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2016 (10) TMI 1291 - SC - Indian LawsDegradation of environment on account of unauthorized construction on plot of land falling within CRZ - repair or renovation of dwelling units - whether contrary to the CRZ Policy document? - whether the structure as it existed when the Respondents moved the Tribunal complaining about violation within the CRZ area was the same structure as on 19th February, 1991 when the CRZ Policy came into being? HELD THAT:- Any permission given contrary to those directions must be viewed as nullity and non-est, having been given in complete disregard of the directions of the High Court. Thus, the permission granted to the Appellant by GCZMA would be of no avail, as it is not consistent with the directions of the High Court. The fact remains that the structure directed to be demolished by the Tribunal, was obviously erected after 19th February, 1991. That being an unauthorized structure within the meaning of Sub-clause (i) quoted above, could not be used for any purpose whatsoever and was required to be demolished. Therefore, the finding recorded by the Tribunal and the consequential directions given in that behalf are unassailable. It is not necessary for us to dilate on the argument as to whether the CRZ Policy prohibits change of user of the structure which was in existence on 19th February, 1991, so as to be used as a Restaurant and Bar - no substantial question of law much less of great public importance arises for our consideration. Appeal dismissed - decided against appellant.
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