CRZ Regulation doesn't provide for classification: Cidade de Goa Case

PANJIM: "CRZ Regulation doesn't provide for classification of CRZ II area or CRZ III area only on the ground whether the area is situated within the Municipal limits or not. A area within Municipal limits, if not substantially developed will not be classified as CRZ II only on the ground that the area is within municipal limit, vice versa, an area outside municipal limit, if substantially developed and has been legally designated as urban area, is classified as CRZ II notwithstanding the fact that it is outside municipal limits."



This submission by the Goa Coastal Zone Management Authority Member Secretary to the High Court in a petition filed by Carlos Noronha challenging the construction plan of a hotel project by Fomento resorts on the ground that the re-classification of certain areas from CRZ III to II in 2001, is illegal, points to a simple fact.


According to GCZMA, the relevant aspect while deciding whether the area is CRZ II or CRZ III is not just whether it is in the municipal area or not, but whether it is substantially built up and has been provided with drainage, approach roads and other infrastructural facilities such as water supply and sewerage system.


To substantiate their stand that the area where the proposed hotel is coming up is rightfully designated as CRZ II, GCZMA has stated that the Dona Paula stretch was notified as part of Panjim municipal area in 1970 and although Taleigao was included in Panjim municipal area only in the year 1995, it was already designated as urban area since 1970, vide the following:



* Designated as one of the urban areas (census town) of North Goa district in 1991 census year.
* Notified as art of Panaji City Planning areas vide notification dated 19/11/1996, issued under the provision of Goa, Daman and Diu TCP Act, 1974.


Further to justify their stand, MS GCZMA has stated that the area is urban because of the buildable 69 plots, 52 plots have been built up, having 135 structures and the percentage of built up plots to buildable plots was 75.36 percent. Further, it is also stated that drainage has been provided, approach roads and main roads are existing, water supply through pipelines is available and sewerage scheme is under execution by Goa government and septic tanks are provided for each house/ building complex.

Requesting that the ad-interim relief to the petitioners should be vacated, GCZMA has stated that the distance of the proposed construction from the bank of the river is 86.23 mt, of the landward side of an existing authorized structure, which is within the permissible distance of 100 mts.




* CRZ II : The area that have already been developed upto or close to the shore line. For this purposed "developed" area is referred to as that area within municipal limits or in other legally designated urban areas which is already substantially built up and which has been provided with drainage and approach roads and other infrastructural facilities, such as water supply and sewerage mains."



* CRZ III: Areas that are relatively undisturbed and those, which don't belong to either category I or II. These include coastal zones in the rural areas (developed and undeveloped) and also areas within municipal limits or in other legally designated urban areas which are not substantially built up.