Goa Foundation and Ors. V. State of Goa and Others

The petitioner challenged the order of the Goa Govt. Approving demarcation of High Tide Line. The reason stated in the petition was such demarcation is not in consonance with the CRZ Notification, 1991. The petitioners contended that for several years the respondents have been following HTL demarcation which is as same under CRZ Notification 1991 as amended on 1994. Certain resort developers who have raised construction within the 200 meters zone had sought to raise dispute about the demarcation of HTL in and attempt to regularize their illegal constructions. The State Govt. without consulting the MoEF, Government of India has taken the assistance of surveyor General for demarcating HTL lines. But the surveyor General has demarcated on HTL for approximately 27 km of Goa State from Valsao to Cavelossim beach stretch in South Goa. The other part of Goa coast HTL demarcation was not done by surveyor General of India. The HTL drawn for the aforesaid stretch is at variance with HTL demarcation required under CRZ. There are now two different HTL lines for different areas of Goa only one of which meets the provisions of CRZ notification. The allegation of the petitioner is that the HTL drawn by surveyor General is on average 40-60 meters closer to sea. Developers have the advantage of constructing resorts closer to the sea and sand dunes in the 27 km stretch on account of this. The State Government has not authority to allow such construction by permitting those structures as there are two HTLs in the same state. It was also pointed before the court, that the power under the CRZ is available only to the demarcating authority to e appointed by Central Government and it is not the surveyor General of India. After perusing, the records and arguments of both the parties, the Panaji bench of High Court of Mumbai declared the order the State Government as null and void and made the prayers of the petitioners absolute.