Construction without obtaining requisite permissions in CRZ-II area cannot be regularized ex-post-facto under CRZ Regulations.

National Green Tribunal Upholds Demolition Orders for Unauthorized Coastal Construction in Goa. Tribunal dismisses appeals for regularization of unauthorized alterations under Coastal Regulation Zone norms

In a significant ruling, the National Green Tribunal (NGT), Western Zone Bench, Pune, has dismissed appeals seeking the regularization of unauthorized construction alterations made by Madan Narayan Sawant in the Coastal Regulation Zone (CRZ-II) area of Goa. The tribunal, consisting of Mr. Justice Dinesh Kumar Singh and Dr. Vijay Kulkarni, ruled that ex-post-facto regularization of constructions carried out without prior permission is not permissible under the CRZ regulations.

The case revolved around the unauthorized construction activities undertaken by Madan Narayan Sawant, who had initially obtained a No Objection Certificate (NOC) from the Goa Coastal Zone Management Authority (GCZMA) in July 2007 for the construction of a residential house. However, subsequent alterations and constructions, including converting stilt parking into living areas, were carried out without the necessary permissions.

The tribunal's judgment emphasized the importance of adhering to the Environment (Protection) Act, 1986, and CRZ norms, highlighting that any construction in CRZ areas requires prior permission, and there is no provision for regularizing unauthorized constructions after they have been completed.

The appellants argued that once the GCZMA had granted the initial NOC, further clearance for revised plans was not required according to the authority's meeting minutes. However, the tribunal noted that the appellant's application for regularization indicated an acknowledgment that prior permission was indeed required, thereby nullifying the claim of exemption for revised plans under CRZ guidelines.

Respondent No.1, GCZMA, had previously ordered the demolition of structures constructed in violation of approved plans and directed that the property be restored to its original condition. The tribunal upheld these orders, stating that the appellant’s actions contravened CRZ regulations and environmental protection laws.

The tribunal also granted a two-month stay on the execution of its judgment, allowing the appellant time to appeal to the Supreme Court. This temporary relief was granted upon the appellant's request, indicating the possibility of further legal proceedings.

This ruling serves as a stern reminder of the stringent requirements under the CRZ norms aimed at protecting coastal environments. It underscores the necessity for developers and property owners to obtain all requisite permissions before undertaking any construction in sensitive coastal areas.

Bottom Line:

Coastal Regulation Zone (CRZ) norms - Construction carried out without obtaining requisite permissions in CRZ-II area cannot be regularized ex-post-facto under CRZ Regulations.

Statutory provision(s): Environment (Protection) Act, 1986, Coastal Regulation Zone (CRZ) norms

Madan Narayan Sawant v. Goa Coastal Zone Management Authority, (NGT)(Western Zone Bench, Pune) : Law Finder Doc Id # 2784360