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S. V. GANGAPURWALA, SANDEEP V. MARNE
MRK Enterprises – Appellant
Versus
Maharashtra Coastal Zone Management Authority – Respondent
JUDGMENT :
Sandeep V. Marne, J.
1. Rule. Rule made returnable forthwith. With the consent of the parties, the petition is taken up for final hearing.
2. Petitioner challenges the decision of Maharashtra Coastal Zone Management Authority (MCZMA) dated 20th April 2021 declining Costal Zone Regulation clearance for issuance of occupancy certificate for its building. MCZMA has treated the case of Petitioner as violation of CRZ Notification 2011 calling it upon to submit requisite information for regularization of construction under Office Memorandum dated 19th February 2021. Objection of MCZMA is to the act of Municipal Corporation in granting development permission under Development Control Regulations 1991, when the CRZ clearance envisaged carrying out the construction in accordance with Development Control Regulations 1967.
3. Petitioner is the owner of the property being land bearing C.S. No.79 of Colaba Division, Nathalal Parekh Marg (Wood House Road), Wing A, Mumbai alongwith building standing thereon known as ‘Amir House’ (Property).
4. In exercise of powers conferred under Section 3(i) and 1(ii)(v) of the Environmental (Protection) Act, 1986 r/w. Sub-Rule 3 of Rule 5 of the Environm
CRZ-2011 prohibits constructions in ecologically sensitive CRZ-I and seaward CRZ-II; even temporary structures on permanent bases illegal; mandatory demolition required irrespective of nature to prot....
A previous NGT decision affirmatively stated that land inhabited by slum dwellers cannot be legally categorized as a Garden, thus affecting CRZ application for redevelopment proposals.
Construction in ecologically sensitive CRZ I areas is prohibited, reaffirming the precedence of environmental protection laws over local development interests.
Constructions in ecologically sensitive CRZ-I and on seaward side of roads in CRZ-II are prohibited; even temporary structures on concrete bases illegal, mandating demolition and restoration to prote....
Post facto environmental clearance is impermissible as it contradicts statutory requirements established by the Coastal Regulation Zone Notification, 2019, which mandates prior clearance.
Local authorities are empowered to process building permit applications for individual self-dwelling units up to 300 square meters under CRZ II category as per clause 7(vi) of the CRZ Notification, 2....
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