National Green Tribunal Orders Demolition of Unauthorized Coastal Structures in Goa
Alchemist Asset Reconstruction Company Ltd. Wins Appeal Against Illegal Commercial Constructions in No Development Zone
Pune, September 16, 2025 - In a landmark ruling, the National Green Tribunal's Western Zone Bench in Pune has ordered the demolition of unauthorized structures constructed by Respondent No.2, Selso Fernandes, within the Coastal Regulation Zone (CRZ) areas in Goa. The judgment, delivered by Justice Dinesh Kumar Singh and Dr. Vijay Kulkarni, mandates the removal of structures that exceed the permissible limits and violate CRZ Notification 2011 provisions.
The appeal was filed by Alchemist Asset Reconstruction Company Ltd., challenging the order issued by the Goa Coastal Zone Management Authority (GCZMA) on May 13, 2024, which had directed the demolition of additional constructions made beyond the approved plan. The Tribunal's decision came in response to allegations that the structures were illegally extended for commercial purposes, contrary to permissions granted for residential reconstruction.
The judgment highlights several key issues regarding the misuse of permissions and unauthorized commercial activities in the No Development Zone (NDZ). The Tribunal emphasized that reconstruction permissions granted for residential purposes cannot be repurposed for commercial activities, as such actions violate CRZ norms and necessitate the demolition of illegal structures.
The judgment scrutinized the impugned order, noting the GCZMA's failure to provide a believable explanation for the increase in the plinth area of structures beyond the originally recorded limits. The Tribunal criticized the speculative nature of GCZMA's reasoning and found their decision lacking clarity regarding the legality of these structures.
Furthermore, the Tribunal addressed the contentious issue of whether commercial activities on the site were permissible under the CRZ Notification 2011. While Respondent No.2 argued that commercial activities had been ongoing since before 1991, the Tribunal found the evidence insufficient to prove lawful commercial usage prior to the notification's enactment.
The judgment also considered the argument related to traditional coastal communities' rights under the CRZ regulations. It affirmed that while reconstruction of dwelling units for traditional communities is permissible within certain zones, it cannot be extended to commercial activities unless explicitly covered by the notification.
The Tribunal directed the demolition of all structures that were extended beyond the approved plan, subject to the Supreme Court's directions. This decision underscores the importance of adhering to environmental regulations and maintaining the integrity of coastal zones.
The ruling is expected to have significant implications for coastal management and development in Goa, reinforcing the strict adherence to CRZ norms to prevent unauthorized constructions and protect coastal ecosystems.
Background: The appeal stemmed from a previous order where Respondent No.1-GCZMA had granted permission for reconstruction of residential structures, which were later misused for commercial purposes, including leasing out the property to Dream Discovery for resort activities. The Tribunal's decision today aligns with the principles of environmental protection and sustainable development, ensuring compliance with CRZ Notification 2011.
Conclusion:
The Tribunal's judgment serves as a critical reminder of the importance of preserving coastal zones and adhering to established environmental norms. The decision is poised to influence future coastal zone management and development activities across India, emphasizing the need for rigorous oversight and enforcement of environmental regulations.
