The high court of Bombay at Goa has issued a notice before admission to the state government and other respondents, returnable before November 21, 2016, in connection with a writ petition challenging all approvals granted by the investment promotion board (IPB) in coastal regulation zone (CRZ) areas. Goa Foundation has challenged the six approvals accorded by IPB, including two hotel projects at Morjim and Mandrem, within the no development zone (NDZ), demarcated as turtle nesting sites under CRZ notification 2011; a marina in River Zuari, Sancoale and another approval to develop marina facilities on Zuari’s southern bank near Nauxim village; and three separate hotel projects at Deao-Quepem, Benaulim, and Varca. All these projects come under CRZ area, the applicants argued. The division bench comprising Justice F M Reis and Justice Nutan D Sardessai granted interim relief restraining the projects from commencing work. The judges held that the in-principle approval granted to the concerned respondents would not be the basis for the concerned authority, examining any application for approval in CRZ, in accordance with law. The judges held that, after hearing the counsels appearing for both parties, they found, prima facie, that Section 8 of the Investment Promotion Act, 2014, clearly imposes restrictions to make any recommendation to projects within the CRZ notification, barring those related to foreshore facilities. “In the present case, there is no material on record, prima facie, to show that the projects which have been approved are provided only for foreshore activities,” the interim order noted. The petitioner also alleged that the IP Act, 2014, allows project proponents to bypass all state, district and village-level laws under the garb of facilitating investment. The petitioner also pointed out that the board’s decisions may be final, as none of the bodies may take decisions against those of the board which is headed by chief minister. Further, under Section 23 of the said law, the secretary to the government can issue approvals if a statutory body, like a local panchayat, does not grant a construction license to projects cleared by the board, which appears to be unconstitutional. The petitioner has prayed that the “in-principle” approvals to all six projects and other orders issued be declared illegal, null and void, and thereby quashed and set aside.
2016 Bennett, Coleman & Co. Ltd.