A Public Interest Litigation has been filed before the High Court challenging the constitutional validity of the Goa Erection of Shacks on Public Beaches (Regulation and Control) Act, 2024.
The Act was enacted to regulate temporary and seasonal structures permitted under the Coastal Regulation Zone Notification. The petitioners have alleged that the law creates a backdoor for unchecked and permanent commercial construction along ecologically sensitive coastal stretches under the guise of temporary seasonal tourism structures.
The Act, passed by the Goa Legislative Assembly in August 2024 and enforced in October 2024, was framed to regulate temporary beach shacks and seasonal tourism structures. However, the petitioners have argued that the legislation is ultra vires, unconstitutional and repugnant to central environmental laws, including the Environment (Protection) Act, 1986, the CRZ Notification, 2011, and the Wildlife (Protection) Act, 1972.
The petitioners have alleged that the Act circumvents planning and safety oversight by allowing structures up to nine metres in height—classified as G+2—without requiring technical clearances from the Town and Country Planning Department, structural stability certificates, load calculations or letters of conformity from architects.
They have further contended that mandatory building approvals have been replaced by an administrative “Certificate of Satisfaction” issued by the Director of Tourism. According to the plea, the Director of Tourism lacks the technical expertise required to assess structural safety, setbacks and carrying capacity.
The petitioners have also argued that stripping village panchayats of their licensing powers under the Goa Panchayat Raj Act violates the decentralisation mandate under the 73rd Constitutional Amendment and creates an arbitrary distinction between urban and rural areas.
The petition further challenges the blanket 33% plot-coverage limit, claiming that it disregards stricter regional zoning controls and permits intensive commercial development in No Development Zones—within 0 to 200 metres of the High Tide Line—as well as in orchard zones.
The PIL cites the project at Survey No. 354/1 in Anjuna as a primary example of how the new law is allegedly being misused. According to the petition, the property is located within 44 metres of the High Tide Line and falls within the CRZ-III No Development Zone. The petitioners have sought the striking down of the Goa Beach Shack Act, 2024, arguing that it is unconstitutional and void ab initio. The High Court will hear the matter on 6 October.
