From ET Realty
PANAJI: In a major relief to private shack owners facing closure of their business following a National Green Tribunal (NGT) directive last week , the high court of Bombay at Goa stayed the order that was passed by NGT ” prima facie” without granting any opportunity of hearing to the affected parties.
All Goa private property shacks and hut owners association, represented by Dharmesh Saglani, filed an appeal in the high court challenging NGT’s order. This season, GCZMA granted licences to 335 private shacks to erect temporary structures.
A division bench comprising Justice S B Shukre and Justice K L Wadane observed, “Since the impugned order has been passed, prima facie, without granting any opportunity of hearing to the petitioners and since it also has prima facie effect of taking away the fundamental rights of the petitioners, the impugned order would have to be stayed.”
Advocate for the petitioner Nitin Sardessai argued that the NGT order takes away the fundamental right to carry on business in accordance with law despite of the fact that due clearance has already been given by the Goa coastal zone management authority to put up their temporary structures/shacks in the private properties adjoining the shore line of the state of Goa.
The high court noted that the NGT order directs the Goa coastal zone management authority to revoke all permissions issued by it within a week’s time.”
Obviously, such an order would have the effect of taking away the rights of the parties in whose favour civil rights have already been created because of the clearance granted by the Goa coastal zone management authority to these persons, the high court noted.
The high court has fixed the next hearing on March 10.