The Marriott's sea lounge
The Goa Marriott stands along the mouth of the river Mandovi, right next to where the river joins the Arabian Sea, a potential Coastal Regulation Zone (CRZ) area. Environmentalists say the hotel is illegal because it violates the CRZ notification. Claude Alvares, director of Goa Foundation, has filed several petitions against it.
In 1992, when the CRZ notification came into being, the property was called Palm Hotels. Petitions by Goa Foundation have been filed against violations from felling of trees to non-existent roads, to building approval itself, even before Marriott took over in 1999. The issue is when the hotel started construction. Environmentalists allege the hotel was built post-CRZ. But Oswaldo de Ataide, an advocate who was associated with the Marriott cases, says, "Construction may have started after 1991 but the project operation began before 1991.He also told Down To Earth the Supreme Court had, in January 10, 1994, ruled, "it finds no reason to interfere with the project'.
The problem is defining what is legal, or not. The Goa Marriott does not violate CRZ rules, says Ataide. "We are 1.5 km away from the High Tide Line and going by the 1991 notification, we do not violate the rules.' Under the notification even bays, estuaries, creeks, rivers and backwaters influenced by tidal action (in the landward side) are included. The notification says that the restricted distance of up to 500 metres from the high tide line can be modified on a case to case basis, but it shall not be less than 100 metres or the width of the creek, river or backwater, whichever is less. It qualifies this saying that the distance up to which development along rivers, creeks and backwaters is to be regulated shall be governed by the distance up to which the tidal effects are experienced, which in turn, shall be determined based on salinity concentration of 5 parts per thousand.
While Alvares says that if and when they get a final hearing, the Goa Marriott will have to be demolished, Ataide differs: "The Goa Marriott is on the landward side of existing authorised structures and it is in CRZ-II zone and hence we are safe'. The confusion continues.
