TMI Blog2016 (10) TMI 1291X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - Civil Appeal Diary No. 26024 of 2016 - - - Dated:- 7-10-2016 - T.S. Thakur, C.J.I., A.M. Khanwilkar And Dr. D.Y. Chandrachud, JJ. For the Appellant : Mr. A.Venayagam Balan, Adv. For the Respondent : None JUDGMENT A.M. Khanwilkar, J. 1. Delay condoned. 2. This appeal arises from the final judgment and order passed by the National Green Tribunal (Western Zone) Bench, Pune dated 29th May, 2015 in Application No. 51/2014 and dated 14th December, 2015 in M.A. No. 180/2015 (WZ) and Review Application No. 15/2015(WZ). 3. Respondent Nos. 1-4 had filed an application before the Tribunal Under Section 14(1) read with Section 14(3) of the National Green Tribunal Act, 2010 complaining ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r re-roofing and re-flooring of the structure. It was not a case of construction of a new structure within the No Development Zone (NDZ) as is contended. 6. The Tribunal after analyzing the documentary evidence including the survey reports brought on record by the parties, negatived the plea of the Appellant that the structure as it exists at present was constructed prior to 19th February, 1991. The Tribunal recorded that finding on the basis of the contents of the registered Sale Deed dated 3rd August, 1992 executed in favour of the Appellant by the original owner of the plot, the House Property Revenue Records, Settlement of Land Records, No Objection Certificate given by the Panchayat, Inspection Report dated 2nd May, 2012, and also the contents of the affidavit filed by the Appellants. The Tribunal held that the structure as existed prior to 19th February, 1991, on plot of land bearing Survey No. 65/1-A or in Survey No. 83/2-A of Village Morombio Grande in Merces Panchayat, falling within 100 metres distance (in CRZ III area), was a small structure at the corner of the said plot and was used as a garage. The Tribunal then relied on the decision of the High Court of Bom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... standing on the subject plot is manifestly wrong. It was then contended that even the finding of the Tribunal that permission can be granted only for repair or renovation of dwelling units, was contrary to the CRZ Policy document. Further, the CRZ Policy document does not restrict the user of the existing structure or disallow the change of user therein. Further, the Appellant having taken due permission of the competent Authority to use the structure as Restaurant and Bar must prevail. In the alternative it is submitted that the Appellant was entitled to repair and renovate the original structure as it existed on 19th February, 1991 and use it for the purpose/activity permissible after taking approval of the competent Authority in that behalf. The learned Counsel for Respondent No. 5 invited our attention to the relevant documents, in particular to the show cause notice issued by Goa Coastal Zone Municipal Authority (GCZMA) dated 25th May, 2012 and the Report of the Enquiry Committee (GCZMA) dated 30th February, 2014 which concluded that there was no violation of CRZ Regulation. 8. The Appellant has not seriously pursued the preliminary objections which were otherwise ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such activities. An authority designated by the State Government/Union Territory administration may permit construction of facilities for water supply, drainage and sewerage for requirements of local inhabitants. However, the following used may be permissible in this zone agriculture, horticulture, gardens, pastures, parks, play fields, forestry and salt manufacture from sea water. ii. Development of vacant plots between 200 and 500 metres of High Tide Line in designated areas of CRZ-III with prior approval of Ministry of Environment and Forests (MEF) permitted for construction of hotels/beach resorts for temporary occupation of tourists/visitors subject to the conditions as stipulated in guidelines at Annexure-II. iii. Construction/reconstruction of dwelling units between 200 and 500 metres of the High Tide Line permitted so long it is within the Ambit of traditional rights and customary uses such as existing fishing villages and gaothans. Building permission for such construction/reconstruction will be subject to the conditions that the total number of dwelling units shall not be more than twice the number of existing units; total covered area on all floors shal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... structure as it existed when the plot was purchased by the Appellant on 3rd August, 1992 was a small structure at the corner of the subject plot and was used only as a garage or for repairs of vehicles and allied activity. The structure in respect of which complaint has been made before the Tribunal was completely different in shape, size and also location for which reason the Tribunal issued direction to remove the same. The view taken by the Tribunal relying on the decision of the Bombay High Court, which the Tribunal was bound to follow, permitted retention of only dwelling units within CRZ III area and constructed prior to 19th February, 1991. The direction given by the High Court in the case of Goa Foundation (supra) have been reproduced by the Tribunal in para 12 of the impugned judgment, which reads thus: 12. The Hon'ble High Court summarized findings and gave directions in paragraph 32 as follows: (A) To conduct survey and enquiry as regards the number of dwelling units and all other structures and constructions which were existing in the CRZ-III Zone in Goa, village or town wise as on 19th February, 1991 and increase the number thereof thereafter, dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed as stated above. (K) All the records relating to the survey and the inquiry should be made available to the public available to the public and in that regard a website should be opened and the entire material should be displaced on the website. The Respondent No. 3 should ensure due compliance of this direction by 10th of June, 2007. (L) The Respondent No. 1 and 3 shall pay costs of ₹ 10,000/- in each of the petitions to the Petitioners. (M) Report to be received from the Respondents should be placed before this Court in the third week of June, 2007. (N) Rule is made absolute in above terms. So long as these directions are in force, the State Authorities or Municipal Authorities were bound by the same and they could not have granted permission to any applicant in breach thereof. 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. 11. The fact remains that the structure d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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