Asks Goa Marriott Resort builders to clear access to the beach; NGPDA asked to check for illegal construction on the river side of hotel and “restore the area”; Goa Foundation wins 22 year battle with owners of Marriott PANJIM: In an order that comes after 22 years, the High Court of Bombay at Goa has asked Palm Hotel India Ltd (builders of hotel now managed by Goa Marriott Resort) – to clear an access road for public to Miramar beach and directed the State government to undertake measures to prevent erosion of the river bank and siltation of Mandovi River along the jurisdiction of the resort. For any damage, the court has directed the government to take necessary action against Palms Hotel for restoring the area within six months. The order comes in response to a petition filed by Goa Foundation and one George Rebello of Miramar, alleging that Palms Hotels’ construction violated the CRZ Notification of 1991 and as such, the project was within a distance of 100 metres from the river bank. Advocate Norma Alvares appearing for the petitioners stated that requirements of CRZ-II were not complied with. During the course of arguments, that continued for over 20 years, Alvares pointed out to collusion between the government and Palms Hotel to mislead the correct facts in filing documents and affidavits. “The government officers deliberately feigned the correct position by claiming the hotel project comes within a distance of 1.5 km from the High Tide Line overlooking the provisions of the Regulations as well as the intention in constituting CRZ areas to allow the hotel project of the hotel,” she stated. In addition to this, the development obstructed public access to Miramar beach while also during construction, the sand dunes were removed affecting and degrading the area which is ecologically fragile for erosion. Further, the Town Planning authorities had approved the plans on the basis that the areas came within CRZ-II but instead the plans produced on record showed the path between the hotel project and the river was not approved by the concerned authorities. “This is a fraud committed to mislead the authorities to obtain the permissions for the hotel project at the site. There was no approved road towards the seaward side of the hotel, the question of contending that the construction is within the norms of CRZ II is totally farfetched,” she said. The government counsel D Lawande contested the argument claiming the area was within the CRZ-II following which the permission was granted. In the order pronounced on Monday, the division bench comprising Justices K L Wadane and F M Reis directed the government, including the North Goa Planning and Development Authority, “to examine whether any construction activity carried out by Palms Hotel comes towards the river side of the imaginary line to be drawn from the Light House shown in the plan of the Court Commissioner parallel to the High Tide Line in the manner as stated herein above and thereafter proceed to take necessary action against Palms Hotel for restoring such area in accordance with law within six months from today (Monday).” The government has also been asked to take all measures to prevent the erosion of the bank and siltation of the river Mandovi along the concerned land of the two resorts. “Palms Hotel and Marriott Hotel shall not obstruct the access of the public to the subject beach through the said reserved path and the State shall take all measures to make such path accessible to the said beach in accordance with law,” the order reads as while disposing of the petition with costs. Chief Secretary, Goa government, Goa State Committee on Coastal Environment, TCP, Corporation of the City of Panaji, Captain of Ports, Ministry of Environment and Forest, Palms Hotel, Goa Marriott Resort were the respondents.