Goa Pollution Control Board Issues Temporary Operating Permits for 38 Coastal Structures
The Goa State Pollution Control Board (GSPCB) has taken a significant step by granting temporary consent to operate valid for six months to 38 structures located within Coastal Regulation Zone (CRZ) areas across the state. This decision provides short-term relief while the Goa Coastal Zone Management Authority (GCZMA) conducts thorough verification of these structures' legality, addressing concerns raised by judicial authorities.
High Court Directive Spurs Action on Illegal Coastal Development
This development follows a crucial Bombay High Court observation in April 2023, which identified 175 structures operating illegally within no-development zones of Goa's CRZ areas. The court determined these establishments were functioning without proper permissions from either the GCZMA or GSPCB, relying instead on resolutions passed by local panchayats that lacked legal authority under environmental protection laws.
The court specifically noted that panchayats had passed resolutions favoring these structures based on electricity bills or house tax receipts predating 1991, which violators used to claim legality. However, the court declared such resolutions illegal, emphasizing that panchayats possess no authority under the Environment Protection Act to determine the legality of CRZ structures.
Verification Process Underway for Questionable Structures
In response to the court's directive, the GSPCB has adopted a cautious approach toward applicants operating along Goa's coastline who have sought operating consent. The board has already written to the GCZMA requesting verification of legality for 25 structures, while similar communications are being prepared for 13 additional structures.
All 38 structures receiving temporary permits include various hospitality and residential establishments such as:
- Guesthouses
- Resorts
- Villas
These establishments claim to have been operational before the 1991 CRZ notification came into effect, which forms the basis of their legality claims.
Legal Framework and Authority Clarification
In its April 5, 2023 order, the Bombay High Court established clear legal parameters, stating that the GSPCB has a duty to verify whether a structure has received GCZMA approval before issuing any consent to operate, particularly for coastal shacks and similar establishments. The court explicitly noted that operating consent cannot be granted for activities proposed in illegal structures.
The GSPCB has consequently determined that it will consult the GCZMA for clarification on structure legality before making final decisions about operating consents, acknowledging that the pollution control board is not the authority empowered to decide matters concerning CRZ structures. This inter-agency coordination represents a significant shift in regulatory approach toward Goa's sensitive coastal ecosystems.
