There is uncertainty over the order issued by Department of Environment, constituting District Level Committees to dispose cases regarding Coastal Regulation Zone (CRZ) violations as an activist has claimed that the department cannot further delegate powers conferred by the Ministry of Environment and Forest (MoEF) to any other agency.
Kashinath Shetye said he will be moving the National Green Tribunal (NGT) to quash the order as it has no legal sanctity.
According to order of Environment Department the District Committees were formed according to Para 6 (c) of the CRZ notification 2011. Shetye says that as per Para 6 (c) the department has power to constitute the committees but only to assist as mentioned in the clause and not to issue directions. The power vested in the GCZMA delegated by MoEF cannot be further delegated.
Para 6 (c) of CRZ notification of 2011 states, “The State government or the Union Territory CZMAs shall primarily be responsible for enforcing and monitoring of this notification and to assist in this task, the State government and the Union Territory shall constitute district level committee under the chairmanship of the District Magistrate concerned containing at least three representatives of local traditional coastal communities from fisherfolk.”
In its order, the Environment Department has conferred powers to inquire into cases of alleged violation and issue directions.
“Inquiry into cases of alleged violation of the provisions of the said Acts or the rules made thereunder or any other law which is relatable to the objects of the said Act and, if found necessary in specific cases, issuing directions under section 5 of the said Act, insofar as such directions are not inconsistent with any direction issued in that specific case the Goa Coastal Zone Management Authority or by the Central Government,” the operative part of the order states in relation to the functions of the District Committee.
Shetye said that the powers of issuing permissions in CRZ are with GCZMA while the inquiry and issue directions in the violations are given to District Committees.
“I will file a petition before NGT demanding quashing of this order because this order is nothing but to give backdoor entry to regularise the illegal structure,” he said.
Shetye explained that any order issued by the District Committee can be challenged before NGT and in the absence of legal sanctity to the order the NGT will quash the order, hence illegal structure in CRZ will become legal.
When contacted for his comment Chief Minister Manohar Parrikar said he has not stopped anyone from going to NGT.
“We have made these committees to handle minor cases and if someone has a problem or finds something wrong let them go to the court I have not stopped them,” Parrikar told Herald in a telephonic conversation.
Over 600 cases of CRZ violations are pending for the last five years before GCZMA. Though the Chief Minister has said that the District Committees will only deal with cases of minor violations that is not reflected in the Environment Department order.
