Tahir Vasanali Isani v. Goa Costal Zone Management Authority Thr. Its Member Secretary And 3 ORS

2025:BHC-GOA:829-DB Shakuntala

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 121 OF 2025 TAHIR VASANALI ISANI ... PETITIONER

VERSUS

GOA COASTAL ZONE MANAGEMENT AUTHORITY THR. ITS MEMBER SECRETARY AND 3 ORS.

... RESPONDENTS Mr. S.M. Volvoikar, Advocates for the Petitioners. Ms. Akshata Bhat, Additional Government Advocate for Respondent No. 1.

Mr. Parag Rao and Mr. Akhil Parrikar, Advocates for Respondent No. 5.

CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ.

DATED :- 29th April, 2025 P.C.

1.

The petitioner is aggrieved by erection of steel and concrete structures by respondent nos. 2 to 4 in the No Development Zone area of Calangute Beach in Survey Nos. 245/4, 245/5, 246/4 and 246/5. According to the petitioner, the said structures are environmentally hazardous and have been erected under the guise of installing temporary huts of wood and environment friendly

material.

In the wake of the activity which according to the petitioner is illegal, a complaint was addressed to the Member Secretary, Goa Coastal Zone Management Authority ('GCZMA' for short), stating that constructions are being carried out in violation of the Building Bye-laws and Building Regulations as well as the Town Planning Rules and no such activity is permitted in the No Development Zone area and therefore, an action on demolition should be taken instantly.

2.

On the previous date, we had expected the counsel for the GCZMA to make a statement before us.

Today, the learned counsel categorically states that the cognizance of complaint has been taken and a site inspection is carried out by the GCZMA.

We expect the Authority to take ahead the inspection report in the backdrop of the complaint preferred by the petitioner and, if necessary, if it is found that the construction is allegedly in violation of rules and regulations, then needless to state that the GCZMA shall take coercive action by adhering to the prescribed

procedure in law.

3.

Incase, if the GCZMA is of the opinion that the complainant deserves to be given an audience, a notice shall be issued to the petitioner.

4.

Writ petition is disposed of.

NIVEDITA P. MEHTA, J. BHARATI DANGRE, J. Signed by: SHAKUNTALA ZALMI Designation: Personal Assistant Date: 29/04/2025 19:11:03