No.REf / CNV/ PER/ COLL l04 120't I /, iGovernment of Goa, \9O{Ece of.the Collector,North Goa District,Panaji - Goa-

Dated : -dJ l05/2013

- W-here*s an application has been rnade to the Collector of North Goa(fIffq{fteftrr refe-rred to as "tJre Collector" which expression shall include 8n} offrcerrnhom &e..f-.gllg tor,$hrglt epp.o:nt tp exercise and perform his powers arrd dutres underthis,glsJl$.uq$€r g€ction 32:qf the Goa, Dasran and Diu Land Revenue Code,l968

therqae.fferre&:ra'ed to,as'the said code which expression shall, where the conrexr so- adqrtsinqtqd€ the rules and or4ers thereunder) Mls. I,eadtaE trIotels P-nt, Ltd. being

ttre oceupants of t-he plot regisrered under Sutv.ev Nos.4/l{Fa"rtJ. a/2 tPa$t.5/3

$nr*lt,*|. ffi*tl. $,l,$,lfe*I, 5/3,fFa$), 814 l*qrt'},. 6./2 lPartl.-6ls (P*rtr. 6./g

tE4l'...S'{,lS(HStl'* E{r Farft ?f3{.Ea*}" Elg{**rtl. +lg$iBp!t}. gl.9lP.artl.

wn as = Situated at T!tscol. Per-cern f;?luts(herei*qftsr referred to as "the applicants, which expression shall, where the context

so admits inslude his/her heirs,executors,administrators and assigns) for theperraission to use the plots of iand ( hereinafter referred to as the "said plot"

describpd in the Appendix I hereto, forming a part $unrev !tos, 4/ llPl[$?9l0 sq.qtsl,

_" ilJ€ tffil€fiF, q.S.qqlql" $L:S fFlI6s"Eo s.q.+qtgt 5/5lFll$73,3 sq"F\,ts + 1s92 ee.ntsl.

sg,a:ts + ?1.8 sg.mtsl. 5/8 tFl[46&F tq.ptsl.

sg,,ntEl. 6/8 IP[s8o eo.+tsJ- 64S{P[ro93

?/:StPllXOOO eq.Iattl. 8/ZlPl[143O sq,ptsl,

Elft$ffi4F?e es.qtdl El?tPIt4980 sq.qtsl, 915[g1158?5 se.qtsl. 1!/+ lPlFsS0--( q*.J$fd}$.rf3;{2 f8;l[?2{}:6 esqtsl total admeasuring 1,p2,559 sq.mts for t}.re purpose

of CogaF.etgi+l nuln og g. { Fc g TouriS m ac tiviti gsJ.

Now,this is to cerrify that the permissiorr to use for the

granted, subject, to the provisions of tl.e sard code, and rules there u

following conditions, namely: -

l.taTelllrq and,glelr fl -The applicants sha.ll be bound to

arrd clear the land 9uf&-eie-n!ly to render suitable for the particular non-agricultural

purgqse for w.luieh the p.errnission is granted to prsvent insanitary conditions.

Z.4qp.,gep+,p+t - Tha ,{pplicants shall pay tJre non-agricultural assessnrent

when fixed by the Cqllector under the said Code and rules thereunder with effect from

the date of this sanad.

ItII#* - The applicants shall not use the said land and building erected or to be

erected therreon for any purpo$e other than Cg,m,mercial purpsse lEco Tourism

actlvi$*F,l, without the previous sanction of the Collector

4.,Iit+hlHfv for rates - 'fhc applicants shall pay all laxes, rates and cesses

leviable on the said land.

/ &;&k,7 gf.lfif, fu"Se{aq3;aF4ffiE&nee /chn?grsisa cruse orhrra an lrton-aaricr,dtr,trcJ l,ssessrnFnt l_,R ulc$,J 06 9 Jr

I

E;"*-.d

Contd/- Pg.2

S.FenaIt{ clause - (a) if ,0. .;;*"rts contravenes any of the lbregoing

conditions the Collector may, without preludrce to any other penalty to which the

applicants may be liable under Lhe provisions of the said Code continue the sard plot

in the occupatron of the applicarrt on payment of such firie and assessment as he may

direct.

(b) Notwithstanding anything contained in sub-clause (a) it shall be lawful for

the Collector to direct the remqval or alteratisn of any building or structure erected or

use contrary to the provisions of this grant within such time as specilied in that behalf

by the Col.lector, and on such remova,l or alteration not being carried out and recover

the cost of carrying out the same from the appticant as ar arrears of land revenue

6.alThe lnformation, if any,furnished by the applicant for obtarning the Sanad

is found to be faJse at later stage, the Sanad issued shall be liable to be wrthdrawn

without prejudice to the legal action that may be taken against the applicant'

b) If any dispute arises with respect to the ownership of the lancl, the Sanad

greurted shall stand revoked and the Construction/Development carried out shall be at

the cost and risk of the applicants.

c) The necessary road widening set-back to be ma:ntained before any

development in the land.

d) Traditional access passing through the converted land, if any, shall be

maintarned,

e) No tree$ shall be cu.t except with prior permission of the competent authority

f) ln the event of any violation of conditions specified in the Remarks Coiumn o{

this sanad, the sanad is l iable to be revoked.

7. Code provisiols appiicable -Save as herein provided the gra:rt shall be subject to

3

, ial l (PlF i - . - ' " - - - - '

s/s{Fart) p/3 h/1, s/sI ln. c. re

,,-.---*---,+**---+f /2(P)& i + lz lp l il / 1 (P ); t \ 6t l ls ls, Ai-t j NIL

/7(Part) & s / s l7(Pt, \s/7 e/8 & s /e i5 /6

,y;/,2 the provisions of the sard Code and rules rhereunder'

lrr ./ APPENDD( - I

,/ (A) Area proposed Jor conuersion betqxzev -2JForming

{part ofSurvey

Area i No. orflissa No.

1695 m2

6660 m2

/ s & s / 3

BOUNDARJES

APPENDIX - I

4 / 1 {P ) & I

s /s

4625 mt 5/8(Part) :5/8 & 5/7 Ia l5is s

f ' n n t d / - P c ?

I te+st lapdr Ereadth

[Iest r

TotalSuperflci

- 3 - -

APPEI'iDIX .- f-qpessg&rcsrg9r-:-io-4ggcorl"F.Q.9*r'.j:Irelt-grL

i

Forning i{part ofSunrey

BOUNDARISS

iRemarks

6

al Area l{o. or

i i tra State ,i l l i B ; " ; ; ; ,iN;ifpF 'babrel i000-frtl " tTstpl VB e? fir-

-sl r

- i 7 138 1 I _ . s l t , s l tL 2 l 2 | 8 1 2 3 & 8 / 1 2 &

| 121? ! I?t?L 2 l 2 t r 2 l 2.ieso

"irT* g; t2tpl-lglz a efiibTr ugtC elr 1, en e

t 7 l i e , i l r ' ; 9 l r | 7 1 3 ' 7 l r

l - - - - - ' : - ; s i s , - ; i J , l i ; Ii e /2 e , :e l s , e l7 ,; A / t S , 9 1 s , 9 1 9 , , 8 / 1 3 e i 9 / 7 ( P ) 'i i 1 2 1 8 , : r 2 l l i e l e { P ) & l

Ieogth and I

A}PPNDTK - I(C_),Argqp,y13p.iisgiii fr1 qolgelsion bsge*4 lQo mlsi|o -ryt HTL

, Formtreg

ffi;th -

,_ Tot{ - (part of BOT'NDARIES

I *l .Igiglg ,-P".l19*c'RADxD TorAL pnopspb ensA FoR convpRsroN (A+8+c1 =

$.enrarks

6

NIL

I

Renrarksj-93682 + 35062 + 3815 = 132559 Sq.mts

1. The conver'siun is recornn-rr irdrcl i : i , the Chicf ' [ 'ou'n Plq:rner an<i 'r l1 l i re ' f l ' .vr:

Plarrner, Town and Country Flarinirrg i)cpartmcnt, I 'ern*nr' ;rdc: t l ieir rcpor[; ' ; Nrr,

3 6 l I / T C P / r 3 4 1 2 0 1 3 / 1 4 4 5 c { a i t c l 0 9 , 1 , } i 2 0 } 3 , r r : r i N r : l ) r \ r ' 1 r ' : , i l ' : j i r i : , f i 1 : u r I

131 160 datet{ i0/04 l '2a i3.

