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2018 Supreme(SC) 2096

ARUN MISHRA, VINEET SARAN
Kerala State Coastal Zone Management Authority – Appellant
Versus
Maradu Municipality, Maradu – Respondent


Advocates appeared:
For the Appellant : Mr. Romy Chacko, Mr. Varun Mudgal, Mr. Shakti Chand Jaidwal, Adv.
For the Respondent: Mr. Abhishek Manu Singhvi, Mr. Avishkar Singhvi, Adv., Mr. Dhruv Surana, Adv., Mr. Rahul Arya, Adv., Mr. M.T. George, AOR, Mr. V. Giri, Sr.Adv., Mr. Jayanth Muthraj, Adv., Mr. Mohammed Sadique T.A., Mr. Mathew B. Kurian, Adv., Mr. Anu K. Joy, Adv., Mr. Alim Anvar, Adv., Ms. Svadha Shankar, Mr. Amith Krishnan, Adv., Mr. Muthu Charan, Mr. Venkita Subramoniam T.R., Mr. Rahat Bansal, Mr. G. Prakash, Ms. Priyanka Prakash, Mr. Jishnu M.L., Adv., Ms. Beena Prakash, Adv., Mr. Ranjan Kumar, AOR

ORDER :

1. The writ petitions filed questioning the show cause notice dated 4.6.2007 issued for removal of the buildings, which according to show cause notice were falling within the prohibited area of CRZ Category. Various violations were mentioned in the show cause notice. Without availing the remedy of filing reply to the show cause notice, writ petitions were filed directly in the High Court. The Single Bench of the High Court vide its judgment and order dated 10.09.2012, allowed the writ petition. Aggrieved thereby, the Municipality preferred writ appeals before the Division Bench, which were dismissed by the impugned judgment and order dated 02.06.2015.

2. Considering the peculiar facts and circumstances of the case, as there is no categorical finding recorded either by the Single Bench or by the Division Bench that whether area in question is in CRZ Category-III, Category-I or Category-II. It was claimed by the petitioner before the Single Bench that they fell within the CRZ Category-II, whereas the case set up by Coastal Zone Management Authority in this Court is that area is of CRZ Category-III. We deem it appropriate to call for the findings on the aforesaid aspect.

3. We co

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