True Axiz Resort Pvt. Ltd., Thr. Its Director v. State Of Goa, Thr. Its Chief Secretary And Others

1. By this petition, the petitioner has prayed for quashing and setting aside of CRZ clearance dated 22.2.2019 and No Objection Certificate issued by Town and Country Planning Department dated 6.5.2019, as also the construction licence dated 31.7.2019 issued in favour of respondent no. 2 i.e the Assistant Engineer, Water Resources Department for construction of a weather radar. The allegation of the petitioner is that the same violates CRZ notification, inasmuch as it is sought to be constructed in sand dunes in CRZ-I.

2. This is opposed by the respondent no. 2 and the clearances and the construction licence are sought to be justified.

3. During the pendency of this Writ Petition, it was informed that the respondent no. 3-the Goa Coastal Zone Management Authority (GCZMA) had already conducted an inspection and that report was awaited.

4. We are not informed that meeting of the GCZMA post the inspection took place on 10.12.2021 and 14.12.2021 wherein minutes of the meeting were recorded. There was corrigendum dated 21.12.2021 also recorded in the context of the aforesaid meetings.

5. The learned Counsel for the petitioner fairly submits that the petitioner will now have to challenge the said findings of the GCZMA by filing an appropriate proceeding before the National Green Tribunal(NGT). He submits that the respondents may be directed to hold their hands in so far as construction is concerned for a period of one week to enable the petitioner to approach the NGT.

6. Mr. Priolkar, learned Addl. Govt. Advocate appearing for the respondent nos. 1 to 4 submits that the petitioner may approach the NGT but order of status quo may not be granted.

7. We are of the opinion that since there was understanding between the parties during the pendency of the present Writ Petition that the respondent no. 2 would hold its hands in so far as the construction is concerned, the same position should continue, in the interest of justice for a period of one week during which the petitioner intends to approach the NGT.

8. In view of the above, the Writ Petition is disposed of by recording that the petitioner shall be approaching the NGT within a period of one week to challenge the contents of the minutes of the meeting dated 10.12.2021 and 14.12.2021 and corrigendum dated 21.12.2021. The respondent no. 2 is directed to hold its hands in so far as further construction is concerned for a period of one week from today. It is made clear that we have not expressed any opinion on the merits of the matter.