2. The Development sherii be smcr-ly can-iect out ur$ pcr tlrc i.:co four.rsli Poijc'v oi thr:

Regional Plan for Goa 202 I {Retease-l and addendum to the s;rme in Releasc-llli ;

- 4

3. The conversion in respect of the area between 0 to 200 mts of high tide line and rn

respe€t of area within IOO mts from River Tiracol and area designated as Eco

Sensitive Zone as per Regiona.l Plan for Goa 202 i will not be allowed

4. The applicant before commencement of an1' dwelopment activity wrthil CRZ area,

shall have to take prior approval of GCZMA, Ministry of Environment & Forests'

Government of Goa of lndia as mentioned in their letters No. GCZMA/ N/CONV/ 1 i

r 2 -g43 da ted i 5 / 1112011 , No . GCZMA/N /CONV/13 -14 /258 da ted 24 l0412O13 ;

5. The developer shall strictly carry out development as per Eco 'lourism Policy and

floor area of Goif Resort shall not exceed 40,Q00 sq.mts;

6. Furt}er arry development in the plots shall be governed as per the Rules and

regulations in force;

T. Prior NOC for cutting of sloping lancl and filling of low lying lald shall be obtained

under Sectjon l7-A of TCP Act;

8. The deveiopment/construction in the piot siia1l be governed as per rules in force.

9.This conversion recommended should not be considered as permission for

regularization o[ construclion/d.evelopment activity in the said property'

lO. Any other N.O.C if required under arry other law shzrll be obtained from lhe

concerned authority;

11. The Deputy Collector & S.D.O, Pernem has given a finding that the 19 properttes

appiied for conversion aJ.e not Tenanted as orr 021 \I I 1990 and thereafter;

12. The Dy. consenator of Forest has given No objection r,ide his letters No'

5 / C N V / P E R / D C F N / T E C H I 2 Q ] 3 - 1 4 l 2 3 1 6 6 d a t e d 1 6 l 0 4 l 2 o | 3 a n d N o

5/CNV/PER/DCFN/TI- IE 12013- 14l39 datec l 19lOa 12013

13. The appiicant has paid conr,'ersion fees oi Rs'1,98,83,85o/- (Rupees One Crore

Ninety Eight Lakhs Eighty Three Thousald Eight Flundred and Fifty Only) vide

receipt No. CN300420133207 dated 30/0412013

In witness whereof the COLLECTOR of North Goa district' has hereunto set his

Signature and Designature of Witnesses

Complete address of Witrress

I l-t, No' 513* {Ar-leru-vcr-fL"r$d /l.\

hand and the seal of his offrce on behalf of the Administrator of Goa, Daman and Diu

{ R. DfiIITR vARErrAt{ f"Collector of North Goa

2. fltl, b,a,Efi,-{.aa ,fltt,4szq4{]Ft 'lr"lr, -v

- ' - -T - - -

- 5 -

We declare that Ms. Pu,rtt lhthpalta, who has signed this Sanad is, to our

personal knowledge, the person he/She represents Herself to be, and that he/She has

affrxed his/her signature hereto in our presence.

1. The Town Planner, Town and Country Pleinning Depa-rtment Pernem

2. The Mamlatdar of Pernem ]'aluka

3 The Inspector of Sun'ey and Land Records, PanEi

4.. The Sarpanch, Village Panchayat,Tiracol, Pernem , Goa

CERTIFIEO TRUE COPYBEFORE TIIE NATIONAL GREEN TRIBUNAL(WESTERN

ZONE) BENCH, PUNE

APPLICATIoN No. 135/20 ls (wz)[M.A. No.259l2015]

CORAM:HON'BL.E DR. JUSTICE JAWAD RAH(JUDICTAL MDMBER)

HON'BLE DR. AJAY A.DESHPANDP(EXPTRT MEMBER)

2 .

SecretaryF1oor,

4. GOA STATE POLLUTION CONTROL BOARDThrough its Member Secretary,Dempo Towers, First Floor,Patto, Panaji, Goa.

AUTHORITY

(t) Application Na.x3S/2A15 (wz)Page 1

/a' 1', \,?f d Y ,, 21"t December, 2015 that all the three matters related to\

,,.i.. * -r. -r"

i.! this d.evelopment proiect will be heard separately butt " - -

tffiiu,,

adjudicated. It is also necessary tb take a note that the

present iitigation has travelled a long way wherein the

interim orders of the Tribunal were challenged on the

jurisdictional ground before the Hon'ble High Court of

Bombay at Goa and aJter the decision of the Honble High

Court of Bombay at Goa, the Tribunal has recorded on

have

by

proposal on 4tL February, 20 tr3 and 8th March,

!c"L were raised and

raLs i r ,uuru l rLJ rer

of Environment and

(ii) The SEAC raised total nine queries on .the project

proposal which were subsequently responded to by

the project proponent but t-]:e same were not

considered by the SEAC.

(iii)Such response of the project proponent was not

brought to the lceowledge of SEAC, as such, ald

(t) Appliaition Na.135/201s (wz)Page 3

fr":.

only Chaiiman and Member Secretary of SEAC

have signed the recommendatory note dated 10*'

April, 2013 for consideration of SEIAA, without the

approval of the SEAC through a properly

conducted meebng.

(iv)The SEIM considered the proposal on 12th April,

2013 and the Minutes recorded that the proposed

built up area is 58,416 sq.mts whereas the EC

granted on the same date refers to BUA about

3,31,854 sq.rritis.

a11ege that the ProPosal

appraised as

ons, 2006 (EC

further the

such

:#hen they were

, the Applicants

ted without proper

scrutiny a4d apprarsdl by SEAC. It is further

ired to normally

SEAC and in case of

commendations of

go back tc SEAC as

per the provisions of EC Regulations' The

Applicants further allege that though SEAC in its

meeting has recorded that the MoEF may be the

competent authority to grant EC, SEAAA has gone

ahead to grant EC based on purportedly

unauthorised note from Member Secretary,

Chairmaa of SEAC.

Page 4

e pr.opo9a.{;hd,ie1 Pro

(t) Applicottan No.135/2a15 lwz)

5. M/s. LEADINGHOTELS- .Havine office at 573, Road 4'

La CamPal, Miramar,Panaji, Goa.

