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2005 Supreme(Ker) 739

A.K.BASHEER
A. C. Parthan – Appellant
Versus
Nayarambalam Grama Panchayath, Represented by its secretary, Nayarambalam – Respondent


Judgment :-

The petitioners in this bunch of writ petitions are stated to be residents of some “small islands†(as the petitioners would call them) like Vypeen, Mulavukadu, etc. in Ernakulam District. According to the petitioners, these “small islands†are by and large surrounded by Arabian Sea as well as backwaters. Since they are included under CRZ III category, the area upto 200 meters from the High Tide Line has been ear-marked as ‘no development zone.’ Resultantly, no construction/reconstruction/renovation of dwelling units or other structures is permitted. However, in Lakshadweep and small islands which are included in CRZ IV, discretion is vested with the appropriate authority to decide the distance from the High Tide Line, depending on the size of the islands, to grant permission for construction of buildings. But in the case of coastal areas included in CRZ III category, the authorities are prohibited from permitting any construction except for repairs of existing authorized structures and that too not exceeding the existing plinth area, density, etc. The grievance of the petitioners is that because of the inclusion of the entire coastal area comprising these s



















































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