Panaji: The Bombay High Court in Goa on Wednesday delivered the North Goa collector to seal a resort in Siolim which was established on the land of government without obtaining permission from the latest “GCZMA)” (Thursday), and Demolish management authority in four weeks .
The court also rejected the dispute that the respondents who built the resort were two Delhi entrepreneurs who invested a large amount of money, and that they made further representation of the authorities even after the command of the demolition of GCZMA and dismissal of NGT from their petition.
“Government land cannot be won or destroyed or destroyed in this way to help (two entrepreneurs from Delhi) for their business activities.
Similarly, the environment cannot be relegated in this way by installing a resort in the crz area of ​​environmentally sensitive, without bothering To get permission from GCZMA, “said the bench.
“(Both Delhi entrepreneurs) have taken the opportunities calculated, and now their irregularity has been found, there are no questions about further pleasure,” benches, consisting of J-Judge M Sonak and M Jawalkar, said.
The court was “very doubtful” whether the authorities even had the power to consider “representation of this nature”.
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this is a case where commands made by the authority noted that the resort has been installed on government soil, and more environmentally sensitive areas affected by CRZ.
In such circumstances, even assuming that there is power to regularization, there will be no Questions to entertain such representation, “The High Court stated.” Government land cannot be seized or bulled by this way to help NOS 9 and 10 respondents (two entrepreneurs from Delhi) for their business activities.
Similarly, the environment cannot be degraded with This method by installing a resort in the crz area that is sensitive to the environment, without bother getting any permission from GCZMA, “said the division bench consisting of Sonak Judge and MS Jawalkar.
The High Court directed the electricity department and water to disconnect the electricity and water supply to the resort meaningful, and directed other authorities to obey the command of GCZMA for demolition and restore government land to its original position within four weeks.
It also directs that the number of penalties is paid, failing at which steps must be taken by the collector to restore the number of penalties.
The complainant, Alex Pereira, was represented by Nigel’s Advocate Da Costa Frias with Barbara Andrade, went to court who stated that the GCZMA command dated November 5, directed the Cere Collector to regain the original land in its original position and restored RS 5 Lakh’s penalty per structure was not obeyed .
The applicant complained that respondents took government land, and without permission from GCZMA, continued to build a hotel / resort in Siolim.
“Now, regardless of the order of GCZMA it reaches finality due to the dismissal by NGT, no legal authority takes steps to seal the structure or to destroy the same, so that government land can be returned into the earliest original position.
In our opinion, there is no The explanation of why this was not done, “the court was observed.
The state government told the court that the structure would soon be sealed, but that four weeks could be given to dismantal and to restore the site to its original position.
“This request, in our opinion, is quite reasonable,” said the High Court.
The High Court did not accept the opposition of Advocates Abhay Gupta, which represented the entrepreneurs from Delhi, who installed a hotel / resort by investing a large number, the instructions were released to the authorities to consider representation to them.
“In our opinion, this gupta conflict is unacceptable,” said the court.
“After GCZMA has (issued) orders and challenges to orders rejected by NGT, there are no questions (the people of the respondents) make a further representation of the vice collector, GCZMA, or the entertaining authority of the representation.
In whatever, this is the problem at Where accessed no permissions obtained from GCZMA even though a resort is installed in the Crz area.
Gupta itself has submitted that two respondents are entrepreneurs and therefore, it is clear that they are aware of the laws that regulate the burning of hotels or resorts in the crz area.
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