GCZMA verifying legality of 38 structures along coast
Panaji: The Goa State Pollution Control Board (GSPCB) has temporarily issued consent to operate valid for six months to 38 structures located in CRZ areas in the state, as short-term relief while the Goa Coastal Zone Management Authority (GCZMA) verifies the legality of these structures. In April 2023, the Bombay high court had pointed to the operation of 175 structures functioning illegally in no-development zone of CRZ in Goa.
The court found that the structures had no permissions from the GCZMA or the GSPCB but were operating based on resolutions passed by local panchayats. After this was pointed out by the high court in its directive, the GSPCB decided to exercise caution in the case of applicants operating along the coast and have sought consent to operate from it.
In the case of 25 structures, the board has already written to the GCZMA to verify their legality, while the GSPCB is in the process of writing with regard to 13 other structures to the GCZMA to verify their documents. In the meantime, the board has temporarily issued consent to operate while the GCZMA completes its verification process. All these structures include guesthouses, resorts, villas, which claim to be in operation prior to the 1991 CRZ notification coming into effect.
The high court, in its order dated April 5, 2023, said that it is the duty of the GSPCB to check whether a structure has the GCZMA nod before a consent to operate is issued to a shack. The court noted that consent to operate can’t be issued where the operations are proposed to be carried out in illegal structures.
The court had found that 175 structures were operating in no development zone of CRZ without any nod from the GCZMA or the GSPCB. The court also noted that panchayat had passed resolutions in favour of such structures relying on electricity bills or house tax receipts from prior to 1991. The violators used these bills and receipts to claim legality for the structures.
The court declared such panchayat resolutions as illegal, noting that the panchayat is vested with no such powers under the Environment Protection Act to decide on legality of these structures.
The GSPCB decide that it will approach the GCZMA to clarify on legality of the structures before deciding on consent to operate as the Board is not the authority to decide on CRZ structures.
In the case of 25 structures, the board has already written to the GCZMA to verify their legality, while the GSPCB is in the process of writing with regard to 13 other structures to the GCZMA to verify their documents. In the meantime, the board has temporarily issued consent to operate while the GCZMA completes its verification process. All these structures include guesthouses, resorts, villas, which claim to be in operation prior to the 1991 CRZ notification coming into effect.
The high court, in its order dated April 5, 2023, said that it is the duty of the GSPCB to check whether a structure has the GCZMA nod before a consent to operate is issued to a shack. The court noted that consent to operate can’t be issued where the operations are proposed to be carried out in illegal structures.
The court had found that 175 structures were operating in no development zone of CRZ without any nod from the GCZMA or the GSPCB. The court also noted that panchayat had passed resolutions in favour of such structures relying on electricity bills or house tax receipts from prior to 1991. The violators used these bills and receipts to claim legality for the structures.
The court declared such panchayat resolutions as illegal, noting that the panchayat is vested with no such powers under the Environment Protection Act to decide on legality of these structures.
The GSPCB decide that it will approach the GCZMA to clarify on legality of the structures before deciding on consent to operate as the Board is not the authority to decide on CRZ structures.
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