Panaji: In a significant ruling concerning coastal development and the powers of local self-government bodies, the North Goa Principal District Court at Merces has set aside an order directing the Anjuna-Caisua Village Panchayat to grant construction permission for 54 temporary wooden cottages and six restaurants with decks at Anjuna.

Principal District Judge Vijaya V. Ambre allowed the civil revision application filed by the Anjuna-Caisua Panchayat and quashed the February 25, 2026 order issued by the Additional Director of Panchayats-I, Panaji.

The proposed development, spread across survey numbers 213/1, 213/2 and 213/3 at Anjuna in Bardez, covers a total built-up area of approximately 4,261.03 square metres.

Panchayat Raises Environmental and Legal Objections

The dispute arose after the Additional Director of Panchayats directed the village panchayat to grant construction permission to the applicants within 15 days.

Challenging the directive, the panchayat argued that the proposed development was located in an ecologically sensitive coastal area, partly overlapping a no-development slope and falling within a natural cover zone.

The panchayat also pointed to the absence of a proper access road and expressed serious concerns about the environmental impact of the proposed commercial development.

Another major objection concerned the alleged violation of conditions imposed by the Goa Coastal Zone Management Authority (GCZMA).

According to the panchayat, the applicants had obtained a GCZMA No Objection Certificate dated July 5, 2023, subject to specific conditions. The approval required the applicants to obtain necessary permissions from competent authorities before commencing operations and prohibited the transfer of the NOC.

However, the applicants subsequently entered into an agreement with KP Resort Pvt. Ltd. to lease the property for commercial activities, which the panchayat contended violated the conditions attached to the coastal clearance.

Court Finds Failure to Examine Statutory Requirements

While examining the dispute, the court observed that the Additional Director of Panchayats had failed to adequately consider the statutory provisions and environmental objections raised by the village panchayat.

The court referred to Sections 4 and 5 of the Goa Erection of Shacks on Public Beaches (Regulation and Control) Act, 2024, which prescribe requirements for temporary and seasonal structures.

These include approval from the Director of Tourism, an NOC from the concerned panchayat or municipality, and compliance with other statutory clearances.

The legislation also lays down requirements relating to plot coverage, access, height and setbacks.

The court observed that these legal requirements had not been properly examined before the Additional Director directed the panchayat to grant permission.

It further noted that the issuance of NOCs to owners of adjoining properties did not automatically entitle the applicants to similar permissions without satisfying applicable legal conditions.

Significant Victory for Panchayat’s Regulatory Authority

The judgment highlights the importance of examining environmental safeguards and statutory requirements before directing local bodies to approve development projects, particularly in ecologically sensitive coastal areas.

It also reinforces the principle that administrative authorities cannot simply override objections raised by elected village panchayats without properly considering the relevant laws and conditions attached to regulatory approvals.

Advocate Pronoy Kamat represented the Anjuna-Caisua Village Panchayat.