. . . . . . .RESPONDENTS

counsel for APplicart{sl:

Mrs, Norma Alwales' Advocate a/w Mrs' Supriya Dangare'

Advocate

. -.lvif shivan Desat,

LI

related to

said project

separately

clearance

present

U appltcation No.135/241s (wz)

r

4. There are some other technica-l issues which

have been raised by the Applicants which are generally

covered by the nine queries raised by the SEAC The

Applicants a11ege that these queries are critical from

environmental protection and conservation point of vidw

ald the lesponse of the project proponent is required to

r\,, be evaluated arrd ap.praised by the Expert Agency

L

1. e .

do

onal

withdrawn the

Green Tribunal

calnot invoke the

provisions of Section 14 to challenge the impugned Eb

dated 12th April, 2013. The Respondent No'S submits

that even thoqgh the fraud is alleged, it could have been

taken as one of the gtounds in the Appeal.

lJ) Appiicatian No.135/2015 (wz)

Resp

Appe

A n f

/ \);! , l\.:,,.;; /' r t5.

The Respondent No'$ has f i led MA

lftfls5gl2o 15 raisine prElllninary ofujee'dons to the

' ^ .sndtutai{aability of the present Applieatiory Respondent

PPlicants hatd "viinhdrawn theNg$" sirhmlts that the A

.&#*C?t" the EC dated 12'r' ,{rpt-il4 $013 vide Pursisto thelnoiflaGd t2*

e-ry #1isb;., :.1,, :,1 ,.it'. ',.;l:

1oi,'

ff2015. Although

liberw"leE! eitee* bv the spinirr-I?q@'file an Application

under Section lii, ,r,ti* tituiiv *"" provided as per 1aw'

t

Page 5

raised. And

for di

8 . ts submit that the

the grounds of the

fraud committed by SEAC and SEIAA in circumventing

the due procedure as prescribed in the EC Regulations,

2006. They further subrnit that such a fraud has an

environmenta-l consequence as the project in question is

a large scale project having significant environmental

(t) Applicotion Na.1j5/201s (wZ)

t,

impacts and the same has not been appropriately

appraised by the concerned authorities' Applicants

submit that the fraud also includes representing wrong

material facts or omission of facts necessary for taking

decision. They contend that the fraud is evident in the

nresent case as there are no SEAC Minutes of Meeting

licant as well as

Respo

No.5

roject of Respondent

related issues and Honble High Court of Bombay at Goa

has given stay to the construction of project except two

villas. And therefore, there is no material progress of the

project development at the site'

in terms of tenancy

(t) Applicdtion No.135/241s IWz)

PaEe 7

10. We have gone ihrough the allegations made by

the Applicants and also the preliminary objections ralsed

by Respondent No.5. Both the Applicants and

Respondents have relied on several judgrnents to advance

their arguments which are listed below;

aflshore Engg4l decided on

&07.05.2015

',,*$grtted & Orsn*'\"No.97/2O 741

Re

(7) Rc:tri Devi & Ors. CtlrllAppeal No.09.10.200s

7 of 20731 decided. on

& Anr. Vs, Union oJCases 7261

& Anr, Vs. Union ofIndia & Ors. [M.A, No'7O4 of 20.72 arising out ofAppeal No.39 oJ 20121 decided on 14.03.2013.

(3) M/s. Medha Patkar & Ors Vs' Ministry ofEnuiroftrnent & Forests & Ors. [Appeal No,1/2O73]deaded on 11,07.2013.

ft) Sudfep Shriaastaoa Vs. Unlan of India & Ots.

[Appeal No.3.3/2O13] decided on 25 09 2014'

(t) Appticdtion Na,t35/2015 (wz)Page 8

$' "l'

lij Grantpanchagat Tlroda, through Deputg'SLrpanch

dnd Mr' Ajag Shiuaiiroo Bhonste Vs'

tWtitstrg oJ Environment and Forests & Ors' [AppealNo.2/2O731

(6) Aradhana Bhargav and Ors Vs' Ministry of'Eru)iroftment

and Forests & ors' [AppltcationNo.71/2o731

(7) CaaeTosstm Vlllagers Forum Vs, ViIIage Panchagatoj Caueflasstm & Ors. [M.A. No,77/2O15 in Application

No.67/2o741

Sunll Kumar Sa'rrco:nta Vs, West Bengal Pollution*rol Bodrd' A, @t$y,{U.e- No, 573/2o 7 3 in Appeal

::

Bablwlkar & Ors. Vs.Deaelqprnent CorPoration &

, M.A. 'mpq/2o74

In Appealppedt I'1a.4/9tu141

Minlstry[Appedl

eral Shri

Authorities

Notification refers to the procedure adopted by the SEAC

wherein such meeting of SEAC is not mandatory' He

further submits that this project is a construction project

which is covered und.er the Entry-8-.A of the Schedule of

the EC Regulations, 2006 where the generai conditions

(t ) Appl icatian No. 135/2A15 IWZ)

Page 9

referred in the schedule of notification are not applicable'

He, therefore, submits that the observations of the SEAQ

related to interstate bounpary as referred in the general

conditions is not applicable in the present case and,

therefore, SEIAA is competent authority. He further

submits that the SEAC conducted the appraisal of the

the Member

the

conspectus of the

of the impugned

EC. ponent applied 'to

SEAC e on 24\ January,

2013. The Goa-SEAC considered the proposal of

Respondent No.S at a special meeting which was a-lso

attended by GSPCB officials on 4th February, 2013

wherein five (5) queries were raised for due complialce by

the Respond.ent No.S. Subsequently, the SEAC and

l) Applicotion Na,135/2015 (wz)Page 10

GSPCB conducted site inspection of the project of

Respondent No.S on 8* March, 2013 and four additional

points were raised regarding the project of Respondent

No.5. Thereafter, on 14th March, 2013, the five issues

raised by SEAC on 4ih FebruarJr, 2013 were addressed by

the Project Proponent. Subsequently, on 9th April, 2013

Project Proponen! filed response to the remaining

its site inspection on 8e

r 10fr April,2013, a note duly signed by

P.f sEAc (page 65

'site-specific

of project

rt Appraisat

submitted

considered the

sion anl.

decided to

proposa.l 12th April, 2013 and

lru to tne lmpugned

proje April, 2013 and the

the ffiutes of such meeting

dated 12e April, 2013 are signed on 15m April, 2013.

13. A11 these chronological events would clearly

indicate that the note dated 10tt' Apd1, 2013 signed by

Member Secretary and Chairman of SEAC has been

issued without such resolution or tl:e decision of SEAC

. . : r i h "\ \ / t ' .

l':.:8.8

JJ,W'/ ; O"l, i"i 1.tr{.

(J) Appticotion Na.135/201s (wz)Page 11

taken in a particular meeting Even, no records ale

placed before us to show that such a decision was later

ratified or concurred by the SEAC' Admittedly, the

meeting of the SEAC was only held on 4s February, 2013

and subsequently, there was a site inspection on 8s

March, 2013, which was attended by few of its members

d cannot be constlged as meeting in true sense' The: , ,

icalts have sfd9lidr,gtlsly argued to claim that this is

fraud committgd.,by tfre Member Secretary and

the project

EAC.L

limite cessary to

, 2006.

refers to the

Anrraf imcnf ac ner fhc

the Notification. A

indicate that the

SEAC comprise of subject experts with requisite expertise

and experience in multldisciplinary subjects lik-e

Environmental Quality, Sectoral Project Management,

EIA process, Risk Assessment, Life Science, Forestry and

Wild Life, Environmental Economics with experience in

(J) Appticotion No.13s/2a15 (wz)Page 12

project appraisal and Public Admmlstrauon or

r \ , f ^ - ^da ' i a - trY r4 r4Se IN r r ! .

