The tourist season in Goa is in full swing and the peak is almost nearing the end. However, till date there has been no sign of licences for the private shacks which may hit the tourism economy badly.
Legalities have delayed the issuance of permission to private shacks by the Goa Coastal Zone Management Authority (GCZMA) this season. Private shack operators say that the delay will affect their business.
They complained that even last season permissions were issued late, and some even got them in December — the peak season for tourist arrivals. Around 500-600 private shacks are erected every year besides 350 beach shacks.
Clearly, the delay is on the side of GCZMA which has hurt the livelihood of the industry.
Savio Messias, Travel and Tourism Association of Goa (TTAG) President, said two months ago a TTAG delegation had submitted a memorandum to the government urging it to issue permissions to private shacks prior or at the beginning of the season.
Delays in getting permission means losing business, he said.
Messias was of the view that there is no environment damage with private shacks.
“At least the beach shacks are right on the beach and all the waste goes into the sand, whereas, the private shacks have proper infrastructure in place and that too in their own property,” he said.
Besides, he says, the peak season in Goa is only in December and here we are still deciding on policies.
“Due to the vested interest of a few politicians and individuals everyone in the business is affected,” Messias said.
As per the National Green Tribunal (NGT) directions the GCZMA had to finalise a report on beach carrying capacity but till date it is yet to be submitted to the NGT.
Sources say that so far around four reports have been done but none has been submitted.
“Some politicians want more shacks in their constituency and for this reason the entire business is gone for a toss,” say sources.
Private shacks came under the scanner after a petition was filed before the NGT last season and the GCZMA had to do a lot of explaining over issuing permissions to private shacks. Until last season, the GCZMA did not involve itself too much with private shacks while the Tourism Department played a bigger role.
When Herald contacted GCZMA asking for delay in submission of beach carrying capacity, the officials refused to comment.
Other bodies, such as the panchayat, Electricity Department or any other department whose permission is mandatory for private shacks, are required to issue permissions only after an NOC is issued by the GCZMA.
A trader said that due to the delays in issuing permissions many have started erecting shacks lest their business is affected.
He said even five star hotels close to the coastline are set to be affected, as most have shacks in their respective properties.
A government official said that the GCZMA is not moving slowly deliberately, and that it is cautious as it might be pulled up by the NGT if it issues NOCs without inspections.
The petition
Applicant Aleixo Arnolfo Pereira filed this application challenging permissions granted by the Directorate of Tourism and GCZMA, allowing erecting temporary beach shacks and temporary huts in private properties, around villages Majorda and Utorda.
The applicant also prayed for suspension of permission granted for temporary shacks and temporary huts in the private properties, in CRZ areas, under the shack policy of State of Goa.
Briefly stated, case of Aleixo is that the “Tourism Policy for erection of temporary seasonal structures, beach shacks, huts and others 2013-2016,” in State of Goa, commonly known as ‘Shack Policy’, envisages granting of permission to the beach shacks and huts by the Tourism Department, which is in contravention to the CRZ Regulations, 2011. Aleixo submitted that CRZ Notification 2011 empowers only GCZMA to regulate permissible activities in CRZ areas.
Aleixo further alleged that under the disguise of shack policy, the Respondent No.1 had usurped powers of regulatory authorities available only under the CRZ Notification to grant permissions to the beach shacks and huts in CRZ areas.
Aleixo stated that as per Notification for constitution of GCZMA, GCZMA is required to regulate permissible activities as per approved Coastal Zone Management Plan (CZMP) by following due process, as per Rule 4.2 and after examination of the proposals recommend the proposals for approval of MoEF, as shacks/huts are not covered under the EIA Notification 2006. Aleixo further alleged that GCZMA, though responsible for enforcement of CRZ Rules and also to ensure that the coastal environment in the State is protected, has not properly examined and appraised the proposals on various grounds.
NGT opinion
The NGT was of the opinion that certain directions were required to be given to regulate such seasonal temporary structures in sustainable manner without affecting the coastal environment of Goa, on basis of the principles of Precautionary principle as mandated under Section 19 and 20 of NGT Act, 2010. The application was accordingly partly allowed with following directions:
i) The seasonal temporary structures, as permitted under the CRZ Notification, shall be regulated by GCZMA by granting necessary permissions, subject to compliance of the guidelines formulated by GCZMA and other provisions of CRZ Notification.
ii) GCZMA shall put all the permissions granted to the shacks and other temporary structures on its website immediately within two days from the date of issuance of permission for public information. The guidelines developed by GCZMA shall also be put on the website for public information along with all relevant material.
iii) GCZMA shall immediately carry out a rapid survey to tentatively identify the sand dunes present in the villages with CRZ-I areas in the coastal areas of Goa and locate them on map, within a period of four weeks and shall not issue any permission in such areas until detail survey, conducted by NIO, is completed.
iv) The shacks, which have been constructed in current season, shall apply to GCZMA for CRZ clearance in next two weeks and the Authority shall examine such applications within further next two weeks, for grant/refusal of such permissions. In case, the shacks providers do not apply for GCZMA permission in two weeks, the Respondent No.1, shall revoke their permission and GCZMA shall issue necessary directions for dismantling of the shacks. GCZMA and Respondent-1 shall immediately give public notice clearly mentioning the directions of Tribunal in this regard.
v) GCZMA, shall carry out study to assess the carrying capacity of different beaches in State of Goa, for providing such shacks and other temporary structures, in environmentally sustainable manner to protect the coastal environment, based on the ‘precautionary principle’ in next six months and based on findings of this study, the permissions for the year 2015-2016, only shall be granted.
vi) MoEF shall cause inspection of compliance of these directions in first week of February and submit a detailed report before the scheduled date.
