M/s Shrem Resorts Pvt. Ltd. v. Goa Coastal Zone Management Authority & Ors.
M/s Shrem Resorts Pvt. Ltd.
v.
Goa Coastal Zone Management Authority & Ors.
Appeal No. 2 of 2020 (WZ)
v.
Goa Coastal Zone Management Authority & Ors.
Appeal No. 2 of 2020 (WZ)
Coram: Hon’ble Mr. Justice Sheo Kumar Singh, Hon’ble Dr. Satyawan Singh Garbyal
Keywords: Demolition, Forum Hunting
Decision: Dismissed
Date: 17th August 2020
This appeal was filed against order of the Respondent No. 1 (Goa Coastal Zone Management Authority (GCZMA)) directing the Appellant to demolish the pergola, compound wall, metallic staircase and internal changes in the authorized structure. The Appellant alleged that the order was passed without giving opportunity of hearing to the Appellant. It was also alleged that the order was passed in exercise of jurisdiction with material irregularity.
The Appellant stated that a Show Cause Notice cum Staff Work Order was issued by the Respondent No. 1 in pursuance of the complaint filed by the Respondent No. 2 and on the basis of the inspection carried out by the GCZMA. Thereafter the Appellant received the Demolition Order directing the Appellant to demolish the entire structure along with the compound wall and to restore the land to its original condition. The Appellants property was in CRZ-III Zone.
Aggrieved by the demolition order, the Appellant moved Writ Petition No. STM/1915/2019 before the Hon'ble High Court of Bombay at Goa and vide order dated 22.05.2019, the Respondent No. 1 was directed to take a decision afresh. Accordingly, a fresh hearing was initiated and the Appellant was given an opportunity of hearing in the proceeding. Thereafter, order was passed directing demolition of the pergola, metallic staircase and the internal changes to the authorized structure.
Aggrieved by this order, the Appellant filed PIL Writ Petition No. STM/3749/2019 before the Hon’ble the High Court of Bombay at Goa. In these proceedings, the Appellant had filed an Affidavit-in-reply to the effect that the pergola and the compound wall would be demolished within 30 days and on the basis of such submission, the writ petition was disposed of.
Thereafter, the present appeal had been filed.
After going through the averments made out in the appeal, the Tribunal noted that the Appellant had adopted derailing tactic at every point of time. The undertaking given by the Appellant before the Hon’ble High Court that the illegal structure would be demolished had not been undertaken nor complied with. Therefore, it was a mischief and fraudulent act on the part of the Appellant. The Tribunal observed that it may be taken as filing false affidavit before the Court or defrauding the proceedings of the Court by way of filing the affidavit.
The Tribunal concluded that the Appellant was forum hunting. It was observed that the platform of the Tribunal or the Courts cannot be made a platform to compel the opposite party to pass a desired order. The Tribunal noted that even if the order as stated by the Appellant was without application of mind, it was contested for more than two times before the Hon’ble High Court and it was passed by a competent authority having jurisdiction to decide it. Therefore, the Appellant was bound to follow the orders especially the directions issued by the Hon’ble High Court.
Accordingly, the appeal was dismissed.
The GCZMA was directed to ensure that the order of Hon’ble High Court of Bombay at Goa and the affidavit of the Appellant to the effect that the illegal construction shall be demolished must be complied with. The Appellant was directed to pay special cost to the GCZMA as a cost of litigation, which may be utilized for the environmental purposes by the Respondent No. 1.