15 . It is manifest from such maldatory

composition of SEAC that the legislature has rightfully

accorded prime importance to the scientific arrd technical

evaluation and appraisal of the EC proposals to ensure

the sustainable derreloprnent, without significant\

Noironmenta.l imeaeU;'. it is a well settled position that. ,! ."t, . r., r :.'

.ent is a mii-lliil+disciplinary subject and therefore,

. i ' 'dlat" ."p""t"d to tppr"i3&trre-projects with the

k"ror*^O expertise.- avulhlte .:vrttr it Theli %f'.':pdJlFVI a{so stiPulates:s stringorr! criteda for such

, - ' . '

eiiii&#s to.lbe Mpmber of SEAC.

dions. 2096 also'$tipulares thar,ns, 2QQ16 dl6o sttipulates that

,- plff#rJ'$"nth and urlsot '

p1e of collective

that the Chairmal

consensus 1n eacn caseand if

co view of the majority

shall

L6, The Appendix-V also prescribe the procedure

for appraisal of the project arrd also stipulate that the

Applicant (Proj,ect Proponent ) sha.l1 be informed at least

15 days prior to the scheduled date of meeting for

considering the project proposal, Further para-6 of

(t) Applicotion No.135/2415 (wz)

f the

Page 13

Appendix-V stipulates that the Minutes of SEAC meeting

sha-ll be finalised within 5 working days of the meeting

and displayed on the website of the concemed authority.

In case the project or activity is recommended for grant of

EC, then the minutes shal1 clearly list out the specifia

environmental sa-feguards and conditions. This particular

transpa-rency

33. Tte e'ipression, 'implementation' appeaing indi.fferent statutes has been disczssed bg us in somedetail above. At this stage, we must notice that underthe Statetnent of Objects and Reasons of tl9 Act 1986,the pimary concerrL Luas ouer the exisling sLc.:€ ofenuironment, that is ttle declire in enuironmentalqualitg, increasing pollution, Iass of uegetal cover andbiological diuersity, exceEsiue concentrations of harmf'llchemicals in the ambient atmospLere and in foodchains, growing isks of environmental acctdents andth.reats to lik support sAsterrLs. Tluts, to preuent and

oft

nt

4

(t) Application No,135/2a$ lwz)Page 14

*\lslfal. it is empoLuered to issue prohibiLion or resticrion'

l fi locorion of such industry and the manner in rDhich' / 1 \ : , , - - - , - ^

control these pollution retated problems and to preserue

rtholesome enuironment for the 'ommunitv at lqrgq tlE

prouisiorts of ttle Act of 1986 Act were enacted. The

Act of 1986, prouided both for procedure as 'aell qs

regulatory regime for protedion of enuironment thereto,

In exercise of the powers conferred under Section

6 and 25 of the Act of 1986, the Central Gouemment

had framed th.e Rules of 1986. under RuIe 5 of the said

Rules, the Central Gouemment is empouered to pass

certain prohibitory or resticted directions in relqtion toth.e fietds stated under th"at RuIe, In terms of RuIe

i tn49?"ocess is ta he caryied on. The arant or refitsal ofion is. thus. the

alter

who

As alreadgan expen

lau,

ansandthat

themembers

then brons, ltspeople sticuA

sionallArs ot

rtLproperand *e

qppLta ent for grant of

Environmen arart;b/ Authorization. The

els

L.andt6" t4

r . ; l r :

i"*trc,'

a

thEnot e or are not hauing

requisite expertise and experience in relation to the

vaious fields of enuironment and the process iNualuedthErein, would cause seious prejudice to all the stake'holders and more Partiq)larlA to tLle enuiranment Lndecologg of the country, It is an accepted social norm thatpreuention is better than cure. If tlg projects are cleared

bA class of the persons afore-stated then such proiects

when made operational, mag haue seious aduerseimpacts on the enuironment and cause environmentalhazards. It tuould be better to preuent participation of

(l ) Applicotio n No. 135/2a 15 lwz)

Page 15

such persons in the process of appreciation and grant of

"or"int/ "t"oran"./ iuthpnzation rathet than to frnd

remedies to the problems of potlution resulting from

improper exercise of powers by such persorts Appendix

vi to ih" Notitr"ation of 2006 issued in furlherance to thepouers uested bV the Act dnd is subordinate/ delegatedIeaislation and thus, would be an integral part of the

al. fhere\ore, cornpliance and proper implem;entaf idn of

tte prouisiorLs falling under and arisirg from the

specified Acts in Schedule I would be m'atters rai'sing

iuaitantiat questions of enuironment, lence covered

under section 14 of tLLe NGT Act (emphasis supplied)

po]A"yrecord

'siven

#. .i

e Rules. Neither,

d Chairrhar-t

hich we are

to note that

which were

roject proponent and the

or eva-luated by SEAC.

show that

theffi.

subsequen

same have not been considered

as enumerated in EC Regulations,

carried out by SEAC and further

issued by the Member SecretarY

manifest that the

the project proposal

2006 has not been

based on the note

and Chairman, the

SEIAA has taken a decision to grant the EC' Thus, in

view of failure to observe the procedure enumerated in

ttre p-q@eqgcase, 1

; t : ' :

:*9*

(t) Applicatioh Na.135/2015 {wZ)

Page 16

the EC Regulations, 2006 and also to observe the basic

principles of natural justice, the decision of Member

Secretary and Chairman of SEAC to recommend the

project for grant ofEC vide note dated 10th April, 2013 is

'non-est'in the eye of 1aw for the reasons discussed so

with this thg questions as to whether

iy limitation of time ot whether

.in Application under section 14

wer, in negative.

tire BC dated

a-lso n

whe

atory

SEAC meeting

ca]l ainount considered opinion, this

dr

y.-

; J A{ , t

i@J,is\ ; ?

i \ {

'lii,-,...,,.,

may not-be strictly under the category of fraud but

and irregrJlarity, but

ity. The project in

question is not a prohibited project but a permissible

regulated activity. The project activity can be carried out

with necessary environmental clearance ald the CRZ

clearance. In such cases, the Tribunal will have to look

into ttre ba-larrce of convenience and ge4erally in the

lJ) Applicoion No.135/2015 lwz)

Page 77

convenlence

is a party

23. It is submitted before the Tribunal that the

project is also facing 1ega1 hurdles as far as the tenancy

issues are concerned and there is arr operating stay

against the project acllvities given by Honble High Court

arned Counsel appearing lor

project by

iecord within next

environmenta] matters the balance of

always towards "environrnent" which

lJ) Applicatlo' Na.13512015 (wz)

1S

1n

absehtia.

four (04) its recommendations to

SEIAA who appralseise the orproject for a

(04) weeks from

ndations of SEAC.

se project without

t getting influenced by any of

the observations in this Jrrdgrnent.

3. Chief Secretary, State of Goa sha-11 take note of the

conduct of Member Secretary and Chairmar of SEAC

and take suitable action as required.

