The Supreme Court on October 8, 2025 heard and allowed the appeal filed by the Goa Tourism Development Corporation against an NGT order that had directed GTDC to remove all structures connected with the Baina beach beautification project and restore the area to its original condition as a sandy beach.
The first of the appeals was filed by GTDC against Respondent Rajabhau Lahanu Pawar (CIVIL APPEAL NO.8250/2022) and against the Goa Foundation (CIVIL APPEAL No. 8312/2022). Senior Advocate argued on behalf of the Goa Foundation.
The Goa Foundation originally moved the NGT against the Baina beach beautification proposal, arguing the constructions related to the project were coming up in the sandy portion of the beach, between the existing road and the high tide line. As a result, the sand dunes in the area were seriously affected. The Goa Foundation told the Court that beaches of Goa were naturally beautiful and did not gain a single bit from RCC and other concrete constructions sought to be raised as part of the project.
The Foundation shared with the Court the report of the then GCZMA expert who had visited the area and had recommended the project be shelved and more attention be placed on restoration of the sand dunes in the stretch.
The GCZMA, however, after it was approached by the GTDC, had granted approvals for the project which on paper were not in violation of the CRZ notification since they related to area between the existing retaining wall and the road. However, at site, the constructions were being raised in the stretch between the retaining wall and the High Tide line, in the sandy portion of the beach.
The Supreme Court found that the NGT, in allowing the original application filed by the Goa Foundation, had not resolved the issue of the categorization of the affected area in detail. The CZMP for Vasco showed the area as CRZ II, yet the NGT had held the construction was coming up in an area that is always zoned as CRZ I. However, the NGT order was cryptic and did not provide detailed grounds for its stand that the area in which the project was being constructed was a CRZ I zone. On this ground alone, the Court allowed the GTDC appeal.
The Court however refused to vacate the stay on the project (obtaining since 2014). It directed the NGT to hear parties on November 3, 2025.
Copy of order dated 8.10.2025.
Claude Alvares
The Goa Foundation
10.10.2025