PANAJI: The high court of Bombay at Goa has directed the Goa state coastal zone management authority (GSCZMA) to decide the issue of erection of shacks at Palolem beach afresh. A petition was filed seeking action against the shacks occupying the beach area blocking access to the public.
"Considering the overall aspects of the matter, we feel it appropriate that the GCZMA should deliberate over the erection of shacks at Palolem beach after considering the material on record and in accordance with law," a division bench comprising Justice S B Deshmukh and Justice F M Reis observed.
After perusing the minutes book of the GCZMA meetings, the court noted that subsequent to the filing of a joint inspection report by the officials of tourism department and GCZMA, no meeting was held on this aspect regarding the erection of shacks at Palolem.
In this case, Vikas Bhagat had approached the court alleging rampant violation of CRZ rules due to the erection of beach shacks right into the water. The petitioner stated that the shacks have occupied the entire beach and deck beds block the movement of the public. Bhagat had sought a direction to the government to remove the shacks on the beach as it is a public property.
During the hearing of the case, the petitioner's lawyer, M S Sonak, said that no construction can be undertaken between the high tide line (HTL) and low tide line (LTL) as per the CRZ notification of 1991. Referring to an earlier decision taken by the GCZMA not to allow any shacks between the HTL and LTL at Palolem, Sonak pointed out that since the GCZMA decision is in force, the question of giving permission to the shacks does not arise.
Advocate general Subodh Kantak replied that such temporary structures are permissible within the CRZ area during the tourist season as per a new CRZ notification issued by the Union ministry of environment and forests.