,,./Respondent No.S-Projoct Proponent submitted that no,/: ffi' %

aevffi1+t activi.tlli:s are eresryP.dryC on at site. In' - . " ;w . ] f . 1 - . rw ,' r,*ffi* pf{,this f4ct qjrd,{iil*ao iu the l$#ere*s,of justice, we

any prejudice, wi

Page 18

2+.

disposed

Miscellaneous Applicati

Applicati

along with

No.135/2O15 is therefore1S

a.l1accordi connected

The

of

wittr no orders as to costs.

1 ^i l t 4

/'^^A'4-. . . . . . . . . . . . .1.t . . . . . . . . . . . . . . . . . . . . . . ' . ,JM

{D1, Jta*ttee .tawad Ra$iml

(Dr,AJay A. DeshPandel

.ce ifedihatthisis a1rue and 8.c!mlecopl,o l lhe documeni 0r ordef 'Ci r lhe ! i5 ! ' ,(APPjcal on / Atr':_ l-f' : \) \

i h r i a l l t l c r r i l '

t . i . . r , ; r i ' :

ft,o,o*'b

NATIONAL{I) SedalFlo otti8c'fl

(iii) oat! a{9.c$hli$r

(vl,j)Dde gs€n tr

Reg- fiof)ete : ..

iEffi;#-'***'

CERTIFIED TR|.,ECbPY

?t <z...... '_.];i=r-'.g)*.lze-rc

r,,reenrQ(eotrexen,'13[?liii']' ;'"u' **'

Panali " Goa

ced E:;n;Xtc;;'o8r202o

GOA STATE ENVIRONMENT IMPAcr.t::uttMENr AurHoRIfi

EIA-Goa State Secretariat'

o/o G o a s. "",'.^ffi i;;-1,1': : :: l':. llllf.?,,."{i"ff ;?A;"" "*.;;};il, t"Tr j :. :';i ; ;o; oo'

Fax. no': 2438567Phone nos':2438528

e-mail: goaseac@ gmail'comApril2013

@rE-DIR/tz

(, "Leading

Hotels Limite d'

573, Road Four'

La CamPala, Miramar'

Panaii, Goa - 403 001'

Sub.:Sett ingupof l8-holePGA.standardgol fcourseandEco.resort insurveynos.2to13(P)ofTiracolnirrug. io- i . io" .* ta lukaofNorthGoadistr ict .

'sir,

r am directed to refer to your apprication dated z+th J1u1:': t^tt' seeking prior

Environmental Clearance (EC) for the above project unr-1er the ErA Not.ification' 2006',

Accordingly, the above proposed has been screened and appraisecl uncler " Category 8 (a)

- Building and construction proiect,, on the basis of the documents enclosed with

application viz, Form L and Form 1A as well as in response to the pr.ject-specitic

obsewations (i.e. project presentahon fororuedby site-inspection)consiclered by the Goa state

E x p e r t A p p r a i s a l C o m m i t t e e ( G o a - S E A C ) a n d s u b s e q u e n t l y b y t h e G o a S t a t e

E n v i r o n m e n t l m p a c t A s s e s s m e n t A u t h o r i W ( G o a - S E I A A ) i n i t s E i g h t h a n d N i n t h

meeting held on 1s APril and 12h April 2013'

2 , I t i s n o t e d t h a t t h e p r o p o s a l i s f o r g r a n t o f p r i o r E n v i r o n m e n t a l C l e a r a n c e ( E C ) t t l r,,proposed construction of a golf course and Eco-resort in survey nos' 2 to 13 of Tiracol

village in pernem taluka of North Goa district,,. proiect deta*s ancl sarient features of the

proposed developmental activity is as under -

a. Tiracol land area - 13'84'000 sq'mts'

b. Total ̂ tq;;;;;nd (including' viliage) - 12'18'000 sq'mts'

c. Area occupied by Tiracol ;i:g"^- a:ti,000 sq'mts' (i e area enl.sed within laxman-rekha)

d. rotar P';il;; : VYI o"'-'1- e'?o'ogo sq mts'

e. Permiss#rt f an - 40'000 sq'mts' (Max')

t i:3il:::T""j'p'opo"o in land area - 5'62'536 sq'mts'

2.Resor tv i l las :s tandard(128nos ' ) -ProPosc t l in iandarea-2 '02 '? ' l )3. Resort vil las : Premium (io nos) .proposed in lanti area - 1,29,504 Sq.mts.

pL*

4.Engineeringuti l i t ies/maintenancehouse-landarea-95,610sq'mts.g. No. of .ut Parking- 660

U;X;:.;:?lil#:i":2,5s0 m3 per day (1,200 *t t'or golf cottrse nnd 7,350

, #J::"#::Jr'ro o. ffeated l[o,,gr,{r gr 200cMD capacitv (MqR technologv)

k. power requirement - 5,050 rvi I Back-up D.G, sets - 06 nos' of 750 KVA each'

l. Total quantity of waste g".,"*r"j- (i) Biodegradable - 260 kgs/day

1iq No"-Uiodegradable -.260 kgs'l day' -.--

m. The proposed deveiopment would alfectt'g66t'"ttt' out of which' about 1'10L

trees are pt"p"tta to b" pt"terved or transplanted'

3. In view of the above and based on the recommendations of the Goa-sEAC; Goa-

SEIAA, subsequent to compliances sought to project-specific observations / site-specific

clarifications, has decided to accord prior Environmental Clearance (EC) to the said

project under the provision of the Environment Impact Assessment (EIA) Notification,

2006;subject to compliance to the following "General Conditions":-

a. Nutrient-rich top soil, as per its availability' excavated during the construction

phase be separat"ty ott"ip'"i;t;t;i Y:T" the proiect -area

and be utilized

during landscape devel,opment instead of tliittg the salne as iilling

material/ reclamation'

b. The pp shoul6 use Ready-Mixed Concrete (RMc) to minimize afi I water /

land pollution and *ateJ usage during the construction phase'

c. The Proiect Proponent (PP) should necessarily explore the possibility of energY

conservation by tapping ,iiur-Uut.d or hybrid energy sources towards Power

requirements'

d. As a corporate social Responsibility (csR)' the PP' as proposed' should

establish/ assist in establishing a non-Proieci based infrastructure facility for

nearby sociery 7 .o*.,r6ty /tftt a,,tr,ority namely - (a-) Primary school' (b)

2s-bedded health care centre, (c) Poli.o o..tpo,.:]d).P""}< and post-office, (e)

Grabagedisposal .c. .*- t , "" t*entfaci l i ty" ' .a( f lDisastermanagementsi tewith heliPad'

e. pp should prioritize the issues related to health and hygieng in complying with

the matters related ,o *uriu-disposal & treatment / air & water pollution /

waste-watelmanagementduringconstructionperiodandpost-developmentalstage.

f. pP should not disturb the natural drainage and as far as possible maintatn the

originai topography while a"'1et*e roirlSlape cievelopment bv planting

local site-specific plant species /"lesslwater intensive and which are not alien to

the local environment. No any varieties of acncia be used either as a\renue

plantations or as live-fencing'

g. PP should clarify any- issue related to public objections' if any' and should not

conceal the scientific facts in light of the proposed developmental activity vis-d-

vis its landuse categorization/ zoning'

h ' P P s h o u l d a l s o s u b m i t h a l f - y e a r l y c o m p l i a n c e r e P o r t ( s ) i n h a r d a s w e l l a s s o f tcopy format to the o/o the coa.sr,nc and Goa-SElAA for the period upltcl

project completion so as to enable project monitoring during the construction

phase.

