Bombay HC at Goa vacates stay on erection of Beach Shacks, observes no adverse impact on environment [Read Order]

The High Court of Bombay at Goa has vacated stay on erection of shacks put by the Principal Bench of National Green Tribunal (NGT) last month, observing that there was no evidence of adverse impact on the environment due to erection of beach shacks for a temporary duration..As noted in the order,.“In the State of Goa, since long on the beaches, shacks have existed for decades and there is no evidence of adverse impact on the environment on account of the erection of the shacks for a temporary duration. The shacks are fabricated using eco-friendly, perishable material such as wood, bamboo and palm leaves.”.A Division Bench of Chief Justice Pradeep Nandrajog and Justice M S Sonak gave a ruling on a writ plea by the Shack Owners Welfare Society of Goa challenging an interim order of the NGT that had put a stay on the erection of shacks in Goa. An application had also been filed by the State of Goa, seeking extension of time to finalise the Coastal Zone Management Plan envisaged by the CRZ notification of 2011..On September 13, the NGT had issued the stay on the erection of shacks on the beaches of Goa, noting that unregulated development activity was resulting in damage to the environment in the absence of a Coastal Zone Management Plan..While extending the time for finalising the Coastal Management Plan, the Tribunal had also restrained the implementation of the Shack Policy. The Shack Policy for the year 2019-2022 permits 259 shacks in North Goa and 105 shacks in South Goa on the beaches to be erected..In the challenge made to this interim order, the High Court noted, inter alia, that the 2011 CRZ notification permits the erectin of temporary and seasonal structures on the beaches and to be removed and dismantled after May each year..While this is the case, the Bench also observed that the Shack Policy envisages temporary beach shacks to be erected using eco-friendly material As per the policy, the use of concrete material was absolutely banned and grouting, plastering, laying of PCC/RCC, digging of soak pits, etc. was also prohibited..In view of these observations, the Court proceeded to permit the Goa Government to implement the Shack Policy for the year 2019-2022, holding,.“The tourist season having commenced in the State of Goa and keeping in view the fact that large employment is generated under the Shack Policy, we dispose of the Petitions staying the operation of the impugned order dated 13.09.2019 passed by the National Green Tribunal pertaining to the State of Goa.”.Before parting with the plea, the Court also requested the Goa Coastal Zone Management Authority (GCZMA) to expeditiously finalise the mandatory Coastal Zone Management Plan by the date notified in the NGT order..Senior Counsel SS Kantak along with advocate Preetam Talulikar appeared for the Shack Owners Association..Advocate General of Goa Devidas J Pangam, along with advocates Maria Simone Judith Correia and Manish Salkar appeared for respondent Authorities..[Read Order dated October 7, 2019].Image taken from here