Case Note & Summary
This Public Interest Litigation filed by two environmental petitioners challenges approvals granted for construction of a hotel/beach resort by respondent no.7 at Morjim beach, Goa, alleging breaches of Coastal Regulation Zone norms. The petitioners, including The Goa Foundation, an environmental NGO, contended that Morjim beach is a designated turtle nesting site and falls within CRZ-I under the 1991 and 2011 CRZ Notifications, where new construction is prohibited. Respondent no.7, Chakshu Properties Pvt. Ltd., asserted that its property partly lies in a settlement zone under the Regional Plan for Goa-2021, which falls in CRZ-III, and that construction of hotels is permitted in such areas under the 2011 CRZ Notification and the Hotel Policy framed by the Goa Coastal Zone Management Authority. The factual matrix includes the issuance of the 1991 CRZ Notification regulating coastal development, the 1996 approval of the Goa Coastal Zone Management Plan, the 2001 amendment permitting certain constructions in CRZ-I, a 2006 High Court order directing identification of open plots in CRZ-III, the 2010 notification of the Regional Plan for Goa-2021 for Pernem Taluka where the property is situated, and the 2011 CRZ Notification that superseded the earlier notification and designated Morjim as a turtle nesting area. Pursuant to the 2006 order, GCZMA appointed an agency to map open plots, identified the subject property as available for hotel development, and issued a Hotel Policy in 2011. Petitioners had earlier challenged the Hotel Policy in WP 29/2011, which was disposed of as premature. The present petition sought quashing of all approvals and a mandamus for demolition and restoration. The High Court heard the matter finally, reserved judgment on 2 May 2019, and pronounced it on 17 September 2019. The available text, however, only provides the factual background without the court's reasoning or final decision.
Issue of Consideration
Whether approvals granted for construction of hotel by respondent no.7 at Morjim beach violate CRZ notifications, whether the construction falls in CRZ-I or CRZ-III, validity of Hotel Policy, and compliance with environmental norms and Wildlife Protection Act
Law Points
- CRZ Notification
- 1991 classifies coastal areas and restricts new construction within 500m of HTL in CRZ-I
- CRZ-III permits hotel construction between 200-500m with prior approval
- 2011 designates turtle nesting beaches as CRZ-I and prohibits hotels
- Management Plan required for turtle nesting beaches
- Hotel Policy permits hotels only in settlement zones as per Regional Plan 2021
- Wildlife Protection Act
- 1972 protects turtle nesting sites
- Goa Town and Country Planning Act
- 1974 governs regional plans and development permissions
Case Details
2019 LawText (BOM) (09) 131
PIL Writ Petition No.4 of 2018
R.D. Dhanuka, Prithviraj K. Chavan
Norma Alvares, Anamika Gode, Sivagnanam, Abhijit Gosavi, Datta Prasad Lavande, P. Dangui, H. Shirodkar, Shyam Mehta, Kunal Dwarkadas, Yuvraj Choksi, P. Vernekar, B. Fataarpekarr
The Goa Foundation through Dr. Claude Alvares, Sagardeep A. Sirsaikar
Panchayat of Morjim, Goa Coastal Zone Management Authority, Ministry of Environment Forests & Climate Change, State of Goa, Chief Town Planner, Goa State Pollution Control Board, Chakshu Properties Pvt. Ltd.
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Nature of Litigation
Public Interest Litigation (PIL) challenging environmental clearances and construction permits for a hotel project in CRZ area
Remedy Sought
Quashing of approvals granted by Town Planning Department, Collector, Panchayat, and MOEF&CC; mandamus for demolition of construction and restoration of beach
Filing Reason
Alleged violation of CRZ Notifications by permitting construction in CRZ-I turtle nesting beach area without proper clearances
Previous Decisions
Earlier writ petition no.29 of 2011 challenging Hotel Policy was disposed as premature; in WP 422/1998 High Court directed GCZMA to identify open CRZ-III plots and frame policy
Issues
Whether the hotel construction at Morjim falls within CRZ-I turtle nesting zone or CRZ-III settlement zone
Whether the approvals violated 1991 and 2011 CRZ Notifications and Wildlife Protection Act
Validity of the 2011 Hotel Policy permitting hotels in CRZ-III settlement areas
Whether environmental impact assessment and management plan requirements were complied with
Submissions/Arguments
Petitioners argued that Morjim is a designated turtle nesting beach classified as CRZ-I under 2011 Notification, where construction of hotels is expressly prohibited.
Respondent no.7 contended that its property partly lies in settlement zone under Regional Plan 2021, which is CRZ-III, and hotels are permitted between 200-500m of HTL with prior approval as per Hotel Policy.
Respondent no.7 submitted that the Hotel Policy was framed pursuant to court order, the plot was identified as available, and all necessary clearances were obtained.
Judgment Excerpts
Under the said 1991 CRZ Notification, development of activities in the coastal stretches within 500 meters from High Tide Line (HTL) on the landward side are regulated.
As per 2011 CRZ Notification, all turtle nesting beaches are designated as CRZ-I.
It is the case of the respondent no.7 that a portion of the subject property of respondent no.7 was classified as a “Settlement” area in the Regional Plan for Goa-2021.
Under RPG-2021, one of the permitted uses in areas falling within “settlement zone” is beach resorts/hotels/motels.
Procedural History
PIL Writ Petition filed and heard finally by consent of parties. Earlier writ petition no.29 of 2011 challenging Hotel Policy disposed as premature on 19 March 2012. In WP 422/1998, High Court on 13 October 2006 directed GCZMA to identify open CRZ-III plots and frame policy, leading to Hotel Policy of 16 June 2011. The present petition was reserved for judgment on 2 May 2019 and pronounced on 17 September 2019.
Acts & Sections
- Environment (Protection) Act, 1986:
- Goa Town and Country Planning Act, 1974: 15, 17
- Wildlife Protection Act, 1972:
