Case Note & Summary
The petitioner, Shri David D'Souza, purchased a property at Anjuna, Goa in 2001. He constructed a residential house of about 70 sq.mts within 200 m of the High Tide Line, which falls under the No Development Zone (NDZ) as per the Coastal Regulation Zone (CRZ) Notification of 1991 issued under the Environment (Protection) Act, 1986. Upon a complaint from the Collectorate, the Goa Coastal Zone Management Authority issued a show cause notice dated 24.5.2004 to the petitioner, alleging illegal construction. The petitioner filed a reply and was heard. He admitted that he did not obtain any permission from any authority, believing that permission was not required because the structure was built on the site of an old collapsed structure and was meant only as a shelter. The Authority, after considering the reply and hearing the petitioner, passed an order dated 17.11.2004 directing demolition of the structure, noting that the petitioner had not produced any construction license, reconstruction license, original survey plan showing the structure, or conversion sanad. The petitioner challenged this order by way of a writ petition under Article 226 of the Constitution, seeking a writ of certiorari to quash the demolition order. The High Court heard the petitioner in person and the respondent's advocate. The Court observed that the petitioner had admitted in his reply that he had not obtained any permission and that the sale deed did not show any existing structure. The Court held that the construction was in blatant violation of the CRZ Notification and that the Authority's order was justified. The petition was dismissed with no order as to costs.
Headnote
A) Environmental Law - Coastal Regulation Zone - Illegal Construction - CRZ Notification 1991, Environment (Protection) Act 1986 - Petitioner constructed a residential house within 200 m of High Tide Line without any permission - Authority ordered demolition after show cause notice and hearing - Petitioner failed to produce construction license, original survey plan, or conversion sanad - Held that construction was in blatant violation of CRZ Notification and order was justified (Paras 3-6).
Issue of Consideration
Whether the order of demolition passed by the Goa Coastal Zone Management Authority for construction within No Development Zone under CRZ Notification 1991 is valid.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Coastal Regulation Zone Notification 1991 prohibits construction in No Development Zone without permission
- Petitioner's admission of no permission obtained
- Burden on petitioner to show legality of construction
