CRZ : Structures extended beyond the approved plan in Coastal Regulation Zone areas are illegal and must be demolished

NGT Orders Demolition of Unauthorized Coastal Structures in Goa. Tribunal Enforces CRZ Norms, Mandates Demolition of Structures Beyond Approved Plans

In a significant ruling, the National Green Tribunal (NGT), Western Zone Bench, Pune, has directed the demolition of unauthorized structures built beyond permissible limits in Coastal Regulation Zone (CRZ) areas of Goa. The judgment, delivered on September 16, 2025, in the case of Alchemist Asset Reconstruction Company Ltd. v. Goa Coastal Zone Management Authority, reinforces the stringent CRZ norms and the Environment Protection Act, 1986, aimed at preserving coastal areas.

The tribunal, led by Justice Dinesh Kumar Singh and Dr. Vijay Kulkarni, addressed the illegal extension and misuse of permissions granted for the repair and reconstruction of residential properties in the sensitive coastal zone. The appellant, Alchemist Asset Reconstruction Company Ltd., challenged the unauthorized commercial development on the site, arguing that the structures were extended beyond the approved plan and used for commercial purposes, violating CRZ regulations.

The dispute centers around two houses in Village Agonda, Canacona, where permissions were misused to create a commercial resort, contravening the CRZ Notification, 2011. The tribunal emphasized that only the repair or reconstruction of existing authorized structures within the existing plinth area, density, and Floor Space Index (FSI) is permissible, condemning any additional construction as illegal.

In its detailed deliberations, the tribunal scrutinized the permissions granted by the Goa Coastal Zone Management Authority (GCZMA) and the subsequent violations. The NGT noted the speculative nature of the GCZMA's explanations regarding the increase in the area of the structures and the lack of credible evidence to support claims of pre-existing commercial activity prior to 1991.

The tribunal ordered the demolition of all extended structures identified in the site plan, subject to directions from the Supreme Court of India. This decision underscores the importance of adhering to environmental norms and regulations to protect coastal ecosystems from unauthorized development.

The ruling has significant implications for coastal management, emphasizing the need for strict compliance with CRZ provisions to prevent unauthorized commercial activities in sensitive coastal zones. The demolition order serves as a reminder of the legal framework governing coastal areas and the consequences of violating environmental regulations.

Statutory provision(s): Environment Protection Act, 1986, CRZ Notification 2011, Regulation 8 (III) (A) (ii), Regulation 8 (II) CRZ-II (iii).

Alchemist Asset Reconstruction Company Ltd. v. Goa Coastal Zone Management Authority, (NGT)(Western Zone Bench, Pune) : Law Finder Doc Id # 2779941