Case Note & Summary
The judgment pertains to two Public Interest Litigations filed before the Bombay High Court at Goa challenging the construction of a jetty and other structures by private respondents (Shri Anthony De Sa and Shri Raymond De Sa, partners of M/s De Sa Engineering Works) in the intertidal zone of River Zuari at Cortalim, Goa. The petitioners, including local fishermen and a registered society 'Voice of Villagers', alleged that the construction was carried out without obtaining mandatory CRZ clearance from the Ministry of Environment and Forests (MoEF) and the Goa Coastal Zone Management Authority (GCZMA), in violation of the CRZ Notification 1991 and 2011 issued under the Environment Protection Act, 1986. The petitioners sought demolition of the illegal structures and restoration of the area. The respondents, including the State of Goa, GCZMA, and the private parties, contended that the construction was permissible and that necessary permissions were obtained from the Captain of Ports and the Village Panchayat. The court examined the CRZ maps and found that the site fell within CRZ-I (intertidal zone) where construction is prohibited except for certain permitted activities. The court held that the construction was illegal as no CRZ clearance was obtained, and the permissions from other authorities did not override the requirement of CRZ clearance. The court directed the removal of the encroachments and restoration of the area to its original state within three months, and also directed the GCZMA to take appropriate action against the violators. The judgment emphasizes the importance of environmental protection and the need to strictly enforce CRZ norms.
Headnote
A) Public Interest Litigation - Maintainability - Environmental Violations - Petitioners, residents and a society, sought demolition of illegal structures in CRZ area - Court held that PIL is maintainable when there is violation of statutory provisions and environmental norms affecting public interest (Paras 1-5). B) Coastal Regulation Zone - CRZ Notification 1991 and 2011 - Prohibition on Construction in Intertidal Zone - Construction of jetty and retaining wall in CRZ-I area without prior approval from MoEF and GCZMA - Held that such construction is illegal and must be removed (Paras 6-15). C) Environment Protection Act, 1986 - Section 3 - Power to take measures to protect environment - Violation of CRZ Notification amounts to violation of EPA - Court directed removal of encroachments and restoration of the area (Paras 16-20). D) Goa Coastal Zone Management Authority - Failure to Enforce CRZ Norms - Authority did not take action against illegal construction despite complaints - Held that GCZMA must exercise its powers under EPA to ensure compliance (Paras 21-25).
Issue of Consideration
Whether the construction of a jetty and other structures by private respondents in the intertidal zone of River Zuari at Cortalim, Goa, without requisite CRZ clearance and environmental impact assessment, is illegal and liable to be demolished.
Final Decision
The court allowed the PILs and directed the removal of the illegal structures (jetty and retaining wall) within three months and restoration of the area to its original state. The GCZMA was directed to take appropriate action against the violators.
Law Points
- Public Interest Litigation
- Coastal Regulation Zone
- Environmental Protection
- Illegal Construction
- CRZ Notification 1991
- CRZ Notification 2011
- Environment Protection Act 1986
- Goa Coastal Zone Management Authority
- Sustainable Development
- Precautionary Principle
