Judith Rodrigues @ Judith Mabel De Souza E Rodrigues Rep By Poa Mr. Eusebio Anand Fernandes And ANR v. The Goa Coastal Zone Management Authority Thr Its Member Secretary And ANR

2025:BHC-GOA:2349-DB WP 444 of 2025 Esha

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.444 OF 2025 JUDITH RODRIGUES @ JUDITH MABEL DE SOUZA E RODRIGUES REP BY POA MR.

EUSEBIO ANAND FERNANDES AND ANR ... PETITIONERS

Versus

THE GOA COASTAL ZONE MANAGEMENT AUTHORITY THR ITS MEMBER SECRETARY AND ANR ... RESPONDENTS Ms. Fawia Menezes Mesquita, Advocate for the Petitioners. Ms. Maria Simone Correia, Additional Government Advocate for the Respondents.

CORAM:- SARANG V. KOTWAL & ASHISH S. CHAVAN, JJ.

DATED :- 1st December, 2025 P.C:

This is a Petition for direction to declare the action of Respondent No. 1-Goa Coastal Zone Management Authority (GCZMA) in issuing the impugned decision communicated to the Petitioners vide letter dated 16.06.2025, as illegal.

2. We have heard the learned Counsel for the Petitioners and the learned Additional Government Advocate for both the Respondents.

3. The decision which is conveyed to the Petitioners vide the 1st December, 2025

WP 444 of 2025 communication dated 16.06.2025 is a one line cryptic intimation, which reads as follows:- "The Authority after detailed discussion decided to reject the proposal as the plot area is less than 4000.00 sqmtrs." No such requirement was pointed out to us by the learned Additional Government Advocate under the Coastal Zone Regulations (CRZ Notification, 2011). Therefore, it is quite clear that the decision is not based on any Rules or Regulations. To that extent, the Petition will have to be allowed. Respondent No. 1 is required to consider the Petitioners' proposal for the construction of the house, leaving aside the reason that the plot area is less than 4,000 square metres. Hence, the following order:- O R D E R (a) The impugned communication dated 16.06.2025 addressed to the Petitioners by the Member Secretary (GCZMA), is set aside.

(b) Respondent No. 1 shall consider the Petitioners' proposal for construction of the house in property bearing Survey No. 135/9-A of Candolim village, Bardez Taluka, as early as possible and not later than eight weeks from today.

4. The Petition is disposed of.

ASHISH S. CHAVAN, J.

SARANG V. KOTWAL, J.

Signed by: ESHA SAINATH VAIGANKAR Designation: Personal Assistant Date: 01/12/2025 18:34:39 1st December, 2025