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Judgment
Heard Mr. Om D'Costa for the Petitioner, learned Advocate General who appears along with Mr. Prashil Arolkar, Additional Government Advocate for Respondent Nos.1, 3 and 4 and Mr. Byron Rodrigues, learned Counsel for Respondent No.2.
On 23.08.2022, we made the following order:-
“The learned Advocate General states that the Goa Coastal Zone Management Authority was required to report compliance on the following two issues:-
a) Preparation of a report about mapping of the structures existing within the NDZ of the CRZ areas of Colva village;
b) Disposal of 10 show-cause notices issued to alleged violators in Colva.
The learned Advocate General states that the report of mapping has already been prepared and the same was even filed in this Court on 15.06.2022. Insofar as disposal of show-cause notices is concerned, the learned Advocate General admits that there has been a delay and even the time granted by this Court has since expired. He further states that Goa Coastal Zone Management Authority will now expeditiously dispose of the 10 show-cause notices within 2 months from today.
Accordingly, we accept the above statement made by the learned Advocate General and direct the Goa Coastal Zone Management Authority to dispose of the 10 show-cause notices in accord with law as expeditiously as possible and, in any case, within 2 months from today without fail. The Member Secretary of the Goa Coastal Zone Management Authority will have to file an affidavit of compliance on the next date.
Mr. Rodrigues, learned counsel appearing on behalf of the Village Panchayat of Colva states that the Panchayat has already started the process of identifying the illegal structures based upon mapping provided by the Goa Coastal Zone Management Authority. He submits that this work will be completed within maximum period of 2 months from today. After that, the show-cause notices will be issued to the alleged violators and even such show-cause notices will be disposed of expeditiously.
Accordingly, we post this matter for further consideration on 10.10.2022. Before said date, both, the Goa Coastal Zone Management Authority as well as the Secretary, Colva Village Panchayat, should file the compliance report.
Mr. Om D'Costa, learned counsel for the petitioners submits that the petitioners have some issues with the mapping. Accordingly, the petitioners are granted leave to file an additional affidavit or otherwise file their objections to the mapping within 4 weeks from today. A copy of such affidavit/objections should be furnished to the learned counsel for the respondents so that the objections can be considered on the next date.
Stand over to 10.10.2022.”
The learned Advocate General now states that the report about mapping of structures existing within the NDZ of CRZ areas of Colva village is already prepared and filed before this Court. Mr. Om D'Costa states that the Petitioners have certain objections to the mapping exercise carried out. He states that these objections have been set out in the affidavit which he craves leave to file in this petition.
Although we grant leave to file such affidavit, we do not propose to go into such objections. This is because we think that such objections can be appropriately raised by the Petitioners before the Directorate of Settlement and Land Records (DSLR), which is the authority that has prepared the report. The DSLR and the GCZMA should consider the objections and dispose of the Petitioners' representation in this regard as expeditiously as possible and in any case, within four months from the date of receipt. The decisions should be communicated to the Petitioners.
Learned Advocate General states that decisions have already been taken by the GCZMA in 9 out of 10 show-cause notices. He states that the formal orders will be issued within ten days from today. This statement is accepted and the GCZMA is directed to act accordingly.
Learned Advocate General states that the show-cause notices which remain to be disposed of will also be appropriately disposed of within two months from today. Even this statement is accepted and the GCZMA is directed to act accordingly.
Mr. Rodrigues, learned Counsel for the Panchayat has also made a statement that the Panchayat has started the process of identifying the illegal structures based on the mapping provided by the DSLR and the GCZMA. He reiterates that this process of identification will be completed within the timeline indicated in our order dated 23.08.2022. He states that after that show-cause notices will be issued to the alleged violators and even such show-cause notices will be disposed of expeditiously.
According to us, Panchayat must endeavour to dispose of the show-cause notices within three months from the date of their issue.
The petition is disposed of by issuing the above directions and liberties.
There shall be no order for costs.