HC quashes "stop work" order issued to Aldei de Goa

PANJIM: The High Court has quashed the "stop work" order issued to
Goan Real Estate & Construction Ltd by North Goa Additional Collector
because according to the Ministry of Environment & Forests "it is an
on-going project". In other words, GRECL can carry on with their work
of constructing homes and a hotel.

Swapnil Naik, Additional Collector, North Goa had turned down the
request of Goan Real Estate & Construction Ltd (GRECL) to cancel the
stop work order, stating that their project is an "ongoing" project.
GRECL backed by a letter from Director, Ministry of Environment &
Forests, who clarified that the construction activities in the zone
between 50 to 100 metres would attract the provisions of CRZ
notification from the date of orders of Supreme Court dated April 18,
1996 for undertaking any new developmental activities, requested to
cancel the stop work order.

Director, MoEF had further clarified, "any developmental activity
which had been initiated between August 18, 1994 and April 18, 1996
after obtaining all requisite clearances from concerned agencies
including from the TCP could be constructed as an on-going project."

It must be recalled that Naik had issued a stay order against illegal
construction/ development work carried out in survey number 12/1 and
99 by violating the CRZ guidelines and for violating section 17 (2) of
Town and Country Plan Act by indulging in large scale hill cutting in
survey no 95/1 and 96/12 of Bambolim village after the Gpa Bachao
Abhiyan (GBA) brought to the notice of the authorities mass
destruction by GRECL.

GRECL maintained that on May 31, 1995, Chief Town Planner, TCP
department and other concerned authorities approve the Development
Plan submitted by Goan Real Estate & Construction Ltd (GRECL) for
construction and development of residential houses and a hotel. On
July 31, 1995, Curca village panchayat issues construction license to
the GRECL, which is again later renewed for three years on October 18,
1998. They added that they are carrying out the development work from
1998 to 2006 and the project is under construction and incomplete.

However, Nail discharged the stay order to the extent that the
constructions beyond 100 mts line as demarcated from the present
position of river bank can be started as per the approval plan from
the TCP department, panchayat and other authorities. He added, "Any
further construction on the structures marked A, B and C on the plan
can't be started since these are within the 100 mts line. Further,
this order doesn't absolve the developer from the responsibility of
obtaining any other permission for cutting of hill, trees etc as per
the Rules".

Interestingly, on August 18, 1994, by way of amendment to the
notification, the area around the banks of rive affected by tidal
impact to which restriction applied was initially 100 mts is reduced
to 50 mts. However, on April 18, 1996, the Supreme Court had set aside
the part of this notification, restoring the area around the river to
100 mts for imposing restrictions.

GRECL also made representation to Goa Coastal Zone Management
Authority stating that the work is being carried out in terms of the
sanctioned plans and the stop work notice was unjustified.

However, when the GCZMA in its meeting on July 28, 2007 apprised the
members of the observations made out by MoEF that the project
undertaken by GRECL after a long gap of 12 years should be construed
as an on going project and that approval of 50 mts NDZ holds, the
members observed, "It can't be construed as an on-going project
because earlier only plinth level was constructed and thereafter
nothing was done for 12 years" and decided to demarcate 100 mts NDZ.