Case Note & Summary
The writ petition was filed by the petitioner challenging the order rejecting his revision petition under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, concerning a demolition notice issued for his residential property in a Coastal Regulation Zone. The petitioner purchased the land in 1988 and constructed a building in 1989 without obtaining the necessary planning permission. Following the enactment of regulations to preserve coastal zones, the authorities began regulating constructions in these areas. The petitioner argued that his construction was permissible as it was built before the regulations were enforced and that it was located on the landward side of an existing road. However, the court noted that the construction was unauthorized and that the regularization application submitted in 1999 had not been considered. The court emphasized that the building was within the restricted distance from the High Tide Line and that the road cited by the petitioner was not a public road but part of a government facility. The court concluded that the regulations must be strictly interpreted and upheld the impugned order, dismissing the writ petition as devoid of merits.
Headnote
A) Environmental Law - Coastal Regulation Zone - Unauthorized Construction - Coastal Regulation Zone Notification - The petitioner constructed a building in CRZ-II without permission and sought regularization, which was denied due to the location's proximity to the High Tide Line. The court held that the construction violated the Coastal Regulation Zone regulations and could not be regularized (Paras 18-21).
Issue of Consideration
Whether the petitioner is entitled to regularization of unauthorized construction in a Coastal Regulation Zone.
Final Decision
The High Court dismissed the writ petition, affirming the impugned order rejecting the regularization of the unauthorized construction due to its location within the Coastal Regulation Zone and proximity to the High Tide Line.
Law Points
- Coastal Regulation Zone
- planning permission
- regularization of unauthorized construction
- Town and Country Planning Act
- 1971
