Case Note & Summary
The judgment pertains to two writ petitions filed by 30 individuals challenging the demolition of their structures by the Goa Coastal Zone Management Authority (GCZMA) and other authorities. The petitioners claimed that their structures were existing prior to the CRZ Notification 2011 and were entitled to regularization. However, the court found that the petitioners had not produced any valid permissions or evidence to show that the structures were legally constructed. The court noted that the CRZ Notification 2011 prohibits any construction in CRZ areas without prior approval, and the petitioners had violated these provisions. The court also observed that the right to property is not absolute and must yield to environmental protection laws. The court dismissed the petitions, holding that the demolition was lawful and in public interest. The court emphasized that unauthorized constructions in ecologically sensitive areas cannot be regularized and must be removed to protect the environment.
Headnote
A) Environmental Law - Coastal Regulation Zone - CRZ Notification 2011 - Unauthorized Construction - Petitioners challenged demolition of structures allegedly built in CRZ area without valid permissions - Court held that the structures were illegal and liable to be demolished as they violated CRZ norms and the Environment Protection Act, 1986 - Petitioners failed to demonstrate any legal right to retain the constructions (Paras 1-74).
Issue of Consideration
Whether the demolition of structures allegedly constructed in violation of CRZ Notification 2011 and without valid permissions is lawful, and whether the petitioners have any legal right to retain such structures.
Final Decision
Writ petitions dismissed; demolition of structures held lawful
Law Points
- CRZ Notification 2011
- Environment Protection Act 1986
- Right to property not absolute
- Unauthorized construction cannot be regularized
- Public interest in environmental protection
