Case Note & Summary
This Public Interest Litigation was instituted by Mr. Reuben Franco, a resident of Calangute, Goa, seeking reliefs concerning the Calangute-Candolim beach stretch. The petitioner alleged that the beach was being degraded by the sinking of bore wells, construction of septic tanks, soak pits, and garbage pits by beach shack operators, and by overcrowding of shacks in violation of the shack policy. The petitioner sought directions to remove these structures, to comply with earlier directions in PILWP No.40/2018 regarding decongestion and placement of beach chairs, to restrict the number of shacks at main entry points as undertaken by the Director of Tourism, to survey the stretch for violations, and to enforce the terms and conditions of the shack policy. The court heard Mr. Rohit Bras De Sa as Amicus Curiae, the Advocate General for the State, and counsel for the Shack Owners Welfare Society and the Goa State Pollution Control Board. The court issued rule and made it returnable immediately with consent. The court examined the submissions and the earlier undertakings, and directed the removal of bore wells, septic tanks, soak pits, and garbage pits from the beach stretch. It also directed the respondents to comply with the undertakings given in PILWP No.40/2018 and to enforce the shack policy strictly. The court emphasized the need to protect the coastal environment and ensure that the beach remains clean and decongested for public use.
Headnote
A) Public Interest Litigation - Environmental Protection - Coastal Beach Management - Removal of Bore Wells, Septic Tanks, and Garbage Pits - The petitioner sought directions to remove bore wells, septic tanks, soak pits, and garbage pits from the Calangute-Candolim beach stretch, and to enforce the shack policy to prevent overcrowding and pollution. The court held that such structures are illegal and harmful to the coastal environment, and directed their removal and compliance with earlier undertakings. (Paras 1-3) B) Environmental Law - Pollution Control - Solid Waste Management - The court noted that the presence of septic tanks and soak pits on the beach violates environmental norms and poses a health hazard. Directions were issued to the Goa State Pollution Control Board and the Village Panchayat to ensure proper waste management and removal of such structures. (Paras 3-5) C) Coastal Regulation Zone - Beach Shack Policy - Enforcement of Conditions - The court examined the shack policy and found that the Director of Tourism had undertaken to restrict the number of shacks at main entry points. The court directed strict compliance with the policy and the removal of unauthorized structures to decongest the beach. (Paras 3-6)
Issue of Consideration
Whether the Calangute-Candolim beach stretch is being subjected to environmental degradation due to unauthorized bore wells, septic tanks, soak pits, garbage pits, and overcrowding of beach shacks, and whether the respondents should be directed to remove such structures and enforce the shack policy to restore the beach's ecological balance.
Final Decision
The court issued rule and made it returnable immediately. It directed the removal of bore wells, septic tanks, soak pits, and garbage pits from the Calangute-Candolim beach stretch. It also directed compliance with the undertakings in PILWP No.40/2018 and enforcement of the shack policy to restrict the number of shacks at main entry points and ensure the beach is clean and decongested.
Law Points
- Public Interest Litigation
- Environmental Protection
- Coastal Regulation Zone
- Beach Shack Policy
- Pollution Control
- Solid Waste Management
- Groundwater Extraction
- Septic Tank Prohibition