i. considering the existing land use / land cover of the plot area' the PP should

necessarilyadaptroof.toprainwaterharvestingsystemforoptimumutil izationof water resources, especially for landscape development and its maintenance'

4. In addition, the Project Proponent (PP) is directed to comply with the following

'specific condition''

a .Theproposedconst ruc t ion-cum-deve loPmetpro jec tshou ldbe inaccordancewith the ,Master ptan,

"r r;;;;;; fy' ,1.. town'and Countrv Planning (TCP)

Department. Any deviation,'iit.rp..tiue of its nature' be brought to the notice of

this Authori,y uJ well as TCP' Goi' for re-appraisal'

b . P P s h o u l d a d o p t r o o f - t o p r a i n w a t e r h a r v e s t i n g / c o n s e r v : : i : l m e a s u r e s i n t h eform of storing the harvesteJ wate r (i.e, colbclion tank of 10'000 nf capacity' ttuo

lal,,es uith total storag, ,opo,i,y of +o,ooo m|) so as to optimallv utilize the water

availability by consfru.t ̂ g'Jrr#pt i"t ."uection of rainwater' This should be in

addition to structufes, ProPosed i{ any, namely recharge-pits' which would

recharge the groundwater aquifers'

c. The PP should use ,,Paspalum,,Grass species - a salt-tolerant variety for the

p r o p o s e d c o n s t r u c t i o n o f l S - h o l e P G A - s t a n d a r d G o l f - c o u r s e . l n a d d i t i o n ,proposed golf course should-L.-i"ttgtuted with application with bio-pesticides

and bio-stimulants (i.e. lntegrated Pest managem:li-T:tqiques) along with (a)

Moisture sensors (t'or automatic imgation .contril), (b) weather monitoring station

(for irngation contril) and t.i'S"U-t"?face 'Jrain age (to capture excess irigntion uiler f

rainfall).

d. PP should adopt suitable soil-erosion conffol measures / earth-stitching I

application of geo-textilesl ; *y, as .well as site-speciiic shoreline protectiotr

interventions (hard u..d ,oft solutions) based on local geomorphological set-up ot

Tiracol coast'

e. Project proPonent shall make suitable provisions for waste water treatment and

S t o r m w a t e r d i s p o s a i i n d e p e n d e n t l y . l n a d d i t i o n , t h e P P s h o u l d a n a l y s e a n dmonitor, on quarterly basii, pesticide content in surface (streams / nalla / lake)

as well as groundwut", ,o.rries (well water /borc well) within the proiect area

as well as local water sources in Tiracol village'

f. ,No objection Certificate (NoC), Shall be obtained from the Goa State Coastal

Zone Mur,.g.,,.,ent Autifi i"Airrl^l or the Ministry of Environment &

h/

Forests (MoEF), as applicable, considering projecVsite-specific applicabil iry to

the Coastal Regulatiott Zott" (CRZ) Notification' 2011"

PP should thrive hard to aim for 'Platinum' certification by improving relevant

sustainability indicators, in addition to being EIA and LEED compliant'

Further, the proiect proponent needs to comply with the following:

a, 'Consent to Establish' shall be obtainecl from the coa state Pollution

Cont ro lBoard(GSPCB)underA i rAc tandWaterAct ,asapp l icab leandacoPysha l lbesubmi t ted to theo/o theGoa-SEACandGoa-SElAA.

b . W i t h d r a w a l o f g r o u n d w a t e r i s n o t p e r m i t t e d f r o m w i t h i n t h e N D Z a sdemarcated on the master plan based on the CRZ applicabilitl''

c. Project Proponent shall not make any change .in the Layout Plar-r /

Master plan submitted to the Authority without its prior permission' In

case of any change(s) irrthe scope of ihe project and/or otherwise, the

project would re[uire a fresh appraisal by the competent authority, as

aPPlicable.

d. Traffic congestion near the entry and. exit points from the roads

ad jo in ing theproposedpro jec ts i tgmustbeavo idec l .Park ingshou l t lbefu l l y in te rna l i zedandnopub l icsPaceshou idbeut i l i zec l fo r theSame.

e. The cliesel generator sets to be usecl during constructitln / after

commiss ion ingshou ldbe lowsu lphurd . iese l typeandshou lc lcon jo rmto Environmefit (protection) Rules prescribed for air and noise emission

standards.

f . The installation of the Sewage Treatment Plant (STP) should be certitied

by the Goa State Pollution io,,t,ol Board (GSPCB) and a report in this

r e g a r d s h o u l d b e s u b m i t t e < l t o t h e A u t h o r i t y b e f o r e t h e p r o j e c t i scommissioned for oPeration'

g.project proponent shall advertise at least in two local newspaPers

widelycirculatedintheregionaroundtheproject ,oneofwhichshal lbein the Konkani ancl Marathi language within.seven davs of the receipt of

this letter, informing that tf," -pto1".t

has. been accorded prior

Environmental Clearance (EC) and ihe copies of the clearance letter are

available on the DST&E as well as PP's website'

h .TheEnv i ronmenta lC learance isbe ing issuedwi thoutpre iud ice to thecourt case pending in the Court-of-law 1nd

it does not mean that

project proponent tas not violated any environmental laws in the past

and whatever decision of the Hon'bie court wil l be binding on the

proiect proponent' Hence, this EC does not give immunity to the

project proponent in the case filed against it'

Af / \ , /

M .'/

The AuthoritY rese

revoke the EC, if cwith to the satisfac n of the Authority or for that matter' for any other

administrative

I . Validity of the nmental Clearance (EC) accorded shall be for a

period of 05 (five) ears from the date of its issue'

es the right to add any stringent conditions or to

Jnio"t st"ipulatecl are not implernented I complied

this prior environmental clearance shall lie with the

ribunal (NGT), if preferred, *IT" '9 ^O1tt"^::

i"" fO of the Nationai Green Tribunal Act' 2010

Any appeal againsNational Greenprescribed under(Ctntral Act 19 of

Yours faithfullY,

N. t I Iv \ /

(Levinson J.Vartins)Director/ex-officio ft' Secy' (STE) &

Member SecretarY, Goa-SEIAA

Cnpy for fmtour of information to:

1 . Mn lose Manuel r o n h a . , C h a i r m a n , G o a - S E I A A ' H o u s e N o ' 9 4 6 / K '

Bagbhat, Raia, Salce , Goa- 403720.

Dt. S. P. Fondekat, irman, Goa-SEAC ,I50lA' 1tt Fioor' Near Arora Gas

Service, Malbhat, tgao, Goa - 403 601'

3 .

4.

5.

P. A. to PrinciPal (Environment), Secretariat' Porvorim' Goa'

P. S. to AdditionalParyavaran Bhav

Member Secretary,Goa State Pollution Conffol Board (GSPCB)' L't Floor'

Dempo Towers, Pa , Panaji, Goa - 403 001'

)ecretary, Ministry of Environment & Forests (MoEF)'

a.e^O.6ompl"*, Lodhi Road' New Delhi - 110 510'

.'

• F.No.11-32/2014-IA-IIIGovernment of India

Ministry of Environment, Forests & Climate Change(IA.III Section)

Indira Paryavaran Bhawan,Jor Bagh Road,

New Delhi -110 003

Dated: 9th December, 2014

ToThe General Manager-Projects,Mis Leading Hotels Ltd.,La Campala, Road No.4, Miramar,Panaji, Goa - 403 001Email: p.ravi@theleadinghotels.in

Subject: CRZ Clearance for setting up of 18 hole PGA Golf Course and Eco- TourismResort in Survey No. 2 to 13 (part) of TiracoI Village in Pernem Taluka ofNorth Goa District, Goa by Mis Leading Hotels Ltd. - Reg.

