised to demolish wooden structure

N. B. The panchayat too gave permission for repair of existing structure, erection of temporary wooden shacks, chain link fencing, septic tank, paved parking and landscaping for an entertainment park. Permission was also given for setting 

up a restaurant.