The Goa Foundation G-8 St Britto's Apartments Feira Alta, Mapusa 403 507 Goa Email: [EMAIL PROTECTED] Phones: 2263305; 2256479
17th July, 2008 PRESS NOTE The Supreme Court on 16th July 2008 declined to stay – at mention stage – an order of the Bombay High Court dated 10th July (S.A. Bobde and R.C. Chavan) which had directed the promoters of the Aldeia de Goa project at Bambolim to maintain status quo on all its constructions within 100 metres of the High Tide Line. The Court also declined to issue notice to the respondent organisations including PMCA and the Goa Foundation, and posted the special leave petition filed by Aldeia de Goa to July 28 instead. Earlier, Aldeia de Goa had pleaded with the Bombay High Court to stay its "status-quo" order in order to enable it approach the Supreme Court, since its construction was continuing. However, the plea was rejected "since the order prohibits only construction within 50 to 100 metres from the High Tide Line and that too for a limited period." The Goa Foundation and PMCA filed the original petition in September 2007 to challenge constructions being carried out by Aldeia de Goa within 100 metres of the HTL on the basis of a permission granted in 1995. The petitioners have argued that since the Supreme Court struck down the CRZ amendment that had relaxed the no-development zone from 100 to 50 metres from the HTL, and declared the amendment illegal, all permissions granted on the basis of the amendment were also illegal and therefore liable to be demolished. Extension of the validity of the construction licences issued by the Bambolim Panchayat after the Supreme Court judgement were also challenged by the two organisations. The Bombay High Court in its order of 10th July stated that the two petitioner organisations had been able to show that there had been in fact "no construction activity in pursuance of amendment of 18.8.94 to notification dated 19.2.91, permitting construction from 50 metres of High Tide Line." The order also referred to the affidavit of Aldeia de Goa "which categorically stated that from 1997 to 2005 there was no construction activity at the site and when the activity was sought to be resumed, the plinth and other structures were so damaged that they had to be removed." The High Court order dated 10th July ordering status quo further notes: "When the Apex Court struck down amendment restricting NDZ to 50 metres only, ordinarily all activities between 50 to 100 metres from HTL must cease, since they offend the need to protect coastlines from environmental hazards. Apex Court had left it to High Courts to deal with allegations relating to infringement of relevant notifications, obviously with the view that the High Courts would be in a better position to decide how equities could be adjusted in individual cases." The Court observed that had the constructions by Aldeia de Goa been completed, or nearing completion, Aldeia de Goa could have urged that such construction be protected. However, the hotel itself admitted that it commenced de novo after 2005, very much after the judgment of Apex Court in 1996. "Hence, at least tentatively, its continuance would do harm to the spirit of the observations in the judgment. Since continuation of construction of structure of doubtful legality would itself inflict an injury on the coastline, its eventual demolition would obviously take a further toll of the environs, we find that it would be necessary to grant interim relief, directing the parties to maintain status quo in respect of construction within 50 – 100 metres of HTL." Though both the Ministry of Environment and Forests and the National Coastal Zone Management Authority had concluded that the project was an "on-going" project since it was, according to them, "on-going" since 1995. The Court held it was not inclined to agree with this position. Petitioners were granted leave to file an amendment challenging the decision of the National Coastal Zone Management Authority by 7th August, 2008, after which the Court would hear the matter and pass final judgement. Issued by: Claude Alvares The Goa Foundation 17.7.2008