***This has reference to your proposal forwarded by Member Secretary (GCZMA) &

Director, Dept. of Environment, Goa vide letter No: GCZMAIN/12-13/73/512 dated 13.06.2014and your letter dated 22.07.2014 seeking prior CRZ Clearance for the above project under theCoastal Regulation Zone (CRZ) Notification, 2011. The proposal has been appraised as perprescribed procedure in the light of provisions under the Coastal Regulation Zone Notification,2011 on the basis of the mandatory documents enclosed with the application viz., theQuestionnaire, EIA, recommendation of State Coastal Zone Management Authority and theadditional clarifications furnished in response to the observations of the Expert AppraisalCommittee constituted by the competent authority in its meetings held on 30th July, 2014 _ 1st

August, 2014.

2. It is inter alia, noted that the proposal is for setting up of 18 hole PGA Golf Course andEco-Tourism Resort at Survey No.2 to 13 (part) of Tiracol Village in Pernem Taluka of NorthGoa District, Goa. The project is located in North Goa bordering the State of Maharashtra. Theproject consists of a Resort with 140 Standard Villas, 58 Premium Villas and a US PGAstandard championship Golf Course spread over a built-up area of around 95,638 sqrn. The totaldevelopment is spread over an area of 9,90,000 sq.m (244.62 acres). Area allocated for GolfCourse is 562,536 Sqm, for Standard Resort Vilas & Resort Public Spaces is 202,350 sqm, forpremium resort villags-129,504 sqm. and for Engineering utilities and back of housemaintenance is 95.610 sqm. The total solid waste from resort is 520 kg/day (Biodegradablewaste-260kg/day and Non biodegradable waste -260kg/day). The waste water generated in theresort will be segregated into Grey and Black water. Grey water comprises water from"showers/wash basins" etc., which will be treated by an Ultra Filtration Plant. The Black water(from toilets & urinals) will be treated separately using MBR Technology. Treated sewage waterwill be used within the Resort for flushing, landscaping and/or for golf course irrigation. Thetotal water requirement is 1500 cum/day. The total power requirement is 4500 kVA and will besourced from Goa Electricity. 45 nos. of Recharge wells proposed to recharge the existingaquifers. The total cost of the project is Rs. 505 crores.

. ~Leading hotel_CRZ

10f6

3. The delineation of HTLILTL has been undertaken by the Institute of Remote Sensing-Anna University, Chennai. The project area of 145.6 acres falls in Coastal Regulation Zone- III.The land area allocated for Golf between 0 - 100 m (along river) is 31,000 sqm, between 0-200 m is 2,10,000 sq.m, between 200 -500 m is 1,90,000 sqm and beyond 500m is 1,31,500sqm. The land area allocated for Resort between 200 - 500m is 1,50,000 sq.m and beyond 500mis 2,77,500 sqm. According to Project Proponent, no sand dunes are present in the site. The GoaCoastal Zone Management Authority (GCZMA) has recommended the project vide letter no.GCZMAINI12-13/73/512 dated 13.06.2014.

4. As regards complaint from Goa Foundation that several of the survey numbers are landscovered under the Goa Daman & Diu Agricultural Tenancy Act, 1964, No Land so declaredunder the Agricultural Tenancy Act can be utilized for any purpose other than agriculture, Thereis a specific law which prohibits such diversion (Goa Land Use Regulation Act, 1991) and thereis a specific judgment of the Bombay High Court on this very aspect dated 27.6.2000. TheBoard, by granting the consent order, has violated both the provisions of the Regulation Act aswell as the High Court's Judgment. EAC noted that the issue is a State subject, hence should bedealt at the state level. However, suggested the Project Proponent (PP) to submit their responseto the Ministry for the record. Accordingly, PP submitted their response in the Ministry on thecomplaint vide letter dated 25.08.2014. It is noted from PP's letter dated 28.07.2014 and25.08.2014 that LHL has obtained so far two conversion SANAD dated 30.12.2011 and03.05.2013 respectively. The final project site approved by the Government in February, 2013 is9,90,000 sqmts. Obtaining conversion SANAD and Planning permissions from the Governmentindicated that the project zone is Tenancy/Encumbrance free. Conversion SANAD is issued onlyafter a full-fledged inquiry by the Collector pertaining to the Tenancy aspects of the land.Further PP stated that Goa foundation has put up similar complaints in the Goa State PollutionControl Board and State Level Environmental Impact Assessment Authority. The same was alsoclarified at the State level & hence the Consent to Establish and Environmental Clearance wereobtained.

5. Goa Coastal Zone Management Authority (GCZMA) recommended the proposal of MisLeading Hotels Ltd in terms of the Policy No. GCZMA-H/Court matter/07/656/Part IV/311dated 10.06.2011 framed and notified in pursuance to the order dated 10.06.2011 of Hon'bleHigh Court of Bombay in W.P. No. 422 of 1998 and W.P. No.99 of 1999, for consideration andgranting CRZ clearance.

6. The Expert Appraisal Committee, after due consideration of the relevant documentssubmitted by the project proponent and additional clarifications furnished in response to itsobservations, have recommended for the grant of CRZ Clearance for the project. Accordingly,the Ministry hereby accords necessary CRZ Clearance for the above project as per the provisionsof Coastal Regulation Zone Notification, 2011, subject to strict compliance of the terms andconditions as follows:

A. SPECIFIC CONDITIONS:

(i) Setting up of 18 hole PGA Golf Course and Eco- Tourism Resort in Survey No.2to 13 (part) of Tiracol Village in Pernem Taluka of North Goa District, Goa byMis Leading Hotels Ltd shall be in strict compliance with the order dated13.10.2006 of Hon'ble High Court of Bombay in W.P. No. 422 of 1998 and W.P.No.99 of 1999 as well as the hotel policy No. GCZMA-H/Court

£_Leading hotel_ CRZ

'.

•

20f6

30f6

• matter/07/656/Part IV/311 dated 10.06.2011 as notified by the Government ofGoa and all other connected court cases.

(ii) The CRZ clearance is subject to the outcome of the connected court cases, if any.

(iii) "Consent for Establishment" shall be obtained from State Pollution Control Boardunder Air and Water Act and a copy shall be submitted to the Ministry before startof any construction work at the site.

(iv) All constructions shall be beyond the hazard line of 200 m from HTL of Sea and100m from HTL of Creek whichever is more.

(v) Approval of the State or Union territory Tourism Department shall be obtained.

(vi) The project proponent shall not undertake any construction within 200 metres inthe landward side of High Tide Line and within the area between Low Tide Lineand High Tide Line.

(vii) There shall by no ground water drawal in the no development zone of CRZ area.Between 200-500m from HTL, the water can be tapped with the approval of theState Ground Water Authority.

(viii) Necessary arrangements for the treatment of the effluents and solid wastes mustbe made and it must be ensured that the untreated effluents and solid wastes arenot discharged into the water or on the beach; and no effluent or solid waste shallbe discharged on the beach

(ix) The quality of treated effluents, solid wastes, emissions and noise levels and thelike, from the project area must conform to the standards laid down by thecompetent authorities including the Central or State Pollution Control Board andunder the Environment (Protection) Act, 1986.

(x) The total covered area on all floors shall not exceed 33 percent of the plot sizei.e., the Floor Space Index shall not exceed 0.33 and the open area shall besuitably landscaped with appropriate vegetal cover;

(xi) The overall height of construction upto the highest ridge of the roof, shall notexceed 9metres and the construction shall not be more than two floors (groundfloor plus one upper floor);

(xii) Live fencing and barbed wire fencing with vegetative cover may be allowedaround private properties subject to the condition that such fencing shall in noway hamper public access to the beach; to allow public access to the beach, atleast a gap of 20metres width shall be provided if the width of the plot is morethan 500 metres.

(xiii) There shall be no extraction of sand, levelling or digging of sandy stretches exceptfor structural foundation of building, swimming pool.

(xiv) No flattening of sand dunes shall be carried out.

Leading hotel_ CRZ

•(xv) The construction shall be consistent with the surrounding landscape and local

architectural style.

(xvi) Installation and operation of DG set if any shall comply with the guidelines ofCPCB. The diesel required for operating DG sets shall be stored in undergroundtanks and if required, clearance from Chief Controller of Explosives shall betaken.

(xvii) There shall be no man-made beach development.

(xviii) No permanent structures for sports facilities shall be permitted exceptconstruction of goal posts, net posts and lamp posts.

(xix) The construction shall be consistent with the surrounding landscape and localarchitectural style.

(xx) Extraction of sand, leveling or digging of sandy stretches except for structuralfoundation of building, swimming pool shall not be permitted within 500metresof the High Tide Line.

(xxi) There shall be no disposal of waste into the coastal area. All the solid waste shallbe handled as per the Solid Waste Management Rules.

(xxii) Construction activity shall be carried out strictly as per the provisions of CRZNotification, 2011. No construction work other than those permitted in CoastalRegulation Zone Notification shall be carried out in Coastal Regulation Zonearea.

(xxiii) The project shall be executed in such a manner that there shall not be anydisturbance to the fishing activity.

(xxiv) It shall be ensured that there is no displacement of people, houses or fishingactivity as a result of the project.

(xxv) The project proponent shall set up separate environmental management cell foreffective implementation of the stipulated environmental safeguards under thesupervision of a Senior Executive.

(xxvi) The funds earmarked for environment management plan shall be included in thebudget and this shall not be diverted for any other purposes.

B. GENERAL CONDITIONS:

(i) Adequate provision for infrastructure facilities including water supply fuel andsanitation must be ensured for construction workers during the construction phaseof the project to avoid any damage to the environment.

(ii) Full support shall be extended to the officers of this Ministry/Regional Office atBangaluru by the project proponent during inspection of the project formonitoring purposes by furnishing full details and action plan including action

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•1taken reports in respect of mitigation measures and other environmentalprotection activities.

(iii) A six-Monthly monitoring report shall need to be submitted by the projectproponents to the Regional Office of this Ministry at Bangaluru regarding theimplementation of the stipulated conditions.

(iv) Ministry of Environment, Forests & Climate Change or any other competentauthority may stipulate any additional conditions or modify the existing ones, ifnecessary in the interest of environment and the same shall be complied with.

(v) The Ministry reserves the right to revoke this clearance if any of the conditionsstipulated are not complied with the satisfaction of the Ministry.

(vi) In the event of a change in project profile or change in the implementationagency, a fresh reference shall be made to the Ministry of Environment, Forests& Climate Change.

(vii) The project proponents shall inform the Regional Office as well as the Ministry,the date of financial closure and final approval of the project by the concernedauthorities and the date of start of land development work.

(viii) A copy of the clearance letter shall be marked to concerned Panchayat/localNGO, if any, from whom any suggestion/ representation has been made receivedwhile processing the proposal.

(ix) State Pollution Control Board shall display a copy of the clearance letter at theRegional Office, District Industries Center and Collector's Office/Tehsildar'soffice for 30 days.

7. These stipulations would be enforced among others under the prOVISIOns of Water(Prevention and Control of Pollution) Act 1974, the Air (Prevention and Control of Pollution)Act 1981, the Environment (Protection) Act, 1986, the Public Liability (Insurance) Act, 1991and EIA Notification 1994, including the amendments and rules made thereafter.

8. All other statutory clearances such as the approvals for storage of diesel from ChiefController of Explosives, Fire Department, Civil Aviation Department, Forest Conservation Act,1980 and Wildlife (Protection) Act, 1972 etc. shall be obtained, as applicable by projectproponents from the respective competent authorities.

9. The project proponent shall advertise in at least two local Newspapers widely circulatedin the region, one of which shall be in the vernacular language informing that the project has beenaccorded CRZ Clearance and copies of clearance letters are available with the State PollutionControl Board and may also be seen on the website of the Ministry of Environment, Forests &Climate Change at http://www.envfor.nic.in. The advertisement should be made within 10 daysfrom the date of receipt of the Clearance letter and a copy of the same should be forwarded to theRegional office of this Ministry at Bengaluru.

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10. This Clearance is subject to final order of the Hon'ble Supreme Court of India in thematter of Goa Foundation Vs. Union of India in Writ Petition (Civil) No.460 of 2004 as may beapplicable to this project.

11. Any appeal against this clearance shall lie with the National Green Tribunal, if preferred,within a period of 30 days as prescribed under Section 16 of the National Green Tribunal Act,2010.

12. Status of compliance to the various stipulated environmental conditions andenvironmental safeguards will be uploaded by the project proponent in its website.

13. A copy of the clearance letter shall be sent by the proponent to concerned Panchayat,Zilla ParisadlMunicipal Corporation, Urban Local Body and the Local NGO, if any, from whomsuggestions! representations, if any, were received while processing the proposal. The clearanceletter shall also be put on the website of the company by the proponent.

14. The proponent shall upload the status of compliance of the stipulated Clearanceconditions, including results of monitored data on their website and shall update the sameperiodically. It shall simultaneously be sent to the Regional Office of MoEF&CC, the respectiveZonal Office ofCPCB and the SPCB.

15. The environmental statement for each financial year ending 31st March in Form-Vas ismandated to be submitted by the project proponent to the concerned State Pollution ControlBoard as prescribed under the Environment (Protection) Rules, 1986, as amended subsequently,shall also be put on the website of the company along with the status of compliance of Clearance

conditionsandshallalsobe sentto the respectiveRegionalOfficesof MoEF&CJ:;i~ '/..I)

(Dr.Manoranjan HO~Director

Copy to:1. The Secretary (Environment), Department of Science, Technology & Environment,

Government of Goa, Panjim, Goa.2. The Chairman, CPCB, Parivesh Bhawan, CBD-cum-Office Complex, East Arjun Nagar,

Delhi - 32.3. The Chairman, GCZMA, C!o Dept. of Science, Tech. & Environment, Govt. of Goa. Opp.

Saligao Seminary, P.O. Saligao, Bardez, Goa - 403 511.4. The Chairman, Goa State Pollution Control Board, Dempo Towers, EDC Plaza, Patta, Panaji

- 403 001, Goa.5. The CCF, MoEF&CC, RO (SZ), Kendriya Sadan, 4thFloor, E&F Wings, 1ih Main Road, II

Block, Koranmangala, Bangalore - 560 034.6. Guard File.7. Monitoring Cell.

~r.Ma~Director ..

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